Irrelevancy of written statements, 514; of interrogatories, 517.
Issue of process, 137; for warrant of execution of sentence, 200. Issue, settled by court, 404: stated by parties, 404; what, 524, 525; materials whence framed, 525; find- ing on, 540; framed or resettled by appellate court, 681, 682; facts in, defined, 851; evidence of facts in, 853.
Jail. See Gaol, Prison.
Játh, Acts in force in, 373, 810,850, note;
958, note I; 1103, note 1. Joinder, of charges, 147-151; of causes of action, 397, 492; of plaintiffs, 483; of defendants, 484; of parties liable on same contract, 484; of executors and administrators, 638; orders as to joinder of parties appealable, 688. See Misjoinder, Multifariousness. Joint contractor, acknowledgment or payment by, 971. See Principal and Surety.
Joint creditors, disability of one, 963. Joint decree-holders, application for execution by one of several, 551. Joint family property, limitation for suit to enforce right to share in, 992; court-fee, 1014.
Joint owner, limitation of suit by, for
contribution, 988, 989.
Joint Sessions Judges, 66; sentence by, 72; cases triable by, 132; appeal from, 209; has no power under c. 32 of Cr. Pr. Code, 214, note 3. Joint trial, 151; of E. B. subject and
Native, 222-223: of European or American with one of another race, 225.
Journey, offence committed on a, 128. Judge, suspension and removal of, 71; prosecution of, 135; duty of, in trial by jury, 169; may question jury, 171; exempt from serving as juror, 177; may close court, 189; when he may try certain offences committed before himself, 235; trial by interested, 391; defined, 467; may deal with evidence taken by predecessor, 537, 1146; when exempt from arrest, 709; his power to recall and examine witnesses, 833, 1146; cross-examination of, 837; examina- tion and privilege of, 918; decides as to admissibility, 923. See Arrest, Chief Justice, Court, Justices of the peace, Sanction.
Judgment, in summary trials, 160; mode of delivering, 194; language
and contents of, 160, 194; in alter- native, 195; of acquittal, 195; not to be altered or reviewed, 195; ex- planation and translation of, 196; ap- peal from, 207-214; accused need not hear appellate court's, 212; on ground of lunacy, 228; of Presidency magis- trate, 195; of High Court on appeal, 212; in civil suit, 409; in appeal, 433; defined, 467; after agreement as to questions stated, 527; at first hearing, 527; when pronounced, 539; written by judge's predecessor, 540; language of, 540; translation of, 540; date and signature of, 540; contents of, 540; not to be altered or added to, 540; to direct by whom costs to be paid, 546; according to award, 664; in appeal, 683; lan- guage of, 683; translation of, 683; contents of, 684; of Bench, 684; of High Court, how recorded, 707; in rem, 829, 880, note 6; obtained by fraud or collusion, 829; relevancy of previous, 879; limitation for suit upon, 992; of High Court, original side, application to enforce, 1005; court-fee on copy or translation of, 1031. See Appeal, Death, Foreign judgment, Judicial officers, Res judi- cata, Sentence. Judgment-creditor. See Decree-holder, Execution.
Judgment-debt, agreement for satis- faction of, 562; attachment of, 573; due to Government, 632, note 2. Judgment-debtor, defined, 467; agree- ment to give time to, 562; when he cannot transfer his immoveable pro- perty without collector's permission, 596; arrest of, 601; release of, on payment, 601; to be brought before the court, 602; allowance for sub- sistence of, 603; discharge from gaol of, 603, 1139; imprisonment of, 604; application by creditor of in- solvent, 1000; may show cause against imprisonment, 1137, 1138. Judicial Commissioner of Burma, 129. Judicial Committee, principles on which it deals with Indian appeals, 436; rules made by, 699. See Queen in Council.
Judicial notice, 830, 887-889; that foreign state has not been recognised, 636.
Judicial officers, exempt from arrest under civil process, 709; act for protection of, 1149. See Judge, Public officers.
