ment by, for registration, 1114; of Her Majesty or the Government of India, 1114; of deceased defendant, 1001; defined, 1104. See Legal representative.
Representatives, of a class, 485; of parties, 556, note 13, 1148. Reprieves, 205. See Pardon. Re-sale of immoveable property in de- fault of payment of purchase-money, 586.
Rescission of contract, form of plaint
in suit for, 755; limitation for suit for, 990.
Rescue, pursuit and re-arrest on, 83. Reserving questions arising in original criminal jurisdiction of High Court,
Re-settling issue by appellate court, 681.
Residence, 479, note I.
Residence out of British India, 621. Resistance to arrest, 78; to execution of decree, 416; for possession, 598, 599; to delivery of immoveable property sold in execution, 999. Res judicata, 392, 393, 474, 475, 879, note 2, 881, note 2; when civil court has awarded compensation for im- proper arrest, attachment or injunc- tion, 653, 656.
Respondent, notice to, 678, 679; objec- tions by, to decree, 680, 1154; court- fee on objection by, 1020. Respondentia-bond, stamp on, 1093; by whom payable, 1061.
Restitution of conjugal rights, 564, 981. Restoration of abducted females, 261. Restraint of persons arrested, 79. See Prisoner.
Resulting trusts, 964, note 6. Resumption-suits, 381, 993. Re-taking of person escaped or rescued, 83; judgment-debtors' property or person, 555. Retirement of jury, 171. Retracting confessions, 840.
Re-trial of accused after discharge of
execution of sentence, 204; of written statement, 514; to British India, 966, note 4.
Revenue agents, when exempt from arrest, 709, 710. See Legal prac titioners.
Revenue arrears, 978, 979. Revenue court, its power as to con- tempts and certain offences, 231, 232; court-fee on application to, 1037, 1038; on mukhtárnáma pre- sented to, 1039; power to modify Civ. Proc. Code in application to, 1141. See Chief controlling revenue authority.
Revenue officer, exempted from serving as juror, 177; privilege of, 919. See Commissioners, Partition.
Reversal of sentence for error in charge, etc., 256, 257-
Reversioner of servient tenement, 975;
limitation for suit for possession by,
Review of judgment, in criminal cases, 195; in civil cases, 438, 703-706; notice to show cause against grant of, 809; delay in applying for, 961; limitation for application for, 965, 999, 1000; for application to restore rejected application for, 998; court- fee on application for, 1031; refund of, 1019. See Clerical error. Revision, 26; of order prohibiting nuisance, 112; of list of jurors and assessors, 178; of conviction evidence not wholly recorded by convicting magistrate, 188; of sentence of whipping, 202; power of, 215-217; High Court's power of, 217; need not hear parties on, 218; suspension and release pend- ing, 217; execution of order on, 218; of order relating to bail, 241; of order on forfeiture of bond, 247; of order regarding dis- posal of property, 249; award of compensation on, 259; of civil pro- ceedings by High Court, 438, 701, 702; of decisions under Stamp Act, 1069. See Cancellation, Records. Revivor of judgment, decree, etc., 1005. Revocation of trust, stamp on, 1093. Right, to reply by prosecutor, 167; to sue for damages, not attachable, 568; facts relevant where question is as to existence of, 861; opinion as to existence of general, 884; statement of opinion as to existence of public, 874; limitation for suit to establish periodically recurring, 993; to per- sonal service, 568; of occupancy,
court-fee on plaint, etc., in suit to establish or disprove, 1039; to en- hance rent of tenant having, 1017. Right to begin, 215, note 2, 406, 407, 535; on hearing appeal, 678. See Cause of action, Survival. Right of way; see Easement. Rigorous imprisonment, commutation of sentence of, 205.
Riot, suppression of, 76; prohibition of act likely to cause, III.
Rioting, security on conviction of, 97. See Unlawful assembly.
Ritual, 391.
Robber, resort of, 77.
Robbery, information of, 76.
Roman Catholic priests, 837. See Priests.
Rule of the road, judicial notice of, 888.
Rules for guidance of magistrates' benches, 68; for distribution of business among magistrates' benches, and assistant Sessions Judges, 68; for courts of Presidency Magis- trates, 69; of practice for criminal courts, 782; as to commissioners for local investigations, 624; relating to appeals to Queen in Council, 698; having the force of law, judicial notice of, 887; as to costs of pro- cesses, 1025; for supply, etc. of court-fee stamps, 1027; under Stamp Act, 1073, 1074; under Code of Civil Procedure, sec. 320, 1149. Ruling Chief, suits by or against, 636.
