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Mental Health Act, 1987 Chapter VI

Title: Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property,custody of His Person and Management of His Property

State: Central

Year: 1987

..... On completion of the inquisition, the District Court shall record its findings on,-- (i) whether the alleged mentally ill person is in fact mentally ill or not, and (ii) where such person is mentally ill, whether he is incapable of taking care of himself and of managing his property, or incapable of managing his property only. Section 52 - Provision for appointing guardian of mentally ill person and for manager of property (1) Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of taking care of himself and of managing his property, it shall make an order for the appointment of a guardian under section 53 to take care of his person and of a manager under section 54 for the management of his property. (2) Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of managing his property but capable of taking care of himself, il shall make an order under section 54 regarding the management of his property. (3) Where the District Court records a finding that the alleged mentally ill person is not mentally ill, it shall dismiss.....

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Mental Health Act, 1987 Section 28

Title: Detention of Alleged Mentally Ill Person Pending Report by Medical Officer

State: Central

Year: 1987

(1) When any person alleged to be a mentally ill person appears or is brought before a Magistrate under section 23 or section 25, the Magistrate may, by order in writing, authorise the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital or psychiatric nursing home or in any other suitable place for such period not exceeding ten days as the Magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a) of sub-section (2) of section 24. (2) The Magistrate may, from time io time, for the purpose mentioned in subsection (1), by order in writing, authorise such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary: Provided that no person shall be authorised to be detained under this sub-section for a continuous period exceeding thirty days in the aggregate.

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Indian Evidence Act 1872 Section 67

Title: Proof of Signature and Handwriting of Person Alleged to Have Signed or Written Document Produced

State: Central

Year: 1872

If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.

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Manipur Municipalities Act, 1994 Section 185

Title: Procedure if Person Objecting Alleges That Work Will Cost More Than Three Thousand Rupees

State: Central

Year: 1994

If the objector alleges that the cost of executing the work or of doing the thing required may exceed three thousand rupees, such objection shall be heard and disposed of by the municipality at a meeting, unless the Chairperson or Vice-Chairperson shall certify that such cost may not exceed three thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson and the Vice-Chairperson: Provided that in any case in which the Chairperson or the Vice-Chairperson shall have certified his opinion and the objection shall in consequence thereof have been heard and disposed of by the Chairperson and the Vice-Chairperson, the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three thousand rupees to the municipality as the cost of executing the work or doing the thing required, whereupon such person shall be relieved of all further liability and obligation, in respect of executing the work or doing the thing required and in respect of paying the expenses thereof and the municipality itself shall execute such work or do such thing, and shall exercise all powers necessary

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Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

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Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

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Lunacy Act, 1912 Complete Act

State: Central

Year: 1912

.....(2) If either of the medical certificates any relatives, partner or assistant of the lunatic or of the petitioner the petition shall state the fact and where the person signing is a relative the exact manner in which he is related to the lunatic or petitioner. (3) The petition shall also state whether any previous application has been presented for an inquiry into the mental capacity of the alleged lunatic in any Court; and if such application has been made, a certified copy of the order made thereon shall be attached to the petition (4) No application for a reception order shall be entertained in any area outside the Presidency-towns unless the State Government has, by notification in the Official Gazette declared such area as an areas in which reception orders may be made". SECTION 06: APPLICATION BY WHOM TO BE PRESENTED. 15[(1) Subject to the provisions of sub-section (3) the petition shall be presented by the husband or the wife of the alleged lunatic, or, if there is no husband or wife or the husband or wife is prevented by reason of insanity, absence from India or otherwise from making Or presentation, by the nearest relative of the alleged lunatic who is not so.....

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Code of Criminal Procedure, 1973 Complete Act

State: Central

Year: 1973

.....officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] * Inserted by the Code of Criminal Procedure (Amendment) Act, 2005, S. 7. SECTION 51: SEARCH OF ARRESTED PERSON .- (1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the.....

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The Code of Criminal Procedure, 1973 Complete Act

State: Assam

Year: 1973

.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....

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The Code of Criminal Procedure, 1973 Complete Act

State: Himachal

Year: 1973

.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will.....

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