Judicial proceeding, defined, 62 ; offences
in course of, 231; include proceed- ings under Registration Act, 1132. See Revision.
Juice in trees, 1104. Jurisdiction, in urgent cases of nuisance, III; in inquiries and trials, 120- 135; where place of offence uncer- tain, 128; where doubt, as to court, 129; over offences, enactments con- ferring, 255; of civil courts, 390- 394; error affecting, 685: revision of orders beyond, 701; failure to exercise, 701; exclusion of time of proceeding in court without, 966. See Cause of action, European British subjects, Continuing offence, Extra- dition, Journey, Presidency magis- trates, Process, Sanction, Security, Subordinate magistrates. Jurors, number of, 2, 162; chosen by lot, 162; objection to, 163; foreman of, 164, 171; swearing of, 164, 938; absence or incapacity of, 164, 165; discharge of, 165; examination of, 167; for High Court, 174-176; com- mon and special, 175; for Court of Session, 176-180; exemption from serving as, 176, 177; revision of list of, 178; summoning of, 178, 179; excusing attendance of, 179; penalty for non-attendance of, 180; further inquiry not in presence of, 197, 199, 213.
Jury, in cases relating to public nuisances, 109; trials when to be by, 160, 161; number of, 162, 376; for trial of persons not Europeans or Americans, 162; view by, 167; locking up, 167; charge to, 168; duty of, 170; verdict of, 171; dis- charge of, 165, 171; disagreement of Sessions Judge with verdict of, 172; retrial after verdict of, 172; appeal in case of trial by, 210; offences tri- able by, 161, 374, 375; number of, 376, 377; none in civil cases, 839; questions which may be put by, 934. See Foreman, Verdict.
'Justice, equity and good conscience,' 1159. Justice, offences affecting administration
of, 231-235; transfer of cases in in- terests of, 251, 253; failure of, 257. Justice of the peace, 69, 70, 71; trial
of E. B. subject by, 219. See Magis- trate of the first class.
Juvenile offenders, whipping of, 210; confinement of, 203.
Kabúliyat, 1104.
Kánom mortgages, 997, note 3.
Káraṇavan sues and is sued as repre- senting tarawáḍ, 485, note 3. Kashmir, 373.
Knowledge, relevancy of facts showing, 862.
Knowledge of magistrates, cognisance of offence upon, 131. Kuláchár (family usage), presumption as to, 836; evidence of, 861, cl. (7). Labourers, exemption of wages of, 569. Lá-khiráj suits, 381, note 2. Land, duty of owners or occupiers of, 77; disputes as to, 112; suits for, 477, 478; court-fee in suits for pos- session of, 1015; application to serve notice of relinquishment of, 1021. See Agent, Ejectment, Immoveable property, Landholder, Landlord, Landmark, Land-revenue, Occu- pancy.
Landholder, to report certain matters to police, 77; warrant of arrest di- rected to, 86; saving of laws relat- ing to suits between tenant or agent and, 470.
Landlord, his suit to recover possession, 994; and tenant, forms of plaint in suits between, 723, 724, 742, 748, 753; burden of proving non-exist- ence of relation of, 912; court-fee in suits between, 1017. See Arrears, Rent, Trees.
Landmark, prevention of removal or injury of, 115.
Land-owner. See Landholder. Land-revenue, court-fee in suit for in- terest of assignee of, 1016. Language, of charge, 143; of record and judgment in summary trials, 160; of record of evidence, 190; understood by accused, interpretation of evidence into, 192; of judgment in criminal case, 194; of courts, 263, 493, 536, 540, 577, 710; of plaint, 493; of depositions, 536; of judg- ment in civil case, 540; of procla mation of execution-sale, 577; of subordinate courts, 710; registra- tion of documents in foreign, 1110. See Abusive language, Ambiguous language, Defective, English, Juror, Interpretation, Mother-tongue,Trans- lation.
Law, criminal appeal on matter of, 210; reference of question of, 214; reserving question of, 215; second appeal on ground of, 687. See Laws.