Salaries, attachment of, 571; when
exempt from attachment, 569, 1148. Sale, of attached property of proclaimed offender, 90; of attached property, power to order, 577; in execution, general rules as to, 577-583; as to moveables, 583-585; as to immove- able property, 585-597; of perishable property, 658; of stamps, rules as to, 1073; breach of such rules, 1077. See Adjournment, Bidding, Collector, Conditions, Confirmation, Co-sharer, Decree-holder, Delivery, Deposit, In- cumbrance, Irregularity, Officers, Preemption, Proclamation, Purchaser, Resale, Vesting.
Saleable tenure, power to give imme- diate possession of, 657.
Sales, limitation for suits to set aside certain, 978. Salt-sources, 373-
Salvage. See Assessors.
Samples, order authorising taking of, 656.
Sanction, to entertain complaints, 14; of Governor-General in Council to prosecution for acts done in dispers- ing unlawful assembly, 106; to prosecution for contempts, etc., 133, 134; to prosecution of judges and certain public servants, 135; to prosecution of offence stated in new or altered charge, 146; to prosecu- tion of accomplice for false evidence, 182, 183.
Sanity. See Opinion. Satisfaction of judgment-debt, agree- ment to give time for, 562. Scandalous questions, 928.
Schedule, defined, 64; of creditors and
debts of judgment-debtor, 608. Scheduled districts to which Civil Procedure Code has been extended, 465, note 2; to which Specific Re- lief Act has been extended, 1168, 1169.
Scientific societies, suits by and against, 425.
Scrip, stamp on certificate evidencing title to, 1082.
Seal, of warrant of arrest, 8, 85; com- parison of, 830; judicial notice of, 888; use of, for certified copies, 896; presumption as to, 896; of regis tering officers, 1107. Sealing summons, 500. Seaman's wages, suit for, 989. Search, by person authorised to arrest, 78; by police, 78, 119-120; of arrested persons, 79; of house suspected to contain stolen property, 93; of closed place, 95; for persons wrongfully confined, 95; by magistrate, 96; for false weights and measures, 115; by police officer, 119, 120. Search-warrant, 9; when issued, 93; restriction of, 93; execution of, 95, 96; issued by unempowered magis- trate, 254. See List, Occupant,
Second appeals in criminal cases, 210; in civil cases, 434, 687, 688. Second-class magistrate, appeal from sentence of, 208. See Magistrate of the second class.
Secondary evidence of contents of docu- ments, 891; not given without previous notice to produce, 893. Secretary of corporation or company, 638.
Secretary of State for India in Council, suits by or against, 632-634; security not required from, 676; limitation for suit by or on behalf of, 997. See
Agent, Appearance, Decree, Notice, Summons.
Security, for keeping the peace, 9; for good behaviour, 10, 99; for attendance before court, 85; for keeping the peace on conviction, 97; in other cases, 98; appeal from order for, 207; demanded by unempowered magistrate, 254; for appearance of witness, 534; from judgment-debtor, 555 for costs on application for transfer of criminal case, 252; in civil suits, 421, 617, 620, 621, note 8, 641, 670; from appellant, 676, 677; by pauper plaintiff, 424; from next friend or guardian ad litem, 643; for appearance of defendant, 650; given by receiver, 659; on staying or executing decree under appeal, 675, 676, 696; for costs of respondent, 694-696; stamp broker's note on sale of, 1089. See Bond, Costs, European British sub- ject, Merger, Release.
Seduction, limitation for suit for, 980. Seed-grain, exempt from execution, 1148.
Seizure, of property by police, 250; of moveable property in debtor's pos- session, 571.
Sentence, in case of conviction several offences at one trial, 74; on escaped convict, 202; on offender already sentenced for another offence, 203; when not appealable, 209; severity of, a matter of law, 210. See Appeal, Commutation, Confirma- tion, Death, Enhancement, Execution, Fine, Imprisonment, Pardon, Penal servitude, Revision, Solitary con- finement, Suspension, Transporta- tion.
Sentences which may be passed by courts, 72; aggregate, 74. See Com- bination.
Separate trials of causes of action, 492. Sepoys exempt from arrest for debt, 418.
Sequestration of corporate property, 425.
Series of letters, etc., statement forming part of, 879.
Servants, employed by receiver, 658, note 4; of legal practitioners, privi- lege of, 921.
Service, breach of contract of, 135, 185. See Master and servant. Service, of summons on person added as defendant, 486; rules as to, 502; through head of office, 633; on corporation or company, 637; on
officers and soldiers, 645; of process of chartered High Court, 707. Sessions cases, power to order commit- ment, etc. of, 216. See Court of Session.
Sessions divisions, 65.
Sessions judge, sentence by, 72; his
jurisdiction over E. B. subjects, 219. Sessions trial. See Court of Session. Set-off, 400, 401; allowance of, to be set forth in plaint, 494; particulars of, 511; effect of, 512; garnishee, 570, note 4; of costs, 410, 547; de- cree in case of allowance of, 545; appeal from order allowing or dis- allowing, 689; equitable, 1136, 1147. See Cross-decrees, Plaint.
