firmation of sentence passed by, 198; appeal from, 208; jurisdiction over E. B. subjects, 229. Attached property, appeal from order refusing delivery of, 207. See Re- view.
Attachment, of moveable property, 8; of property of person absconding, 89; of immoveable property the subject of dispute, 113; of debts and shares, 413; before judgment, 427, 428, 651-653; of property of recusant witness, 531; in execution of decree, 412-414, 567-571; property not liable to, 568, 569; withdrawal of, 574; private alienation after, 575; claims to property under, 575, 576; release from, 576; in execution of decrees of several courts, 577; re- ceiver of property under, 658, 659; of property outside local limits of jurisdiction, 712; limitation for suit to set aside, 979; court-fee in suit to set aside, 1016; partial retention of, 1172. See Allowances, Apparel, Bedding, Books, Cattle, Coin, Cur- rency notes, Decree, Expectancy, Inventory, Maintenance, Negotiable instruments, Pay, Pensions, Perish- able property, Rights, Salary, Seed- grain, Wages, Zanánás.
Attempt, 1164; triable with main of-
fence, 151; when summarily triable,
158, 159; when compoundable, 186. Attendance of witnesses, police-officer's power to require, 118; in case of of- fences affecting administration of justice, 231; when dispensed with, 243; of accused when dispensed with, 138; of jurors and assessors, 167, 179, 180; to give evidence, 534; exemption from, 709; for cross-ex- amination of declarant, 539. Appearance, Default, Witness. Attestation of amendments of written statements, 515; of amendment of application for execution of decree, 557; presumption of, 900. Attested instruments, 830; proof of, 894, 895.
Attesting witness to instrument not
duly stamped, 1074, 1075. Attorney, included in 'pleader,' 63; of
High Court, 466, note 5; privilege of, 920; suit for costs by, 986; stamp on entry of, 1084. See Judicial notice, Solicitor. Attorney-General, 380.
Auction, execution-sales made by pub- lic, 577.
Auditor of railway company, 870, note 9.
Authentication of instrument not duly stamped, 1066; of power of attorney for registration, 1114; of register books, 1122.
Authority, to one party to appear for
another, 487; to adopt, 1110; regis- tration of, 1118; stamp on, 1079, 1086.
Autrefois acquit, plea of, 206, note 3. Award to be signed and filed in court, 663; when court may modify or cor- rect, 663; grounds for setting aside, 664; judgment according to, 664; appeal from order modifying, 690; form of plaint in suit on, 725; under Waste-land Act, limitation of suit to contest, 976; under certain Bengal regulations, suit to contest, 982; ap- plication to set aside, 998; applica- tion for filing in court of, 1001; court- fee on plaint etc. in suit to set aside, 1041; stamp on, 1079; when ex- empt 1095; not compulsorily regis- trable, 1109; appeal from decree purporting to be made in terms of, 1172. See Arbitration, Arbitrator, Umpire.
Bad character, when relevant, 886. Bad faith of judgment-debtor, 1138. Bad livelihood. See Arrest, Good behaviour, Habitual offenders.
Bail, 30; direction for endorsement on warrant of arrest, 85; taken by po- lice, 121 pending realisation of fine, 200 in case of criminal lunatic, 227; when taken, 240; by Presi- dency Magistrate, on reference, 214; by High Court on reserving case, 215; by Sessions Court or District Magistrates on reporting case for re- vision, 217; in contempt-cases, 231, 232, 233; not to be excessive, 241; admission to, 241; reduction of, 241; when insufficient, 242; appeal from and revision of orders as to, 247; for appearance of witness, 534; for appearance of party, 650. See Ad- journment, Arrest, Deposit, Dis- charge, Re-arrest, Release, Security, Sureties, Surrender.
Bailable offence defined, 63; taking bail in case of, 240, 241.
Bail-bond, 241; after arrest, form of, 347; when exempted from court-fee, 1021; court-fee on, 1039. See Bail,
Bailee may cause bailor to interplead,
427; estoppel of, 917. Balance, suit for, 987.
Bangalore, codes in force in, 373, 810, 849, note 2, 958, note 1, 1102, note I, 1050, note I. Banker, defined, 1050; receipts by, 1097.
Bankruptcy of plaintiff, 616, 617. Barrister, privilege of, 920. See Advo-
Bastard. See Illegitimate.
Bedding, exempt from execution, 1148. Benámí purchase, at execution-sale, 589; of land, presumption as to, 836.
Benámídár not a trustee for pur- poses of limitation, 960. Benches, of magistrates, 6, 67; may em- ploy clerk, 160; appeal from, 208, note 2; of presidency magistrates, 69; of appellate judges, 684, 685; appli- cation for review of judgment of, 705; summary trial by, 157, 158. Beneficiaries, 425; when made parties, 638. See Trustee.