Lawful authority, contempts of, 133. Law-reports, admissibility of foreign,
879; presumption of genuineness of, 899.
Laws, judicial notice of, 887. Leading questions, 837, 925, 926. Lease, defined, 1052, 1104; stamp on, 1086, 1087; when exempted, 1096; compulsory registration of, 1108; optional registration of, 1110. See Agreement, Counterpart, Land- lord, Surrender, Tenant, Transfer, Writing.
Legacy, limitation of suit for, 992. Legal advisers, confidential communica- See Witness.
tions with, 921. Legal character, relevancy of judgment relating to, 880.
Legal disabilities, 962.
Legal practitioners, privilege of, 921. See Advocate, Attorney, Barrister, Mukhtar, Pleader, Vakíl. Legal representative, suit by, 494; applying for execution, 551 of de- ceased joint decree-holder, 551; of deceased judgment-debtor, 552; exe- cution of decree for money against, 561; of deceased plaintiff, 615; dis- ability of, 962. See Administrator, Certificate, Executor, Heir. Legislative councils, proof of proceed- ings of, 896, 897.
Legitimacy, presumption of, 831; con- clusive proof of, 912.
Lessor. See Landlord, Lease, Trees. Letter, substituted for summons, 506; production of, 92; written without prejudice, 850, note 3; of allotment of shares, stamp on, 1088; of credit, 1088; of license, 1088; of hypothe- cation, 1096; of acceptance, 1165. See Post office.
Letters of administration, when ex- empted from court-fee, 1021: relief as to court-fee paid thereon, 1022, 1023; penalty where too low a court- fee has been paid on, 1024; court- fee on, 1033.
Levy, of costs in case of dispute as to immoveable property, 114; of fine, 200; of amount due on bond to appear, 248.
Lex fori, governs the law of evidence,
821; limitation-law is part of, 954. Libel, suit for, not by pauper, 628; limitation for, 980. See Defama- tion.
Libellous matter, destruction of, 249. Licensee, estoppel of, 916.
Lien, execution-sale of moveables sub- ject to, 584; commissioners to make partition have no, 627, note 1; for unpaid purchase money, suit to en-
force, 990. See Charge, Incumbrance, Mortgage.
Life, order restraining acts dangerous to human, 111.
Light, acquisition of easement of, 973. See Easement, Prescription. Lights under Registration Act, 1104. Limitation for prosecutions, 15, 16; as to sanction to prosecute, 134; for suits, 960, 976-997; for appeals, 960, 997, 998; for applications, 960, 998– 1005; periods excluded in computing, 965-968; computation of period of, 965-973. See Absence, Acknow- ledgment, Appeal, Calendar, Con- tinuous running, Death, Delay, Disability, Exclusion, Express trus- tees, Foreign law, Fraud, Injunction, Interest, Part-payment, Prescription, Receipt.
Limitation Act, Indian, 957-1005; in- troduction to, 940-954; contents of, 955, 956.
Limitation-law, grounds of exemption from, 495.
Lis alibi pendens, plea of, 392, 474. Lis pendens, effect of, 1166. List of witnesses for defence, 140; of jurors and assessors, 177, 178, 179; of plaintiff's documentary evidence, 499. Literary societies, suits by and against, 425.
Literature, proof of matter of, 889. Lithographs, 62, 891.
Live stock, regarding which offence committed, 248; maintenance of at- tached, 571, 572.
Loans, limitation of suits for, 983; in- struments securing repayment of, 1085; to Government, tenders for, 1095.
Local area, criminal proceedings in wrong, 255-
Local authority, exemption of salary of servants of, 1148.
Local enquiry, in case of dispute as to immoveable property, 114. See Commission.
