الفهارس الهجائية
١٠٢٣٨ مدخلة منقولة عن الفهارس المطبوعة في صدور المجلدات وذيولها — مبادئ مصوغة تحت كلمات رأسية أبجدية، بإحالاتها واستشهاداتها كما طُبعت.
١٠٢٣٨ مدخلة
Court sitting in chambers (Decision of—) — 1903
v. Taxing order.
Criminal action — 1903
١ 1° Criminal proceedings once they have been set in motion by a civil action cannot be put an end to by the default of the civil claimant. As regards the civil action Art. 124 C.C.C.Pr. is applicable. (Cir. No. 14, 25 December 1902; No. 45, p. 37).
٢ 2° Criminal proceedings once they have been set in motion by a civil action cannot be put an end to by the discontinuance by the civil claimant of his action. The court is bound to give judgment on the criminal action even if the Parquet has failed to present its conclusions. (Cir. No. 1, 22 January 1903; No. 55, p. 48).
Criminal action (Prescription of—) — 1903
v. Continuing offence.
Crops (Theft of growing) — 1903
v. Theft (Attempt).
Damages — 1903
v. Appeal (Admissibility), 2°; Dieh.
Date (Legally established) — 1903
v. Forgery, 1°; Lease, 1°.
Date of decree applied — 1903
v. Cassation (Substantial nullity of judgment), 11° II.
Date of offence — 1903
v. Cassation (Substantial nullity of judgment), 2°, 6° I, 8°.
Date of service of judgment — 1903
v. Appeal (Time for), 2°, 3°.
Decisive oath — 1903
v. Oath (Decisive).
Declaration of intention to preempt (Time for) — 1903
v. Preemption, 1° 3°.
Default (Judgment by—) — 1903
v. Citation (Regularity); Judgment by default 1°; Judgment by default on opposition.
Default (Service of criminal judgment by—) — 1903
v. Appeal (Time for), 4°.
Default of civil claimant — 1903
v. Criminal action, 1°.
Defence (Grounds of—) — 1903
v. Promissory note to order.
Defence (Right of—) — 1903
v. Cassation (Substantial nullity of procedure), 1°, 3°, 11°.
Defence admissible at any stage of the proceedings — 1903
v. Prescription (Acquisitive), 1°.
Defendants (Several—) — 1903
v. Jurisdiction (Forum rei), 1°.
Denial of authenticity of document — 1903
v. Document (Private—Denial of authenticity of—).
Dieh — 1903
The action for damages brought against a murderer by the heir of the victim is governed by Art. 151 C.C. Such action is to be distinguished from the action for payment of the Dieh or blood-money (C. Cr. Pr. Art. 47) which is governed by the principles of Mohammedan law. (Trib. Assiout, 7 October 1901; No. 21, p. 12).
Discontinuance of civil action — 1903
v. Criminal action, 2°.
Discretion of Court — 1903
v. Oath (Decisive—), 2°.
Distribution proceedings — 1903
I. In distribution proceedings the opposition creditors are served by the registrar, at the domiciles elected by them in the process of arrestment, with a formal demand to produce their titles (C.C.C.Pr. Art. 515). The demand to produce served at the domicile elected in the process of arrestment by one of the creditors and the subsequent distribution proceedings are not therefore null and void, if the creditor has without notification of the fact changed his domicile. II. A creditor who has produced his title within the legal limit of time without having his right to do so contested by the other creditors, although no demand to produce had been served on him in conformity with Art. 515 C.C.C.Pr., does not on that account forfeit his right to produce his title, and cannot be ordered to refund the amount allotted to him in the course of distribution proceedings. (App. 27 November 1902; No. 58, p. 53.)
Document (Official—) — 1903
The declaration of a Provincial Council that the voting for the member delegated to the Legislative Council took place by ballot is an official document and as such can only be contested by proceedings in improbation. (App. 25 November 1902; No. 69, II, p. 62).
Document (Private—Alteration of—) — 1903
v. Forgery, 2°.
Document (Private—Copies of—) — 1903
Copies of private documents have no probative force; they have not even the value of a commencement of documentary proof. Art. 231, C. C. applies only to copies of official instruments. (Trib. App. Kena, 31 March 1903, No. 92, p. 76.)
Document (Private—Denial of authenticity of—) — 1903
If a person recognises as his own the seal affixed to a private document but denies that it was affixed by himself, the document does not thereby come under the same category as a private document the handwriting and signature whereof are not denied. Improbation proceedings are consequently unnecessary for attacking the document. The recognition that the seal is genuine is, however, a presumption that it was affixed by its owner, but on proof to the contrary being shown by the latter or any other interested person, this presumption may be defeated. (App. 23 December 1902; No. 63, p. 55).
Document of title (Production of—) — 1903
v. Distribution proceedings.
Domicile (Elected—) — 1903
v. Distribution proceedings, Revocation of judgment (Petition for—), 2°.
Elam of interdiction — 1903
v. Interdiction, 1°; Jurisdiction of Native Tribunals, 2°.
Elected domicile — 1903
v. Distribution proceedings; Revocation of judgment, 2°.
Election (Procès-verbal of—) — 1903
v. Document (Official).
Election (Validity of—) — 1903
The fact of membership of a Provincial Council implies the possession of all the qualifications required therefor. Consequently the delegation to the Legislative Council by the members of a Provincial Council of one of their number cannot be attacked on the ground either that the member delegated or that one of the members delegating him does not possess certain qualifications which are among those required for election to a Provincial Council. (App. 25 November 1902; No. 69, I, p. 62).
Enquiry — 1903
v. Investigation.
Eshhad before Turkish Mehkemeh — 1903
v. Transcription.
Evidence (Parol—) — 1903
v. Proof by witnesses.
Evidence before the examining magistrate (Expert) — 1903
v. Cassation (Substantial nullity of procedure), 10°.
Evidence not heard — 1903
v. Cassation (Substantial nullity of procedure), 9°. File (Order to—).
Exception admissible at any stage of the proceedings — 1903
v. Res judicata, 3°.
المدخلات منقولة بإملائها المطبوع حرفيًّا. و«الإحالة» رقمٌ كما ورد في الفهرس الأصلي — وهو في فهارس الصدر العربية رقم الحكم في مسلسل السنة، وفي فهارس الذيل الإنجليزية رقم الصحيفة.