Bhawalpur, 850, note; 958, note I. Bigamy, prosecution for, 135. Bill of exchange, parties to suit on, 484; presumption as to acceptance or en- dorsement of, 913; estoppel of ac- ceptor of, 916; limitation for suits on, 984, 985, 986; stamp on, 1035. See Agreement, Negotiable instrument, Protest.
Bill of lading, 1050; stamp on, 1081; when exempt, 1095, transfer by en- dorsement of, exempt, 1097. Birth during marriage, 912, 1163. Birth-place does not exempt from civil jurisdiction, 473.
Board and lodging, form of plaint in suit for, 724; limitation for suit for, 977. Bond for appearance before magistrate, 82; for appearance before court, 85; arrest on breach of, 91; for good be- haviour, 132, 246; for keeping peace, 102; cancellation of, 104, 254; of complainant and witnesses, 122, 141; discharge of, 124; of accused and sureties, 241; deposit instead of, 246; forfeiture of, 246-7; after arrest, form of, 347; defined, 259, 1051; stamp on, 1081; by whom payable, 1061; when exempt, 1095, 1096, See Bot- tomry bond, Respondentia bond. Bonds, 31; of complainants and wit- nesses, 141; forms of, 351; limitation for, suit on, 984, 985, 986. See Execution, Forfeiture, Instalment, Mortgage, Release, Surety, Transfer. Books, production of, 499; statements
forming parts of, 879; entries in,
523; of reference, Court may resort to, 889; containing foreign laws or law-reports, 899; kept under Regis- tration Act, 1107.
Bottomry bond, stamp on, 1081. Boundary-marks, expense of, 1168. Breach, of condition, suit for possession when plaintiff entitled by, 995; of contract, prosecution for, 135; injunc- tion to restrain, 654; suits for, 990, 991. Breach of the peace, 76, 100, 112, 113. See Insult.
Breach of promise, suit for, 984.
Breach of trust, place of trial in case of criminal, 128; suit for loss occasioned by, 988.
British colonies, 64; consul, 897; cur- rency, 698.
British empire, judicial notice of terri- tories forming, 888.
British India, jurisdiction as to offences committed out of, 130; defendant residing out of, 510; plaintiff re- siding out of, 621; witness residing out of, 623; courts situate out of, 624; defendant about to leave, 649, 650; appellant residing out of, 677 registration of documents executed out of, 1112.
British Resident, service through, 506. British subject committing offence out-
side British India, 139. See Euro- pean British subjects.
Broker, execution sale of bills and shares through, 583; stamp on note sent by, 1089.
Building, included in 'place,' 64; re- moval or repair of dangerous, 107. Bull, property in, 1163.
Buoy, prevention of removal, etc. of, 115.
Burden of proof, as to excuse for not giving information, 76; of status of E. B. subject, 223; of owner- ship, 835; generally, 909; as to par- ticular fact, 910; of fact to be proved to make other evidence ad- missible, 910; that case of accused comes within exceptions, 910; of facts specially within knowledge. 911; of death of person known to have lived within thirty years, 911; of existence of person who has not been heard of within seven years, 911; as to relation of partners, land- lord and tenant, principal and agent, 912; as to ownership, 912; of good faith in certain transactions, 912; of circumstances taking case out of Limitation Act, 960, note 7; of loss,
Call, suit for a, 990. Call-order, 477, note I. Calling for records, 215, 522.
Calls, 1097; from insolvent contribu- tories, 419, note. Camping-grounds, 108. Canal, injury to, 76. Cancellation of powers under Criminal Procedure Code, 75; of bond for keeping peace, 104-254; of order as to possession of land, 113; of order for maintenance of wife, 237; of decree of court making reference, 701; of instrument, suit for, 987; of court-fee stamp, 1028; of adhesive stamps, 1056.
Cantonment, 373, 810, 849, note 2, 958, note I, 1012, note 1, 1103, note 1, 1050; execution of process in, 645; may be declared district or sub-district, 1106. Cantonment magistrates, 67, n. 1, 1172. Capital sentence. See Execution.
Cargo. See Respondentia bond. Carrier, limitation for suits against, 980. See Bailee.
Case stated by parties, 667.
Caste, suits relating to, 473, note I; suit for loss of, 628; custom of, 1166. See Addition.
Cattle exempt from attachment, 568. Cause, order to show, 100; opportunity of showing, 216.
Cause of action, 483, 478, note 4, 491, 492, 493, 495, 944; where it arises in suits on contract, 1142. See Claim, Joinder, Limitation, Omission, Re- linquishment, Survival. Cause of death, 379.
