HON'BLE MR. AJAY MOHAN GOEL, J. For the Appellant : Mr. Dheeraj K. Vashishta, Advocate, for the appellant, in both the appeals. For the Respondent : Mr. Parav Sharma, Advocate, in both the appeals. ORDER By way of these appeals, the appellant has prayed for the following relief:- "It is, therefore, prayed that this appeal may very kindly be allowed and the judgment and decree dated 20.08.2022 passed by the learned First Appellate Court as well as the judgment dated 16.03.202... ... ...

Character is relevant in civil proceedings where it affects the amount of damages to be assessed. Character includes reputation and disposition, but evidence is ordinarily limited to general reputation and general disposition rather than particular acts used to demonstrate either quality. This limitation remains subject to the applicable exception for character evidence.

Previous bad character of an accused is generally irrelevant in criminal proceedings, but becomes relevant where evidence of good character has been given in reply. The exclusion does not apply if a person's bad character is itself a fact in issue, and a previous conviction is relevant as evidence of bad character.

^1[53A. . - In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, ^2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant... ... ...

53. . - In criminal proceedings, the fact that the person accused is of a good character, is relevant. =============... ... ...

CHARACTER WHEN RELEVANT 52. . - In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant. =============... ... ...

51. . - Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion. =============... ... ...

50. . - When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869), or in prosecutions under section 494, 495, 497 or 498 of the Indi... ... ...

49. . - When the Court has to form an opinion as to- the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are, relevant facts. =============... ... ...

48. . - When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation. - The expression "general custom or right" includes customs or rights common to any considerable class of persons. Illustration The right of the villagers of a particular village to use the water of a particular well is a general right ... ... ...

^1[47A. . - When the Court has to form an opinion as to the ^2[electronic signature of any person, the opinion of the Certifying Authority which has issued the ^3[electronic Signature Certificate] is a relevant fact.]     **************** NOTES:- 1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for "digital signature" (w.e.f. 27-10-2009). 3. Subs. by s 52, ibid., for "Digital Signature Certifi... ... ...

Opinion evidence on handwriting is a relevant fact where authorship or signature of a document is in issue, provided the witness is acquainted with the alleged writer's handwriting. Such acquaintance may result from seeing the person write, receiving purportedly authored replies to communications, or routinely handling purportedly authored documents in ordinary business dealings. Personal observation of the person writing is not essential; correspondents, clerks handling correspondence, and business advisers may offer relevant opinions on authorship.

Facts bearing on expert opinions become relevant, though independently irrelevant, when they support or contradict an expert opinion that is relevant to the issue. Comparative evidence may test the reliability and evidentiary weight of expert conclusions, including evidence of symptoms in other poison-exposure cases or similar harbour conditions bearing on causation of obstruction.

Section 45A treats the opinion of an Examiner of Electronic Evidence as a relevant fact where an opinion is required concerning information transmitted or stored in a computer resource or other electronic or digital form. The Examiner is treated as an expert for this purpose.

Expert opinion evidence is relevant where forming an opinion requires specialised knowledge of foreign law, science, art, identity of handwriting, or finger impressions. The opinion must be given by a person specially skilled in the relevant field, who is treated as an expert. Relevant applications include medical opinions concerning poisoning or unsoundness of mind, and expert comparison of disputed writing with admitted or proved handwriting.

Section 44 permits any party to a suit or other proceeding to challenge a judgment, order, or decree relied upon and proved by the adverse party where it is relevant under the provisions governing prior judgments. The party may establish that the deciding court lacked competence or that the judgment was procured through fraud or collusion.

Judgments, orders and decrees outside sections 40, 41 and 42 are generally irrelevant unless their existence is a fact in issue or they are independently relevant under another provision. A prior adjudication involving other parties ordinarily cannot establish disputed facts in later proceedings. It may, however, be relevant to show motive, while a previous conviction is relevant when it is itself a fact in issue.

Judgments, orders and decrees concerning matters of a public nature may be relevant to an enquiry even when they do not fall within section 41. Their relevance does not make them conclusive proof of the facts stated. A prior decree concerning an asserted public right of way may therefore be considered in a later trespass dispute, without conclusively establishing the existence of that right.

Final judgments, orders or decrees of competent courts exercising probate, matrimonial, admiralty or insolvency jurisdiction are relevant where they confer, remove or declare a legal character, or declare absolute entitlement to a specific thing. Such adjudications constitute conclusive proof of the legal character or title declared, including the time at which that character accrued or ceased, or the property became vested.

Previous judgments, orders or decrees that legally prevent a court from taking cognizance of a suit or holding a trial are relevant facts. Their existence is relevant when determining whether the court ought to take cognizance of that suit or hold that trial, in relation to a legal bar against a second suit or trial.