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EVIDENCE-(Continued.)

of the verbal contract is inadmissible when the contract has been reduced to
writing and the deed cannot be received for want of being regis-
tered, 106.

parol-is admissible to show the extent of demised premises, 707.

of usage prevailing in adjacent villages may be insufficient to establish a
disputed custom, 127.

of custom admissible to annex incidents to written contracts, 128, 130, 131.
EXECUTOR

powers of a Hindu-304.

appointment of an-under the Mahammadan testamentary law, 310, 311.
power of an-and of joint executors under Mahammadan law, 311.

duty of the-under Mahammadan law in administering the estate, 311, 312.

EXHIBITS

must be proved, 84, 85.

law regarding-which have been tampered with, 86, 87.

F.

FAMILY

no valid custom can exist which is confined to a special--128.

the managing member of a Hindu-is regarded as a trustee, 258.

how far the managing member of a joint Hindu-is bound to render account,
277-279.

the managing member of a joint Hindu-cannot alienate the property of an
adult member of it, 279, 280.

FAQUIRS how far celibacy is binding on-622.

FATHER (Hindu), inheritance rights of-147.
FERRY

invasion of the right of-513.

FIERCE

animals, injury arising from-502.

FORBIDDEN

degrees, in marriage, 183.

FORECLOSURE. See under MORTGAGE.

FOREIGN

judgments, actions on-17.

law of a-country, how it may be proved, 47.

FRAUD

parol evidence admissible to show-in a written contract, 87.

a joint statement of two parties in-of another may afterwards be proved by
either to be false and fraudulent, 94.

contracts void because of-315, 319.

difference between moral and legal-316.

a party cannot contract not to be answerable for his own-316.

on a collateral point will not avoid a contract, 318.

a party cannot plead his own-318.

burden of proving-318.

in contracts voidable for-the deceived party must elect to abide by or
annul the bargain in a reasonable time, 319.

extent of the damages recoverable in cases of-340.

FURNISHED HOUSES

implied guarantee in the letting of-709.

G.

GAZETTE (GOVERNMENT)

proved by bare production before the Court, 46.

proves proclamations, appointments and notifications published therein by its
bare production, 46.

GIFT

deeds of-of immoveable property must be registered, 100.

native law and custom must especially be followed in cases of-129.
requisites to the validity of a-by Mahammadan law, 283-287.

what constitutes a valid delivery of a-according to Mahammadan law,
283-286.

acceptance of a-according to Mahammadan law, 285, 286, 287.

absence of seisin is not necessarily fatal to the validity of a-among Hindus,

286.

-of a debt, when valid, 286.

acceptance in the case of minors and lunatics, 286, 287.

by Mahammadan females, 288.

requisites to the completeness of a-by English law, 288.
to the prejudice of creditors and purchasers for value, 289.
to minors under English law, 289.

no pre-emption in cases of-290.

revocation of a-under Mahammadan law, 290, 291; under Rom an law, 292.
revocation of a- not followed by possession, 292, 293.

restrictions on the power of-under Hindu law, 293, 294.

proof required to establish a-made in a deadly sickness, 29 4, or by a person
specially liable to be unduly influenced, 295.

power of disposition by gift enjoyed by a Mahammadan in health, 293, 295,
may be restricted by custom, 297.

when made on a death bed is treated as a legacy by Mahammadan law, 293
296, 305, but differs from a legacy in requiring delivery, 295.

GOVERNMENT

how far bound by the acts of its officers, 417.

GRAND-FATHER

a maternal—is a false ancestor according to Mahammadan law, 156.
GRAND-SON

(Hindu) inheritance rights of-133, 134.

GRANT

of land on condition of rendering service, how to be construed, 698.
GUARANTEE

to or for a firm generally ceases on a change in the persons constituting the
partnership, 444.

how created, 607.

must be based on a good consideration and have been mutually accepted, 608.

how discharged by the acts of the creditor, 609, 611.

damages in actions based on-must not be too remote, 611, 613.

GUARDIAN

for marriage, 177.

extent of the liability of a-for a breach of a betrothal contract made by the
deceased parents of his ward, 205.

of a minor how appointed by the Courts, 226.

for a European British subject cannot be appointed by the Punjab Courts, 226.
duty of-to render accounts, 226.

right of-to give a Hindu female ward in marriage, 227.

of the person and property may be different persons, 229.

who should be appointed as-of the person, 230.

who should be appointed-of the property, 230.

his-is not the only person who can sue on behalf of a minor, 230.
powers and responsibilities of-231-238.

are entitled to credit for paying debts and incurring expenses due in consci-
ence though not in law, 231.

power of a-to sue on behalf of his ward, 232.

power of Hindu-to alienate his ward's property as settled in Hanuman
Prasad Pandi's case, 232-236.

power of the-under Mahammadan law to grant leases, 237, and to sell
immoveable property, 237.

transactions between-and ward will be narrowly scrutinized by the Courts,

317.

appointed to the charge of a lunatic's person under Act XXXV of 1858, see
under LUNATICS ACT for the better provision of the estates of luna-
tics not subject to the jurisdiction of the High Courts.

appointed to the charge of a minor's person under Act XL of 1868, see under
MINORS ACT for the better provision for the persons and property of
minors.