Sets of bills or marine policies, not drawing full number of, 1076. Setting aside decrees ex parte, 511; sale of immoveable property, 588. 'Settlement,' 1053; stamp on, 1093; when several instruments used, 1054; by whom payable, 1061. Settlement of issues, 404. Share, of undivided revenue - paying estate, decree for separate possession of, 567; of intestate's property, limit- ation for suit for, 992.
Shares, attachment of, 570; broker's sale of attached, 583; delivery or transfer of, 584; transfer of, 1056; stamp on agreement, etc. relating to sale of, 1078; on certificate evi- dencing title to, 1082; on transfer of, 1094. See Company. Sheriff, 1133.
Ship. See Bottomry bond, Charter party, Deserters, High seas, Master, Protest, Respondentia bond, Ship- ping-order.
Shipping-order, stamp on, 1093. Shop-book, production of, 499; entry in, 499, 1145. See Account books. Sickness of juror, 164; of prisoner,
165; of judgment-debtor, 1139. Sign manual of the Sovereign, judicial notice of, 888.
Signature, of warrants of arrest, 8; of chemical examiner's reports, 245; of plaint, 495; of summons, 500; of written statement, 514; of gazetted officer, judicial notice of, 888; proof of, 894; defined, 1104. See Docu- ments, Presumption, Sign manual. 'Signed' defined, 467, 468. Signs, dumb witness may testify by,918. Simple imprisonment, commutation of sentence of, 205.
Sittings of High Court for exercise of original criminal jurisdiction, 180.
Slander, suit for, not by pauper, 628; limitation for, 980.
Small Cause Courts not to attach immoveable property, 532; judg- ments of, 540; suits excepted from cognizance of, 1147.
Small causes, questions as to juris- diction in, 1136.
Soldiers, when exempt for arrest for debt, 418; receipts by, 1097. Army, Military, Pay. Solitary confinement, magistrates who may sentence to, 72, 73. Sovereign prince, suit by or against,636. Special appeals, 434, note 3.
Special case, 430; stated by arbitrators
or umpire, 663; stated by parties, 667, 668. See Arbitration, Reference. Special jurors, 174, 175. Special jury, 162.
Special laws, of limitation, 15, 16, 951, 952; of criminal procedure, 59; of civil procedure, 470; of evidence, 822,823.
Special magistrates, 67. Special means of knowledge, opinions of persons having, 884, 885. Specific injury, suit for act not action- able without, 972.
Specific moveable, enforcement of de- cree for, 563.
Specific performance, suits for, 473,
note ; enforcement of decree for, 564; forms of plaint in suit for, 761, 762; limitation for suit for, 990; court-fee in suit for, 1016. See In- junction.
Specific property, forms of plaint in suits for, 752-755-
Specific relief. See Declaratory decree, Immoveable property, Injunction, Moveable property, Receiver, Specific performance.
Spoiled stamps, allowance for, 1070, 1071.
Stamp Act, Indian, 1050-1098; con- tents of, 1047-1049. Stamp duties, how paid, 1055. Stamp law, trial of persons previously convicted of offences against, 187. Stamping, presumption of proper, 900. See Mistake, Necessity, Negotiable instrument.
Stamps, counterfeit, 94; repealed enact- ments relating to, 1007; court-fees collected by, 1027; allowance for misused, 1072; adhesive, 1056, 1075; impressed, 1056; not required for use, 1073; rules as to supply and sale of, 1073. Standing counsel, 240.
State of mind or body, facts showing existence of, 862.
State-offences, prosecution for, 134, 135.
State-prisoners, information as to es cape of, 76; laws relating to, 238. Statement, to police, 118; power to record, 110; irregularity in record- ing, how cured, 256; of questions in form of issue, 526; of case for court's opinion, 667; forming part of another statement, etc., 879; by per- son who cannot be called, 873-877; made under special circumstances, 877-879. See Admission, Cause of death, Charts, Concise statements, Conversation, Custom, Deceased per- sons, Entries, Foreign law, Maps, Plans, Public right, Recitals, Re- lationship, Reports.
Status. See Declaratory decree, Legal character.
Stay, of proceedings, where no com- plaint, 154; where assessor unable to attend, 165; where accused ap- pears insane, 227; where all de- fendants do not reside within juris- diction, 480; in interpleader-suit, 648; appeal from order for, 688; limitation how affected by, 967; of execution, 411, 412, 555, 556; execution of decree under appeal,675. Stealing, enquiry into, etc., 128. See Theft.
Step-child, 235, note 6.
