Abandonment of part of claim, p. 618.
See Omission, Relinquishment. Abatement, of criminal appeals, 26, 214; of suit, when not caused by death of party, 613; where no appli- cation by representative of deceased plaintiff, 614; not caused by marriage of female party, 616; when not by bankruptcy or insolvency, 617; bars fresh suit, 617; application to set aside order for, 617, 1000; appeal from order as to, 689. Abducted females, power to compel restoration of, 261. Abduction, prosecution for, 135. Abetment, jurisdiction to try, 127; when triable summarily, 158; when compoundable, 186; of offence under Registration Act, 1131. Absconder, attachment of property of,
89. See Arrest, Proclamation, Re- ceiver, Restoration, Sale, Warrant. Absconding, accused person, proclama- tion for, 88; warrant to arrest, 91; evidence in absence of, 246; witness, 88-91, 406, 531, 534, 689. See De- position.
Absence of complainant, 153, 157; of juror, 164; of assessor, 165; of ac- cused, trial in, 246; of witness, 623 (see Commission); from British India, exclusion of defendant's, 966; of registrar, 1106; of sub-registrar, 1107.
Abstention from criminal proceedings, 1166.
Abusive language, suit for, 628. Acceptance, letter of, 1166. Acceptor of bill, estoppel of, 916. Accession of sovereign, judicial notice of, 888.
Accessory before and after fact, 377, 378.
Accident, inquiry into death caused by,
124, 866; evidence on question as to, 866; instrument unduly stamped by, 1066.
Accommodation bill, 986.
Accomplice, tender of pardon to, 181; effect of confession by, 872; pre- sumption as to, 913; a competent witness against accused, 923; cor- roboration of, 913, and note I. Account between principal and agent,
545. Account-books, production of, 499, 1145; exempt from attachment, 568; entries in, when relevant, 877. Account stated, limitation for suit on, 984. Accounts, commissions to examine, 422, 625; orders to take, 467, 543, 545, 778, 781; suits for, 494, 543, 545; of representative of deceased judg- ment-debtor, 553; of receiver, 659; limitation for suits for, 987; court- fee in suits for, 1014. Accusatory system, 35. Accused, his right to be defended, 183;
when unable to understand proceed- ings, 183; when he may be examined, 183; detention of, 188; oath not administered to, 938; recording ex- amination of, 193. See Abatement, Absconding, Acquittal, Adjournment, Application, Arrest, Attendance, Bond, Commitment, Confession, Con- viction, Custody, Death, Defence, Detention, Discharge, Evidence, Ex- amination, Illness, Judgment, Lu- natic, Plea, Police, Release, Remand, Retrial, Statement, Summons, War- rant, Witness.
Acknowledgement in writing, of receipt of goods, etc., 874; effect of, on limita- tion, 969, 970, 1173; of debt, stamp on, 1078; of service of summons, 84, 503; of receipt of copy of objection, 1154. See Receipt. Acquisition of ownership by possession, 973-975.
Acquittal, on trial of summons case, 153; on trial of warrant case, 157; appeal from judgment of, 25, 210, 998; by High Court of persons sen- tenced to death by court of session.
197; transaction amounting to, 206, note I; arrest of accused on appeal from, 213; proof of previous, 245. See Appeal, Arrest, Compensation, Compounding, Discharge, Entry, Lu- nacy, Non-appearance, Previous ac- quittal, Verdict, Withdrawal. Action.
Acts, of executive government, proof of, 896; judicial notice of legislative, 887; statements in recitals contained in, 879; proof of legislative, 896; of State, 391.
'Addition,' defined, 1104, 1159. Addition, of plaintiff, 484; of parties, 485; of issues, 526.
Additional evidence where sentence
of death passed by Court of Ses- sion, 197; in appellate court, 682, 683.
Additional powers of magistrates, 74, 75, 344-6.
Additional Sessions Judges, 66; appeal from, 209; cases triable by, 132; sentence by, 72.
Adhesive stamps, 1056; failure to can- cel, 1075.
Adjourned sitting, jurors and assessors to attend at, 167.
Adjournment of trial in case of new or altered charge, 146; of trial of sum- mons case, 153; attendance of jury
assessors after, 167; of enquiry or trial for attendance of witness, 184; for return of commission, 245; on application for transfer of crimi- nal case, 252; of suit at first hearing, 507, 509; failure to appear after, 508, 529; on pleader refusing to an- swer, 515; for production of evi- dence, 528; of hearing of suit, 405, 528, 529; costs of, 529; reasons for, 529; of execution-sale, 579, and note 5; of hearing of appeal, 679. See Postponement.
Adjudication as to stamps, 1061. Adjustment of decree, 563, 1148; of
suit, 618, 619. See Compromise, Withdrawal.
Administration of justice, procedure in case of offences affecting, 231-235. Administration of oath of declarant, 539.