Local expressions, 907. Local Government, may empower benches of magistrates to try sum- marily, 158; may order trial before Court of Session to be by jury, 161; and fix number of jurors, 162; and exempt from serving as jurors, 177; may determine language of record of evidence, 190, 191; may commute sentences, 205 may direct public prosecutor to appeal against ac- quittal, 210 may appoint public
prosecutors, 239; may authorise District Magistrate to withdraw classes of cases, 253; may appoint place of imprisonment, 258; may determine language of courts, 263; included in 'Government,' 469; may declare who shall be recognised agents' in the Panjab, etc., 488; may make rules as to attached live-stock, 571; may transfer to collector execu- tion of decrees for sale of land, 590; may make special rules as to sales of land in execution of decrees, 597; may invest subordinate courts with insolvency jurisdiction, 611; decree against government or government officer, to be reported to, 634; may require evidence to be recorded in English, 1146. For other powers under the Crim. Proc. Code, see 63, 65, 66, 67, 68, 70, 71, 72, 75, III, 112, 117, 124, 131, 132, 135, 136, 141, 159, 160, 175, 180, 203, 204, 211, 215, 227, 230, 240, 259. For other powers under the Civil Proce- dure Code, see 507, 539, 591, 601, 602, 671, 672, 709, 710.
Local investigation, 422; directed by magistrate, 136, 137; in case of cognisable offence, 117; commission to make, 624.
Local jurisdiction, for offence com- mitted beyond, 129.
Local laws, saved, 59, 470, 850, 962; trial of offences under, 71. Local limits of jurisdiction of magis- trates, 66; service of summons out- side, 85; institution of suit within, 478; appearance of party resident within, 501; service on manager of partnership within, 502. Locking-up jury, 167. Lodging-house-keeper, limitation of suit by, 977.
London Gazette, proclamations, etc. proveable by, 897; presumption as to, 898.
Lord's Day Act, repeal of, 601, note 3. Loss of instrument sent to collector, 1067.
Lost negotiable instruments, suits on, 398; document, secondary evidence of, 892.
Lot, jurors chosen by, 162. Lottery, prosecution for keeping 135, 1169.
Lunacy, judgment of acquittal on ground of, 228.
Lunatic, 28; compounding offence against, 186; before magistrate, 226; before Court of session or High
Court, 227; release of, 227; resump- tion of trial of, 227, 228; custody of, 227; prisoner, 229; discharge of, 230; delivery of, 230; removal of, 230; witness, 406; suits by and against, 426, 644; when he may testify, 917; disability of, 962; com- mittee etc. of, 1104; executant, 1116. See Insanity, Unsound mind. Lunatic asylum, confinement in, 227,
Lurking within jurisdiction, 99.
Machinery, enquiry into death caused by, 124.
Magistrate, appointment of, 66; sub- ordination of, 68, 215; suspension and removal of, 71; offences tri- able by, 71, 72; sentences which may be passed by, 72, 73, 74; may demand aid of private person, 76; may arrest person committing offence in his presence, 83: may disperse unlawful assembly, 105; may record statements and confessions, 119; may authorise detention of accused for more than 24 hours, 121: ordin- ary powers of provincial, 74, 342, 343; additional powers, 75, 344- 346; over E. B. subjects, 219; con- fession made in presence of, 871; as to what he may be examined, 918. See Aid, Arrest, Bail, Bench, Can- tonment magistrate, Cognisance, Complaint, Commitment, Conviction, E. B. Subject, Inquest, Irregularities, Oath, Power of attorney, Presidency magistrate, Removal, Searchwarrant, Special magistrate, Subdivisional magistrate, Trial, Warrant of arrest, Whipping, Witness.
Magistrate of the District. See Dis- trict Magistrate.
Magistrate of the first class, juris- diction of, 71; sentence by, 72; ordinary powers of, 74, 342; addi- tional powers, 75, 343; in case of E.B. subjects, 219; appeal from convictions by, 208. See Justice of the peace. Magistrate of the second class, juris- diction of, 71; sentence by, 73; ordinary powers of, 74, 342; addi- tional powers, 75, 345; submission of case by, 187. See Appeal. Magistrate of the third class, juris- diction of, 71; sentence by, 73; ordinary powers of, 74, 342; addi- tional powers, 75, 345; submission of case by, 187. See Appeal. Magistrate of police. See Presidency magistrate.
