OPINION-Contd.

Evidence when not sufficient, 208, 210.

As to constitution or government of any religious or charitable
foundation, 207, 208.

As to village rights to pasturage, use of paths, water-courses, use
of tanks and bathing ghats, &c., 207.

As to meaning of words or terms, 207.

Incidental expression of, is not a final determination of the
matter in question, 172.

Exclusion of evidence of, 288–292.

When existence of separate, may be proved, 289, 303, 304.

See Evidence, Document and Secondary Evidence.

ORAL EVIDENCE-

Proof of facts by, 226.

Must be direct, 227.

Sufficiency of, 226.

Exclusion of, by documentary evidence, 278-322.
Exceptions, 289.

Instances in which, was held admissible, 282, 286.

Of contents of document, mode of excluding, 501.

OWNERSHIP-

See Possession.

Burden of proof as to, 362.

P.

PARENT AND CHILDREN-

Burden of proving good faith of transactions between, 376.

PARLIAMENT—

Judicial notice of acts of, 221.

PAROL EVIDENCE—

See Oral Evidence.

PARTIES—

See Cross-examination and Res judicata.

Statements by, 65.

As witnesses, 453.

PARTITION-

Burden of proving, 342.

PARTNERS-

Admissions by, 69.

PARTNERSHIP-

Burden of proving, 342, 360, 361.

PATENT AMBIGUITY—

See Ambiguity.

Oral evidence inadmissible to explain, 314, 315.

PAYMENT-

Oral evidence in proof of, 284, 294.

PECUNIARY INTEREST-

Statements against, 118, 129.

PEDIGREE-

See Hearsay.

Statement in deed relating to, 119, 133, 135.

PERSON CONCERNED-

Meaning of, in section 52, 211.

PERSONS IN AUTHORITY-

Definition of, 86.

Who are, 87.

PERSONS OTHER THAN PARTIES TO A SUIT-

Who are, 196.

PLAINT-

Certified copy of, when admissible, 255.

PLANS-

See Maps.

PLEADERS

See Counsel and Professional Communication.

PLEADING-

See Non-traverse.

Admission of facts on, by implication, 225, 117.
POLICE-OFFICERS-

See Confession.

Who are, 94.

POLICE-OFFICERS-contd.

Deputy Commissioner of Police, Calcutta, is a, 94.

Admissibility of admissions made before arrest by, 95, 96, 607.

Confessions made to, 91.

Confessions made whilst in custody of, 97.

Self-exculpatory statement to, 97, 99.

Statement of a criminating nature, inadmissible, 99, 607.
Statement made to a friend while in police custody during
temporary absence of, not admissible, 607.

Information received by, from accused persons, when admissible,
99-104.

Test of admissibility of statements made before, 100.

How much of such statement to be admitted, 100.

POLICE DIARIES-

Statements recorded under section 164 of the Criminal Procedure
Code, 503.

POSSESSIONS-

See Burden of Proof.

What is, 362, 363.

In suit for recovery of, when evidence of previous quiet, is to
be considered sufficient to establish a primâ facie case, 364,
369, 370.

Conflicting evidence of, 364.

Onus of proof when, as jotedar under plaintiff is pleaded, 370.

Of beel lands, 365.

Of diluviated lands, 365, 366.

Of julkur, 366.

As mortgagee, 367.

Of road land, presumption as to possession of, 268.

Without title and dispossession by a wrong-doer, 368, 369.

Burden of proof when dispossession is alleged, 346.

Burden of proving adverse, when possession before diluvion is
proved, 346.

Burden of proving adverse, in suit for jungly or unculturable
lands, 347.

Burden of proof, 328.

POST-MARK-

Relevancy of, 60.

POTTAH-

Evidence of deed reciting, 45.

Proof of contents of, 283.

POWER-OF-ATTORNEY-

Presumption as to, 269.

PRE-EMPTION—

Burden of proof in, 356.

Person refusing offer of, estopped from claiming, 424.

Classification of, according to English writers, 13.

Ditto

Ditto

to Sir J. Stephen, 13, 14.

to the Evidence Act, 323, 382, 383.

Ordinary presumptions arising from common course of natural

events, human conduct, &c., 379.

Of law, 384, 385.

Of facts, 385.

Mixed, 386.

Conflicting, 386.

Conclusive, not mentioned in the Evidence Act, 400.

Rebuttable, not mentioned in the illustrations, 400-402.

Rebuttable, in criminal cases, 402, 403.

Statutory, 403.

Statutory conclusive, 403.

Of Hindu law, 404, 405.

Of Mahomedan law, 405.

As to genuineness of certified copies, 262.

As to documents produced as record of evidence, 263.

As to gazettes, newspapers, &c., 266.

As to documents admissible in England or Ireland without proof

of seal or signature, 266.

PRESUMPTION-contd.

As to maps or plans made by Government authority, 267.
As to laws, 269.

As to reports of decisions, 269.

As to powers-of-attorney, 269.

As to certified copies of foreign judicial records, 269.
As to books of reference, &c., 270.

As to telegraphic message, 270.

As to documents called for and not produced, 271.

As to documents thirty years old, 271–278.

Of death from absence for a long time, 358, 359.

Ditto according to Hindu and Mahomedan laws, 359.

Of legitimacy, 377.

Of marriage, 401.

From possession of stolen goods, 379, 387–392.

Of continuance of domicile, 401.

Of title from possession, 401.

Of heriditary nature of tenure or taluq, 402.

Of criminal intent, 403.

From destroying, withholding or fabricating documents, 403.

PREVIOUS STATEMENTS—

Use of, in contradicting witnesses, 502.

Mode of contradicting by, 503, 504.

What statements may be used for contradicting, 504.
Verbal, 504.

To corroborate a witness, 517.

Value of such statements, 518.

When writing containing, has been lost, &c., 504.

When witness neither denies nor admits having made a, 504.

PRIMARY EVIDENCE-

Meaning of, 230, 231.

Documents must be proved by, 235.

Judge shall not dispense with, save as provided in the Act, 526.

PRINCIPAL AND AGENT-

See Admission and Evidence:

Burden of proving relationship of, 360.

PRIVATE DEFENCE-

Burden of proving right of, 352, 353.

PRIVATE DOCUMENTS-

What are, 255.