Causing hurt, compoundable, 185. Caution, free statement not to be pre- vented by, 119; not necessary before examining the accused, 183. Caveat, court-fee on, 1040. Cepi corpus, 238.
Certificate, as to examination of accused, 193; of High Court's order for revision, 218; of High Court's judg- ment or order on appeal, 212; as to lunatic prisoners, 229; that decree has not been satisfied, 548; of pay- ment or adjustment of decree, 563; to judgment-debtor, 585; to pur- chaser of immoveable property, 589;
of heirship, 615; to collect debts, 615; as to value or fitness for appeal to Queen in Council, 694; of sale of land, form of, 791; of administration, relief as to court-fee paid thereon, 1022, 1023; penalty where too low a court-fee has been paid on, 1024; of administration, court-fee on, 1032; under Act XXVII of 1860, court-fee on, 1033; under Bom. Reg. VIII of 1827, court-fee on, 1033; showing that document has been registered, 1124; of sale, 1061, 1110, 1157; stamp on, 1081; by collector as to stamps, 1062; under Land Improve- ment Act, 1109, 1133: under Civil Procedure Code, sec. 316, 1133; when exempted from court-fee, 1021. See Acknowledgment, Evidence.
Certified copies, of sentences or orders, 245; of documents placed on record, 524; of judgment and decree, 545 ; of record for judicial committee, 695; of registers, 830; proof of contents of documents by, 891, 892; of public documents, 896; proof by production of, 896; of foreign judi- cial record, 900; of registered docu- ments, 1123; stamp duty on, 1083; when exempt, 1096.
Certified purchaser, 589, note 5. Certiorari, 2.
Cession of territory, 913. Challenge, grounds of, 163. Changes during progress of suit. Bankruptcy, Death, Insolvency, Marriage.
Channel, order for removing nuisance from public, 107.
Chapter defined, 64.
Character, when relevant, 885, 886;
witness to, 925; of witness, 927. Charge, of offence, 17; when framed, 139, 156; to be read and explained, 139, 140; form of, 142-147, 358-361; alteration of, 145, 146; forwarding of, 142; procedure on commitment without, or with imperfect, 145; separate for each offence, 147; when tried separately, 147, 148, 150, 151; in alternative, 150; joinder of persons in, 151, 225; withdrawal or suspension of, 151; when framed in warrant case, 156; power to stay proceedings on unsustainable, 162; verdict on each, 171; effect of omission to frame, 256. See Ad- dition, Adjournment, Complaint, Conviction, Copy, Entry, Error, Irregularity, Joinder, Language, Withdrawal.
Charge to jury, 168; copy of, 260. Charge of plaintiff's costs in inter- pleader suit, 647.
'Chargeable' defined, 1051.
Charitable foundation, opinions as to, 884.
Charitable societies, suit by and against, 425.
Charitable trusts, 672, note 2. Charities, suits relating to public, 671. Charter-party, stamp on, 1082. Chartered High Courts, 707; special rules relating to, 707, 708; fees pay- able to clerks and officers of, 1012; fees on documents filed in, 1013. Chemical examiner, report of, 31, 245. Cheque, defined, 1051; stamp on, 1082. See Bill of exchange.
Chief controlling revenue authority, 1051.
Chief Court of Panjáb, 62; recording evidence in, 194; its power to make rules, 1157.
Chief Justice, defined, 62; appoints time of criminal sessions of High Court, 180.
Chief Presidency Magistrate, 69; en- dorsing order for attachment, 89; may require letters and telegrams, 92; may postpone issue of process, 136; endorsing warrant for levy of fine, 200. See Presidency Magis-
Claim to be tried, 161; to property seized by police, 250; suit must in- clude whole, 490; relinquishment of part of, 490; in respect of mesre profits or arrears of rent, 491; by mortgagee, 491; by or against execu- tor, administrator, or heir as such, 491; to attached property, 575, 592; against company being wound up, 961. See Cause of action.
Class, suit by representatives of, 485. Classes of criminal courts, 65. Clerical error in judgment, 195; re- views for, 706.
Clerk, of bench empowered to try summarily, 160; salary of, when exempt from attachment, 569, 1148; of legal adviser, 921; stamp on articles of, 1079.
Clerk of the crown, defined, 62; list of witnesses given to, 140; charge etc. forwarded to, 142; may frame or alter charge, 145; to prepare lists of jurors, 174, 175; affidavits sworn before, 257.
Client. See Advocate, Agent, Attorney, Pleader, Vakil.
Closing of court, 961. Co-defendant, admission by, 867, note 5. See Parties.
Co-executors, acknowledgment or pay- ment by, 971. Coffee, sale of, 1166.
Cognisable case, defined, 63; police-in- vestigation into, 116, 117.