Steps in aid of execution, 1002, note 7. Stock, valuation of, 1058; stamp on certificate evidencing title to, 1082; stamp on broker's note of purchase or sale of, 1089.
Stolen property, report of residence of receiver or vendor of, 77; arrest of persons possessing, 80; search of house suspected to contain, 93; juris- diction to try dishonest receiver of, 127; summary trial of dishonest receipt of, 158; innocent purchaser of, 249; presumption from posses- sion of, 913; limitation for suit for, 982. See Habitual offender, Pay- ment, Search, Suspicious property. Stop-order, 573, note 2.
Stoppage of execution-sale, 580. Strict construction, rule of, 949. Striking out issues, 526.
Sub-districts under Registration Act, 1105.
Sub-division, defined, 62; of district,
65, 66; power to alter limits of, 65. Sub-divisional magistrate, 66, 67; ordinary powers of, 74; additional powers of, 75; when he may call for records of inferior courts, 215; may withdraw or refer cases, 235. See Cantonment, Magistrate. Submission of case to High Court, 172; of sentences for confirmation, 197, 198. Subordinate magistrate, 66; may sub- mit proceedings for severer sentence, 187. See Magistrate of the second class, Magistrate of the third class. Sub-registrar, when deemed a civil court, 233; appointment of, 1105; special duties of, 1125. Subsistence allowance of judgment- debtor, 417, 603.
Subsisting decree, 589, note 4. Substituted service, 504. Substitution of plaintiff, 484. Successive disabilities, 946, 962. Successor of judge or magistrate, 188,
200, 537 (1146), 540. Sufficient time for appearance of de- fendant, 501.
Suicide, enquiry into, 124.
Suit, to establish right to attached pro- perty, 576; in case of refusal by registrar, 1129; by person injured by irregularity in execution sale of moveables, 583; when instituted for purposes of limitation, 961. Pending suit, Secretary of State, Slander, Stay of proceedings. Suits Valuation Act, 1043-1046. Summary procedure on negotiable in- struments, 669-671.
Summary rejection of appeal, 211. Summary trials, 18, 157-160; by un- empowered magistrate, 255;
appeal from certain sentences in, 209. See Language. Summing-up case by prosecutor, 166. Summoning jurors, in presidency towns, 175; in mufassal, 176. Summoning witnesses, for defence when accused committed, 141; in civil suit, 529.
Summons, in criminal cases, form of, 84, 346, 351; service of, 8, 84, 85; proof of, 85; warrant in lieu of, or in addition to, 91; to produce docu- ments, 92; in case of demand for security for good behaviour, etc., 100; to witness to attend before police, 118, 125; for offence com- mitted beyond local jurisdiction, 129; to accused, 137; to witness to appear at inquiry or trial, 139, 141, 153,
155, 157; to jurors and assessors, 179; by court to witness, 258. Summons, in civil cases, issue and service of, 398, 399; to witness, 405, 406; to added defendants, 486; to defendant, 500,-502; for final dis- posal, 501; to settle issues, 501; service of, 502-507; on witnesses, 531, 534; in suit against public of- ficer, 633; on corporation or com- pany, 637; on military men, 645; for attendance of witnesses, 529- 531; to produce document, 531; how served, 531; time for serving, 531; in summary suit on negotiable instrument, 669; of foreign court, 713; forms of, 771, 772; delivery or transmission of, 1143. See De- fendant, Document, Letter, Process, Receipt, Substituted service, War- rant, Witness.
Summons-case, defined, 64; appearance of accused at trial of, 138; non-ap- pearance of complainant, 153; proce- dure in trying, 17, 152-154; sum- moning witnesses in, 153; sum- marily triable, 158; sentence in, 194. See Compensation, Criminal trial, Evidence, Record.
Sunday. See Lord's Day Act. Superintendent of jail, warrants ad-
dressed to, 199; whipping in presence of, 201; to forward appeals by pri- soner, 211; certificate of, 246. See Prisons.
Supersession of arbitration, 662. Supplementary witnesses, 142. Support of wife and child, 236, note 1. Supreme consular court, suit on judg ment of, 1142.
Supreme courts, procedures of, 381. Surety, for good behaviour, 102, 103; of judgment-debtor, decree against, 561; for defendant's appearance, 650; suits by, 986. See Bail, Minor, Principal and surety.
Surgeon, exempt from serving as juror or assessor, 177. See Civil surgeon, Medical officer.
Surrender of lease, stamp on, 1093. See Lease, Registration. Survival of right to sue, 613, 1150. Suspension, of judges, magistrates, and justices of the peace, 71; of execu- tion of sentence, 23, 200, 204; of sentence pending appeal, 213. Suspicion of magistrate, cognisance of offence upon, 131.
Suspicious property, seizure and sale of, 250, 251. See Stolen property. Swearing of jurors, 164. See Oath.
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