3. The following sections are hereby inserted after section 41, and shall have effect as sections 41A, 41B, and 41c respectively of the principal enactment:"
| 41A.
| | (1) Where in an action for defamation, the question whether any person committed a criminal offence is a fact in issue, a judgment of any court in Sri Lanka recording a conviction of that person for that criminal offence, being a judgment against which no appeal has been preferred within the appealable period or which has been finally affirmed on appeal, shall be relevant for the purpose of proving that such person committed such offence, and shall be conclusive proof of that Fact. | | |
| | (2) Without prejudice to the provisions of subsection (1), where in any civil proceedings, the question whether any person, whether such person is a party to such civil proceedings or not, has been convicted of any offence by any court or court martial in Sri Lanka, or has committed the acts constituting an offence, is a fact in issue, a judgment or order of such court or court martial recording a conviction of such person for such offence, being a judgment or order against which no appeal has been preferred within the appealable period, or which has been finally affirmed in appeal, shall be relevant for the purposes of proving that such person committed such offence or committed the acts constituting such offence. | | |
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| 41 B.
| | (1) Where in any civil proceedings, the question whether any person, whether such person is a party to such civil proceeding or not, has committed adultery is a fact, in issue, any judgment, decree or order in any matrimonial Proceedings recording a finding that such person has been found guilty of adultery, being a decree, judgment or order from which there has been no appeal within the appealable period or which has been finally affirmed in appeal, shall be relevant for the purpose of proving that such person committed such adultery. | | |
| | (2) In this section, "matrimonial proceedings" means an action for divorce a vinculo matrimonii or separation a mensa et thorn or proceedings had before a District Registrar pursuant to an application made to such District Registrar under section 33 of the Kandyan Marriage and Divorce Act or proceedings had before a Quazi or Special Quazi pursuant to an application for divorce made under the Muslim Marriage and Divorce Act. | | |
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| 41C.
| | (1) Where in any civil proceedings, the question whether any person, whether such person is a party to such civil proceeding or not, is the father of a child is a fact in issue, an order entered in any maintenance proceedings recording a finding that such person is the father of such child, being an order from which there has been no appeal within the appealable period or which has been finally affirmed in appeal, shall be relevant for the purposes of proving that such person is the father of such child. | | |
| | (2) In this section, "maintenance proceedings" mean proceedings had before a Magistrate pursuant to an application made to such Magistrate for an order under section 2 of the Maintenance Ordinance or proceedings had before a Quazi pursuant to a claim made to such Quazi by, or on behalf of, a child, under the Muslim Marriage and Divorce Act.'. | | |
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Sri Lanka Consolidated Acts