١٦٢ Improbation proceedings.—v. Acknowledgment of seal, 1°; Forgery (Prosecution).

١٦٣ Incidental question.—v. Jurisdiction of Criminal Tribunals, 4°.

١٦٤ Indecency (Public).—v. Public indecency.

١٦٥ Indecent assault.—In order that an indecent assault may have been committed with violence it is not necessary that active steps should have been taken to prevent resistance on the part of the victim. It is sufficient that he has not consented. Accordingly an indecent assault on a person asleep is committed with violence, as sleep precludes the idea of consent; especially if, on awaking, the victim offers resistance. (Sum. Trib. Assouan, 15 May 1905; No. 105, p. 76).

١٦٦ Indemnity.—v. Jurisdiction of Native Tribunals, 2°.

١٦٨ Indivisibility.—v. Hypothec.

١٦٧ Indivisible right.—v. Res judicata, 1°.

١٦٩ Inspection by Court.—v. Exception of want of jurisdiction.

١٧٠ Instrument (Official).—v. Gift, 2°.

١٧١ Instrument instituting proceedings.—v. Writ of summons, 2°.

١٧٢ Insult.—v. Public indecency, 2°.

١٧٣ Intention.—v. Murder (Unpremeditated).

١٧٤ Intention of parties.—v. Novation; Sale with right of redemption, 1°, 2°.

١٧٥ Interdiction (Person under).—Muhammadan law divides the acts of an interdicted person into two classes; acts which are valid and acts which are void. In the former class are payments for necessaries such as the living expenses of the interdicted person and his family. A payment for tobacco, this not being prohibited and having become as necessary to some people as food, may be reckoned as in the former class. (Trib. App. Assiout, 12 January 1904; No. 9, p. 3.)

١٧٦ Interest of accused.—v. Cassation (Admissibility), 1°, 2°.

٢ [تكملة من ص11] ...24 hours mentioned in Art. 330 of the said Code, will run from the day of the service on such party of the interlocutory judgment together with a notice requiring him to comply therewith. It follows that so long as a judgment ordering an enquiry by experts has not been served on the party in default, the latter can make opposition, notwithstanding that he has been served with the proces-verbal of the taking of the oath by the experts. (Trib. App. Alexandria, 3 October 1904; No. 115, p. 88.)

٣ 3° A court may convict without waiting for the production of a document of which it has ordered discovery by an interlocutory judgment. (Cass. 6 October 1904; No. 38, p. 26.)

٤ 4° A Court is not bound to decide on the merits conformably with the tendency of its interlocutory judgment. (Sum. Tribunal Kena, 16 January 1905; No. 59, III, p. 37.)

٥ 5° An interlocutory order is merely a mode of supplementary investigation and does not prejudice the decision on the merits. Consequently the fact that one of the judges on appeal has, during the trial in first instance, issued such an order, does not afford a ground for cassation. (Cass. 25 March 1905; No. 74, p. 54.)

١٧٧ Interlocutory judgment.—1° Although an interlocutory judgment does not bind the Court to decide ultimately in favour of one or other of the parties, yet the Court cannot itself annul the judgment or order that it shall not be executed. (Sum. Trib. Tahta, 25 July 1904; No. 47, III, p. 28.) 2° Art. 329 of the C.C.C.Pr. is in general terms, and applies equally to judgments on the merits and to interlocutory judgments. As interlocutory judgments cannot be enforced within the meaning of Art. 381 of the C.C.C.Pr., by levy of execution on the goods of the party against whom they are pronounced, the period of [تنقطع المدخلة هنا بنهاية ص11؛ تتمتها في PDF 448 خارج النطاق]

v. Interlocutory judgment, 3°.

v. Contract (Construction); Sale with right of redemption, 2°; Gift, 1°.

v. Appeal, 1°.

According to Art. 295 of the C.C.C. Pr., the third parties who are allowed to intervene in a suit are those who might suffer prejudice from the judgment to be delivered. Accordingly an heir cannot claim to intervene in an action brought by his co-heir to recover his share in property left by the person whose heirs they are and of which the defendant in the action has wrongfully possessed himself. (Sum. Trib. Mellawi, 18 January 1905; No. 118, p. 89.)

v. Dykes and canals, 1°; Jurisdiction of Native Tribunals, 2°.

v. Res judicata, 1°; Theft, 2°.

v. Cassation (Substantial nullity of judgment), 8°; Cassation (Substantial nullity of procedure), 5°; Jurisdiction of Criminal Tribunals, 2°, 3°.

v. Cassation (Substantial nullity of judgment); Res judicata.

v. Jurisdiction of Summary Tribunals, 1°.

v. Cassation (Admissibility), 3°.

v. Cassation (Substantial nullity of procedure), 3°.

v. Appeal (Admissibility).

v. Interlocutory judgment.

v. Cassation (Substantial nullity of judgment), 8°.

v. Service of judgment.

v. Service of judgment.

v. Appeal (Parquet), 1°; Cassation (Substantial nullity of procedure), 4°; Interlocutory judgment, 2°; Opposition, 1°; Service of judgment.

v. Cassation (Substantial nullity of judgment), 3°, 4°.

v. Appeal (Admissibility).

v. Cassation (Admissibility), 3°.