Cognisable offence, defined, 5, 63; arrest of persons concerned in, So; police to prevent, 115; design to commit, 81, 115; information relat- ing to, 116. See Arrest, Police. Cognisance of offences, by magistrates, 131; on complaint, 131, 136, and 137; on information by persons not police officers, 131; on police report, 131; on suspicion or knowledge of magistrates, 131; by sessions court, etc., 132; by High Court, 133; sanc- tion when necessary for, 133. Coin, attachment of, 575.
Coinage, trial of persons previously convicted of offences against, 187. Collector of custoins exempt from serving on jury, 177.
Collector of the District, to attach land of absconder, 90; to prepare list of jurors and assessors, 177; defined, 466, 1051; transfer to, of decrees for sale of immoveable property, 416, 590; order for attachment fixed up in office of, 574; and proclamation of execution sale of revenue-paying land,
519; his powers, 591, 1149; his procedure, 591, 592, 593, 594; ac- counts rendered by, 595; sales how conducted by, 595, 596; may compel attendance of witnesses and produc- tion of documents, 596; when he may be appointed receiver, 659; in case of suits relating to charities, 672; to adjudicate on stamps, 1061, 1062.
Collision. See Assessors.
Collusion in obtaining judgment, 882. Colonies, British subjects born in, 64; presumption as to gazettes of, 899. Combination of sentences, 6; by magis- trate, 73.
Commanding officer, 176; service of summons by, 645; execution of pro- cess by, 645. Commencement of imprisonment or transportation when person sentenced to several punishments, 74; of pro- ceedings before magistrate, 137; of trial, 161.
Commercial documents, 874. Commission, appointed by Government of India, 238: to enquire as to alleged lunatic prisoner, 230; ad- journment in case of, 245; to take evidence de bene esse, 538, note 1; to examine witnesses, in criminal cases, 30, 243; in civil suits, 421, 622, 1151; costs of, 626, 709; order for, 622; issued by foreign courts, 624; to examine applicant to sue as pauper, 629; for local investigations, 422, 624; to examine accounts, 422, 625; to make partitions, 422, 626; forms of, 794, 795; to administer special oath, 939.
Commission of receiver in insolvency, 419.
Commissioned officer, dispersing unlaw- ful assembly, 106; summoned for jury, 176. See Army.
Commissioner to administer oaths in chancery, 257.
Commissioners, powers of, 627; at- tendance etc. of witnesses before, 627. Commissioners of police, 60, 87, 88, 93; of revenue or customs, 177; court- fee on application to, 1038. Commitment, for trial, 138; discharge where no grounds for, 139; to Ses- sions Court or High Court, 138, 140, 220; when quashed, 140; notification of, 141; examination of supplemen- tary witnesses after, 142; of habitual offenders, 187; power of Sessions Court or District Magistrate to 4 G
order, 216; of person to whom pardon has been tendered, 182; of habitual offender, 187; of criminal lunatic, 228: in contempt cases, 231, 232; validation of irregular, 255; of person refusing to answer or produce document, 234; High Court's order compelling, 1169. See Accused, Custody, Evidence, Inquiry, Lunatic, Notice, Pardon. Committee of lunatic, 1104. Committing magistrate, examination by, 165; evidence taken before, 166; ordered to tender pardon to ac- complice, 182.
Common jurors, 175.
Common of fishery, 1169.
Commutation of sentence, 23, 199,
Company, insolvent, 420; where it carries on business, 479; service of interrogatories on officer of, 517; suits by or against, 637; injunction to public, 655. See Call, Claims, Corpo- ration, Director, Letter of allotment, Memorandum of association, Proxy, Share, Stock.
Company's courts, procedure of, 382. Comparison of signature, writing, or seal, 895.
Compensation, in case of frivolous or vexatious complaint, 155; paid out of fine, 259, 260; for groundless arrest in Presidency Town, 261; for wrong to person or moveable pro- perty, 479; for wrong to immoveable property, 478, 480; for improper ar- rest or attachment, 653; for issue of injunction on insufficient grounds, 655; for breach of contract, 737- 743; for act not actionable without specific inquiry, 972; limitation for suits for, 976, 979, 980, 981, 982, 984, 987, 990, 991; court-fee in suits for, 1014; for expropriated land, court-fee on appeal against order as to, 1017. See Damages. Complainant, detention of, 122-3: ex- amination of, 136; hearing of, in summons cases, 152; in warrant cases, 155; absence of, in summons cases, 153; in warrant cases, 157; with- drawing complaint, 154; not heard in revision court, 218; may appear before magistrate acting under com- mission, 244; fee on taking down examination of, 1020. See Civil suit, Compensation, Fine.
Complaint, defined, 61; to police; see
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