Administration-bond, court-fee on, 1040; stamp on, 1078. Administration suit, 543, 544; forms of plaint in, 757-759; forms of decree in, 778-780.
Administrator, suits by and against, 425, 638, 979; may sue as a pauper, 628, note 2.
commission, 244; of deposition of civil surgeon and of report of chemical ex- aminer, 245; of evidence taken in absence of accused, 246; relaxation of rules as to, 833; not defined in Evidence Act, 858, note 4; judge to decide on, 923.
Admission, to police, 118; in summons case, 152; to bail, 241; of docu- ments, 402, 523; by defendant, 509; of genuineness of document, 518; of appeal to Queen in Council, 695 ; of affidavits as evidence, 712; defined, 867; by party or his agent, 867; by suitor in representative character, 867; by partner or co-contractor, 867, note 4; by party interested in subject-matter, 868; by person from whom party has derived inter- est, 868; by persons whose position must be proved as against party to suit, 868; by persons expressly refer- red to by party to suit, 868; proof of, 868, 869; made upon condition or under agreement, 870; may estop, 873; of existence, condition, or con- tents of document, 870, 892; of ex- ecution by party to attested docu- ment, 894; of execution, 1116; of receipt, endorsement of, 1123; of in- strument not duly stamped, 1064. See Confession, Estoppel, Statement. Adoption, presumption as to, 836; statements as to, 874, 875; suit for declaration as to, 991; court-fee on plaint etc. in suit to set aside, 1041. See Authority.
Adoption-deed, stamp on, 1078. Adult male member of family, service on, 84.
Adultery, prosecution for, 135; com- poundable, 185; disentitles wife to maintenance, 236.
Advantage under void agreement, 1167. Adverse possession, 995, note 9. Advertisement, of institution of suit, 485; stamp on receipt by, 1053. Advocate, included in pleader,' 63; may act without written authority, 489; judicial notice of, 888; stamp on entry of, 1084; instructions to,
1172. See Barrister Legal Prac- titioner, Pleader. Advocate-general, defined, 62; may stay prosecution, 180; may conduct pro- secution, 240; may apply for transfer of criminal case, 252; may exhibit informations, 380; may enter nolle prosequi, 380; may institute or con- sent to suits relating to public charities, 672. See Government ad-
Affairs of state, evidence as to, 919. Affidavits, to prove service of summons outside jurisdiction, 85; on applying for transfer of criminal cases, 252; under Cr. P. Code, swearing of, 257; in civil suits, 408, 409; in answer to interrogatories, 518; in case of ap- plications to inspect documents, 520; to send for record, 522; to issue com- mission, 622; to appoint guardian ad litem or next friend, 641, 642; to dis- miss minor's suit, 641, 642; to arrest or attach before judgment, 649, 651; power to order fact to be proved by, 538; cross-examination upon, 539; to what matters confined, 539; costs of, 539; rules as to admission of, 712; Indian law as to, 833, 834; collector may call for, 1062; stamp on, 1078; when exempt from stamp duty, 1095. See Oath. Affirmations, before whom made, 257;
of witnesses, 408; authority to administer, 937; by natives or per- sons objecting to oaths, 938; forms of, 938; administration of, 939; refusal to make, 939; omission to make, 939. See Affidavit, Oath. Affray, public to aid in suppressing, 76; temporary injunction in case of, 111. Age of juror, 163.
Agent, of land-owner, to give informa- tion, 77; of accused cannot call for police diary, 123; his right to compel principal to interplead, 427; to re- ceive process, 488, 489; service on, 502, 503; of government, service through, 506; suit for account between principal and, 545; interpleader-suit by, 647; estoppel of, 836; admissions of, 841, 867, note 4; limitation for suits by principal against, 987; stamp on note of purchase of goods sent by, 1089; of Prince or Chief, 1153. See Mukhtár, Pleader, Political agent, Principal, Proxy, Recognised agent. Aggregate sentences, 74. Agreement to refer to arbitration, 430, 665; on statement of question in form of issue, 526; to give time to
judgment-debtor, 562; for satisfaction of judgment-debt, 562; stating case for Court's opinion, 667, 668; court- fee, 1039; to admit facts at hearing, 889; varying terms of document, 908; stamp on, 1078, 1079; to lease, registration of, 1104, 1108. Agriculturists, 568; Loans Act, 1109. Aid, to magistrates, police, etc., 76. Air, acquisition of easement of, 973- Akalkot, 373, 810, 850.
Alienage, objection to juror for, 163. Alienation, after attachment, 575; in- stead of execution-sale, 585; by collector, 591, 593; by judgment debtor, 596; by pauper, 629; by Hindú or Muhammadan female, 992. See Ancestral property, Assignment, Conveyance, Injunction, Transfer. Aliens, suits by, 424, 635. Allegations, from which issues may be framed, 525.