Maintenance, of wives and children, 29, 235 exemption of right to future, 569; of attached livestock, 571, 572; of judgment-debtor's family, 595; limitation for suit for arrears of, 993; or declaration of right to, 993; court-fee in suits for, 1014.
Majority, election where minor plaintiff attains, 641.
Majority Act, 640.
Malfeasance, suit for, 981.
Malicious prosecution, suit for, 980. Málikána, suit to enforce payment of, 993. See Allowance.
Manager, of Hindú family, 494, note 3, 970, note 4; of undivided family, his suit for contribution, 989. See Agent, Attachment, Collector, Receiver. Maps and charts, 829; statements
made in, 878; presumption as to, 899, 900; registration of document containing, IIII; exempt from Re- gistration Act, 1134. Marine insurance, 1165.
Market-value, power to ascertain, 1017. Marriage, prosecution for offences
against, 135; of party to suit, 420, 616; proof of, 885, note 3; com- munications during, 918. See Abate- ment, Adultery, Bigamy, Conjugal rights, Divorce, Dower, Enticing, Husband, Legitimacy, Married wo- man, Matrimonial court, Relation- ship, Widow, Wife.
Married person, privilege of, 918, 919. Married woman, prosecution for entic-
ing, 135; maintenance of, 235; not appointed guardian ad litem, 657. See Dower.
Marine courts, 850, note I.
Master and servant, forms of plaint in
suits between, 722, 723, 739. See Criminal breach of contract of service, Servant, Wages.
Master of ship, service of summons on, 503. See Protest. Material, error in charge, 146, 147; evidence, 403, 834, 890; irregularity, 587, note 5; objects producible as evi- dence, 524, 689, 890; particulars, 913. Matrimonial court, relevancy of judg ment of, 880. Maxims, legal, 392. Maximum punishment, 74. Meaning of words or terms, opinions as
to, 884; of illegible characters, etc., evidence to show, 907. Measures, inspection of, 115. Mechanical processes, copies made by, 891.
Medical officer, his certificate as to fitness to undergo whipping, 201; exempt from serving as juror, 177; examination of lunatic by, 226. See Civil surgeon.
Medical practitioners. See Civil sur- geon.
Medical witness, deposition of, 245; court may summon, 245. See Ex- perts.
'Member of family,' 503. Memorandum, appended to record of confession, 119; when evidence not taken down by magistrate or judge, 190, 193; when witness desires correctness of deposition, 191; of deposition, 407; when evidence not taken down by civil judge, 536; of evidence in unappealable cases, 537; of appeal, 674; rejection or amend- ment of, 674; registration of, 676; made in course of business, 874; fixed court fee on, 1040, 1041; of agree- ment, stamp on, 1078, 1095; of as- sociation of a company, stamp on, 1088. See Error.
Memory. See Diary, Refreshing me- mory.
Mercantile usage, evidence of, 861, note 7.
Merchandise, removal of noxious, 108. Merger, of torts in felony, 392; of se- curities, 1164.
Mesne profits, claim for, joined with suit for land, 491; amount to be stated approximately, 494; defined, 543; decree for, 543; inquiry as to, 543; determination of questions as to, 556; enforcement of decree for, 561; local investigation to ascertain, 624; court-fee in suit for, 1018. Military authorities. See Commanding officer.
Military bázárs, petty offences in, 60; execution of process in, 645; decora- tions, pawning, 1165; force, unlaw- ful assemblies dispersed by, 105, 106; jurors, 176; men, suits by and against, 426,644, 645; pay and allow- ances of Native, 569. See Army, Articles of war, Attachment, Au- thority, Cantonment, Commissioned Officer, Court martial, Garrison, Pay, Service.
Military station, 645.
Ministers of religion, exempt from
serving as jurors, 177.
Minor, execution of bond by sureties for, 102; objection to juror on ground of being, 163: compound- ing offence against, 186; suits by
« EelmineJätka » |