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LITHOGRAPHED DOCUMENT-

Each copy, primary evidence of the contents of the rest, 230.
But not of a common original, 230.

[blocks in formation]

See Survey Map and Thackbust Map.
Statements in, when relevant, 156.

Made by Government for private purposes, 160, 611.

By Government servants in charge of khas mehal, 46.

Presumption of genuineness of, made by authority of Govern-
ment, 267.

Presumption as to authorship of, 270.

Validity of, 185.

MARRIAGE-

Presumption of, 401.

Foreign judgment on, 185.

Registers of, 267.

How established according to Mahomedan law, 209.
Evidence admissible in suits for breach of, 35.

Communications during, 458, 459.

MARRIAGE-contd.

Opinion not sufficient to prove, in proceedings under Divorce
Act or in prosecutions under Penal Code, 208, 209, 219.

MARRIED PERSONS-

Rule as to giving evidence by, 454, 455.

MARRIED WOMEN-

Estoppels against, 438.

MATRIMONIAL JURISDICTION-

Law relating to, 185.
MATTERS IN WRITING-

Evidence as to, 501.

MAY PRESUME—

Definition of, 12.

What facts the Courts, 13.

MEASUREMENT PAPERS-

Prepared by butwarra amin, relevancy of, 154.

MEDICAL EVIDENCE-

See Expert.

Method of taking, 201, 265.

Value of, 202–204.

Presumption as to, taken by committing Magistrate, 396.

MEMORY-

See Refreshing Memory.

MERCANTILE CUSTOM-

What is, 40.

MESNE PROFITS-

Burden of proof in suits for, 345.

MINORITY-

Burden of proving, when pleaded as a bar, 345.

MISDESCRIPTION—

In sale certificate, 316, 317.

MISDIRECTION—

What amounts to, 615.

MISREPRESENTATION-

Meaning of, 414.

Estoppels arising out of, 414, 415.

Estoppels arising out of innocent, 416.

MISSTATEMENT—

In decree, conveyance or other document, 319.

MISTAKE-

Of law or fact provable by parol evidence to avoid written
contract, 289, 296, 302.

MOHUNTSHIP—

Burden of proving forfeiture of, by marriage, 345.

MOKURRAREE LEASE-

Burden of proving, 340.

MORTGAGE-

Admissibility of evidence to prove an apparent sale to be, 285,
298-300.

Oral evidence to prove existence of, 283.

Onus of proof in cases where possession is sought for on the
allegation that defendant is in possession as mortgagee, 367.
Estoppel against mortgagee, 424, 433.

Estoppel against assignor of a mortgage, 429.

MOTIVE-

Relevancy of facts which show or constitute, 20.
Importance of the evidence of, 24.

N.

NATIVE STATES-

Presumption as to genuineness of certified copies from, 262.

NECESSITY-

Onus of proving existence of legal, 342.

NEGATIVE ALLEGATION-

Burden of proving, 327.

NEGLIGENCE-

Facts showing the existence of, 57.

Evidence of, 56, 57, 356, 456.

Estoppels arising out of, 417, 418.

Estoppels arising out of culpable, 419, 420.

NEW TRIAL—

For improper admission or rejection of evidence, 529-532.

NON-ACCESS-

Proof of, 454.

NON-EXISTENCE OF ENTRY-

Public book no evidence to show, 154.

NON-PRODUCTION OF EVIDENCE-

Presumption from, unfavourable to party withholding evidence,
380, 397, 398, 399.

No unfavourable inference against accused in criminal cases, 398,
399.

NON-REGISTRATION—

Secondary evidence, 343.

NON-TRAVERSE-

Effect of, 816, 117.

NOTARY PUBLIC-

Presumption as to powers-of-attorney executed before, 269.
Law as to, 269.

NOTICE-

Burden of proving publication of, in putni sales, 347, 348.
No presumption in favour of publication of notice provided by
section 52 of Road-cess Act, 396.

NOTICE TO PRODUCE-

In what cases necessary before secondary evidence can be given,
244, 245.

Object of, 246.

What is sufficient, 246.

When can be dispensed with, 245, 247.

In civil cases, 245.

In criminal cases, 246.

When unnecessary, 247.

NOTIFICATION-

Relevancy of statements contained in, 160.
How to be proved, 260.

Conclusive proof of cession of territory, 379.

NOT PROVED-

Meaning of, 8.

NUMBER OF WITNESS-

Necessary to conviction, 485.

Conviction upon complainant's statement alone sufficient, 485.

0.

OATHS-

Act X of 1873, 585.

Omission to administer, 451, 452.

OBLIGATION-

Meaning of, in section 92, 306.

OBSOLETE EXPRESSIONS-

Evidence as to meaning of, 319.

OFFICE-

Relevancy of statements made by former holder of, 71.
Judicial notice of accession to &c., 222.

OFFICIAL ACTS-

Presumption as to, 380, 396.

OFFICIAL BOOKS-

Entries in, 149.

Books coming under purview of section 35, 151.

OFFICIAL COMMUNICATIONS-

Disclosure of, 460.

OMISSION-

Estoppels arising out of, 418.

OPINION-

See Custom, Expert and Handwriting.

When a relevant fact, 197-210.

As to existence of right or custom, 206.

As to relationship, 208.

As to handwriting, 205.

As to usages, tenants, &c., 207.

Expressed by conduct, 209.

Grounds of, 210.

Must be direct, 227.

Statement of persons who cannot be called as witness expressing,

118, 130, 131.

Qualifications of such statements, 131.

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