Allowance, for subsistence of judgment- debtor, 603; omission to pay, 604; for spoiled stamps, 1070; for misused stamps, 1072. Allowances of sepoys, exempt from attachment, 569; exempt from exe- cution, 1148.
Alteration of charge, 146; of judgment, 195; in allowance to wife or child, 237; of decree, 410; of decree of Court making reference, 701; of instrument produced in evidence, 835; presumption as to, 900, note 5, 1164.
Alternative charge, 150; judgment, 195. Ambassador, suit against, 636, 1152. Ambiguous language, 906. Amendment of charge, 146; of verdict, 171; of record, 218; of plaint where defendant added, 487; of plaint, 493, 496, 1143; of written statements, 514; of issues, 526; of decree, 541; of application for execution of decree, 557; of memorandum of appeal, 674.
Amendments of Criminal Procedure Code, 36; of Civil Procedure Code, 440, 1136-1158; of Evidence Act, 821; of Limitation Acts, 946–951, 1158; of Registration Act, 1157- Americans, jury for trial of, 225, 226; criminal proceedings against, 27, 219-226. Ámíns, 422, 423, note 3.
Amount of bail-bond, 241.
Analysis. See Chemical examiner. Ancestral property, suit to set aside Hindú father's alienation of, 992.
Animal, inquiry into death caused by, 124; provision for maintaining, 1168. See Bull.
Annuities, plaint in suit on bond for,
726; court-fee in suits for, 1014; stamp on instrument securing, 1059. Annulment of conviction by Sessions Court, 197; of execution-sale, 587,588. Answer to police-officer making in- vestigation, 118; of jury to Judge's questions, 171; of accused, 364; summons to appear and, 500; pleader's refusal or inability to, 515; to interrogatories, 518, 521; on be- half of Government, 633. Apology, discharge of offender making, 233, 234.
Apparel, exempt from attachment, 568. Appeal, limitation for criminal, 25; by person sentenced to death by Sessions Judge, 196; from judg- ment of criminal court, 23, 24, 25, 207; from order requiring security for good behaviour, 207; from order rejecting application for delivery of property, 207; grounds of, 210; petition of, 210; summary rejection of, 211; notice of, 211; powers of appellate court in disposing of, 211; from conviction in contempt case, 234; from orders on forfeiture of bond, 247; on subject of costs, 410, 411; from order awarding costs, 546; memorandum of, 674 ; by one of several plaintiffs or defendants, 674, 675; from original decrees, 432, 673- 687; from decrees on award of arbi- trators, 665; when included in 'suit,' 686, 1155; from original decrees ex parte, 1153; dismissal of, 1154; from orders generally, 688-690, 1173; from orders in execution of decree of another court, 549; from orders as to claims to share proceeds of im- moveable property, 593; from orders admitting review of judgment, 705; by paupers, 691; to Queen in Council, 692-699; from vice-admiralty courts, 699, note 2; form of decree on, 807; limitation for, to District Judge, 998; to High Court, 998; from sentence of death by Sessions Judge, 997; included in 'suit,' 1155. See De- fault, Delay, Dismissal, European British subject, Execution, Memor. andum of appeal, Pauper, Security. Appearance, process to compel, 84-91; before Sessions Court or High Court, 141; before court of revision, 218; of parties, 399, 507; of one party for another, 487; summons requiring,
500; in person, 501, 506; time for, 505; dismissal of suit for want of, 508; by plaintiff only, 508, 509; by defendant after adjournment, 509; in person, exemption of public officers from, 634; of appellant and respondent, 678, 679; women when exempt from personal, 709; power to exempt from, 709; before registering officer, 1115; of executants and witnesses, enforcement of, 1117. See Attendance, Ex parte, Witness. Appellant, entitled to hearing, 211; notice of appeal to be given to, 211; release of, on bail, 213; abatement on death of, 214; confined to grounds set out in his memorandum, 674; his right to begin and reply, 678; when included in 'plaintiff,' 686, 1155. See Appeal, Bail, Notice.
Appellate court, criminal, its powers in disposing of appeals, 211; judgment of subordinate, 212; may take ad- ditional evidence, 213; finality of its orders, 214; may modify, etc. order for disposal of property, 249; may award compensation out of fine, 259; transfer of suits by civil, 481; powers and duties of, 674-686; transmission of papers to, 677; execution of decree of, 687. See Acquittal, Decree, Judgment, Revision.
Appellate decrees, appeals from, 687, 688.
Application of language, evidence as to, 907.