GUARDIANSHIP

of the children of a Hindu widow who remarries, how secured, 181.

of minors by testament, 225.

who is entitled to the-of a Hindu minor, 227; and of a Hindu woman, 228.
who are entitled to the-of infants of tender age by Mahammadan law, 228.
of illegitimate children, 248,

GUMASHTAH

power of-to negotiate bills, 460.

liability on a promissory note signed by a-in his own name, 463.

GURBHAI. See CHELA,

H.

HANUMAN PRASAD PÅNDI'S CASE, law of-232-235, 255.

HEALTH

action for acts done to the injury of plaintiff's-502, 504.
HEAR-SAY EVIDENCE. See under EVIDENCE.

HEIR

liability of--for his ancestors' debts by native law, 465, 466.

power of the-to alienate an estate, which he has inherited burdened with

debts, 467.

HEREDITARY CULTIVATOR, See under TENANT.

HINDU LAW

classes of subjects in which it is to be generally followed and not followed,
119, 129.

manner in which the various schools of-originated, 122.

HISTORY

matters of may be ascertained by a Court from published books, maps or
charts of authority, 46.

HOONDEE. See under BILL OF EXCHANGE.

HORSE RACES

subscriptions and agreements to subscribe to-are valid, and do not come
under the provisions of Act XXI of 1848, Appendix, VI.

HOUSE

right of a non-proprietor in his dwelling-in a village homestead, 548, 549.
HUSBAND

liability of the-for the wife's contracts, see under WIFE.

competent to give evidence for or against his wife in Civil proceedings, 51,
79, 80.

(Mahammadan) succession interest in his wife's estate, 155; among Shiahs,
155,

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inheritance rights of-children, 247; among Hindus of the twice-born
classes they are entitled to maintenance only, 246.

who are entitled to the guardianship of-children, 248.

IMAM

land given for the maintenance of the village-may be resumable at will, 618.
IMMIGRANTS

usually retain the law and customs of their former domicile, 153, 154.
IMPROVEMENTS

law regarding-made by tenant, 597-599.

right of a tenant or occupier with defective title to compensation for-effected
by him on the property on ejectment, 675-681, 715.

INCAPACITY

physical or mental-does not exclude from inheritance, 168,

INCOME TAX

returns, how far evidence, 95.

INDEMNITY

contracts of-in regard to illegal acts, 23.

INDUSTRY

contracts in restraint of-23.

INFLUENCE

contracts voidable for undue-17.

INHERITANCE QUESTIONS. See under SUCCESSION.

INNKEEPER

liability of-for the property of his guest, 426.

INSANITY. See LUNACY.

INSOLVENCY. See BANKRUPTCY.

INSTRUMENTS

suits for cancellation of-15.

if privileged must still be brought into Court by witness directed to produce

it, 53.

secondary evidence of an-when admissible, 59–62.

copy of an-filed in another suit is admissible if not objected to, 61.
how an attested-is to be proved, 62.

admissible as corroborative evidence, 68, 69.
what-may be used to refresh the memory,

put in evidence must be proved, 84, 85.

what proof is required of ancient-85,

70.

law regarding-which have been tampered with, 86, 87, 452.

rules for the interpretation of written-96.

meaning of the word "instruments" in the Registration Act, 98.

whose registration is compulsory, 100-102; but certain-relating to land are
specially exempted from registration, 117, 118.

whose registration is optional, 102, 103.

of gift of immoveable property must be registered, 100.

time from which registered-operate, 104.

fraudulent-acquire no force by mere registration, 104.

when registered take effect against oral agreements relating to the same
property, 104.

belonging to the class of which registration is compulsory are invalid and
inadmissible in evidence if not registered, 105.

inadmissible under the Registration Act will exclude secondary evidence or
evidence of the verbal contract before it was reduced to writing, 106.
registered-take effect against every unregistered "instrument" relating to
the same property, 106.

test for determining whether payment by a negotiable-extinguishes the
debt or merely prolongs the credit, 459.

fraudulent and invalid may in general be treated as mere waste paper, 459.
negotiable-can be issued and negotiated by a gumashtah, 460.

INSURANCE

custom regarding-in the Punjab, 613, 614.

INTEREST

in a suit does not incapacitate a party from giving evidence, 49.
native law and custom not to be followed in the prohibition of--129.

rule regarding-in a usufructuary mortgage, 374.

in a hypothecatory mortgage may generally be recovered separately from the
principal, 383.

law regarding the allowance and rate of-468-474, 486.

INTERMENT

charges take precedence of debts due by the deceased, 468.
INTIMIDATION

contracts void for-321-323.

J.

JAGIRS

suits relating to, 30,

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