Application for appointment of jury in nuisance-cases, 108; by E. B. sub- ject unlawfully detained, 224; for issue of commission, 244; for transfer of criminal case, 252; for execution, 411; for stay of proceedings, 481; to civil courts, 487; to confine suit, 492; for order to answer inter- rogatory, 518; for order to inspect documents, 520; to send for records, 522; for summons to witness, 529; to take evidence de bene esse, 538; for transmission and decree, 547; for execution, 550; for execution, con- tents of, 553; by joint decree-holder, 551; by transferee of decree, 551; for attachment of property, 554; for stay of execution, 555; for immediate execution, 562; in case of payment or adjustment of decree, 563; by purchaser to set aside sale, 588; by person dispossessed and disputing right of decree-holder, 599; for de- claration of insolvency, 605; signa- ture and verification of, 606; service
of copy of, 606; by unscheduled creditors, 609; to set aside abate- ment or dismissal, 617; for with- drawal of suit, 618; for commission to examine witnesses, 622; for leave to sue as a pauper, 628, 629, 630; on behalf of minor, 639; for appoint- ment of new next friend, 641; for appointment of guardian ad litem, 642; before judgment for attachment, 651; to discharge etc. order for in- junction, 655; for interlocutory order, 657; for order of reference, 660; to file agreement to refer to arbitration, 665; to file award, 666; for leave to appeal to Queen in Council, 693, 694; for review of judgment, 703, 704, 705; to whom made, 704; form of, 704; when rejected, 704; when granted, 704; court-fee on, 1031; fixed court-fee on, 1037, 1038; for probate, 1165; when exempted from court fee, 1021, 1022. Applications, to which Limitation Act does not apply, 957; limitation for, 998-1005; under Civil Procedure Code, secs. 365, 366, 368, 371, Limitation Act, sec. 5, extended to, 1150. See Affidavits, Costs, Delay, Pauper.
Appointment of sessions judges, etc., 66; of public prosecutor, 239; of recognised agent, 488; of pleader, 489; of agent to receive process, 489; of commissioner, 622, 625, 626; of persons to prosecute or defend on be- half of princes and chiefs, 636, 1151; of receiver, 658, 659; of arbitrator, 660; of umpire, 661; in execution of power, stamp on, 1079. Apportionment of costs, 546. Appraisement, stamp on, 1079; when exempt, 1095.
Apprehension. See Arrest. Apprenticeship, 1096; stamp on instru- ment of, 1079, 1085; when exempt, 1096.
Approver. See Accomplice. Arbitration, reference to, 660-667;
costs of, 663: agreement to refer difference to, 665; appeal from order superseding, 690; forms of order of reference to, 805. See Arbitrator, Award, Umpire.
Arbitrator, powers of, 662; privilege of, 831. See Award, Umpire. Argumentative written statements, 514. Arms Act, offences against, 129. Army, arrest of deserters from, 81; ex- emption of persons belonging to, from serving as jurors, 177. See Articles
of war, Cantonment, Commissioned officer, Garrison, Military. Arrangement of Code of Criminal Pro-
cedure, 4, 5; of Code of Civil Proce- dure, 387; of Evidence Act, 818. Arrears of maintenance, court-fee on suits for, 1014.
Arrest, 7, 8; aid in making, 76; how made, 78; without warrant, 80-83; to prevent cognisable offences, 115; of accused on appeal from acquittal, 213; when bail insufficient, 242; of judgment-debtors, 417, 601, 602, 1138; before judgment, 427; for dis- obeying summons to give evidence or produce document, 533; for re- sisting execution, 598: exemption from, 634, 636, 709, 1137; in can- tonment, garrison, etc., 645; com- pensation for improper, 653; of women, 709, 1137; of person outside local limits of civil court, 712. Army, Custody, Death, Detention, Escape, Police, Release, Report, Re- sistance, Search, Warrant of arrest, Women, Zanáná,
Articles of association, stamp on, 1079. Articles of clerkship, stamp on, 1079. Articles of war, judicial notice of, 887. Artisans, exemption of tools of, 568. 'As of right,' 976, note 6. Assault, suit for, 628.
Assessment of rent-free land, suit for, 993.
Assessors in trials before session court,
161; how chosen, 165; illness of 165; view by, 167; examination of, 167; attendance of, 167; penalty for non-attendance of, 180; delivery of opinions of, 173, liability to serve as, 176; lists of, 177, 178, 179; sum- mons to, 178, 179; trial by jury of offence triable with, 256; questions which may be put by, 934; in causes of salvage, towage, or collision, 711. Assignee, of plaintiff neglecting etc. to continue suit, 617; of trust property, limitation for suits against, 993, 994; may present document for re- gistration, II14. See Official as- signee, Transferee.
Assignment of decree, 551; of interest pending suit, 617, 1172; stamp on, 1079; of copyright, 1095. See Alien- ation, Conveyance, Transfer. Assistant Chemical Examiner, report of, 245.
Assistant Commissioners, 72. Assistant Sessions Judges, appointment of, 66; subordination of, 68; sentence by, 72; cases triable by, 133; con-
« 上一頁繼續 » |