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Home Bare Acts Phrase: detainedMerchant Shipping Act, 1958 Section 336
Title: Power to Detain Unsafe Ship and Procedure for Detention
State: Central
Year: 1958
.....Court of survey for the port where the ship is detained. (g) The Central Government may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. (2) Any person appointed2by the Central Government for the purpose (in this Act referred to as a detaining officer) shall have the same power as the Central Government has under ims section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her, and if he thinks that a ship so detained by him is not unsafe, may order her to be released. (3) A detaining officer shall forthwith report to the Central Government any order made by him for the detention or release of a ship. (4) A ship detained under this section shall not be released by reason of her Indian register being subsequently closed. ________________________ 1. This section has been specially extended to the Ports of Marmagoa and Panjim- 2. Engineer, and Ship Surveyor, and the Nautical Surveyor attached to Mercantile Marine Department at Marmagoa appointed to be the detaining officers for the purposes of this.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Attendance of Witnesses Confined or Detained in Prisons
State: Central
Year: 1908
.....is satisfied that the examination of such person on commission will not be adequate. 3. Expenses to be paid into Court (1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness. (2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf. 4. Power of State Government to exclude certain persons from the operation of rule 2 (1) The Stale Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 22
Title: Attendance of Persons Confined or Detained in Prisons
State: Central
Year: 1973
.....whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. Section 268 - Power of State Government to exclude certain persons from operation of section 267 (1) The State Government may, at any time having regard to the matters specified in sub-section (2), by general of special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained and thereupon, so long as the order remains to force, no order made under section 267, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons. (2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely: (a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in.....
View Complete Act List Judgments citing this sectionIndian Post Office Act, 1898 Section 27B
Title: Power to Detain Newspapers and Other Articles Being Transmitted by Post
State: Central
Year: 1898
.....detaining any postal article under the provisions of sub-section (1) shall forthwith send by post to the addressee of such article, notice of the fact of such detention. (3) The State Government shall cause the contents of any postal article detained under sub-section (1) to be examined, and, if it appears to the State Government that the article contained any newspaper, book or other document, of the nature described in clause (a) or clause (b) of sub-section (1), may pass such orders as to the disposal of the article and its contents as it may deem proper, and, if it does not so appear, shall release the article and it contents, unless the same be otherwise liable to seizure under any law for the time being in force: Provided that any person interested in any article detained under theprovisions of clause (a) of sub-section (1) may, within two months from the date of such detention, apply to the State Government for release of the same, and the State Government shall consider such application and pass such orders thereon as it may deem to be proper: Provided also that, if such application is rejected, the applicant may, within two months from the date of the order.....
View Complete Act List Judgments citing this sectionImmoral Traffic (Prevention) Act, 1956 Section 6
Title: Detaining a Person in Premises Where Prostitution is Carried on
State: Central
Year: 1956
.....or supplied to her by or by the direction of such person. (4)Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl. ________________________ 1. Substituted by Act 44 of 1986, section 4, for "woman or girl" (w.e.f. 26-1-1987). 2.Substituted by Act 44 of 1986, section 9, for certain words (w.e.f.26-1-1987). 3. Substituted by Act 44 of 1986, sub-section (2) (w.e.f. 26-1-1987).
View Complete Act List Judgments citing this sectionBombay Borstal Schools Act, 1929, (Maharashtra) Section 13
Title: State Government to Determine the Borstal School in Which a Person Shall Be Detained and May Order Removal
State: Maharashtra
Year: 1929
.....under this Act to a Borstal school in any other 5[State] in 6[* * *] India] 7[* * *] provided that the whole period of his detention in a Borstal school shall not be increased by such removal. ______________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 3. These words were substituted for the words "State Government" by Mah. 57 of 1975, section 3. 4. These words were inserted by Bom. 2 of 1936, section 4. 5. This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. 6. The word "British" was omitted, ibid. 7. The words "or in an Acceding State" were omitted, ibid.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 443
Title: Power to Detain Foreign Ship That Has Occasioned Damage
State: Central
Year: 1958
.....him to detain the ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and any officer to whom the orders directed shall detain the ship accordingly. (2) Whenever it appears that before an application can be made under this section, the ship in respect of which the application is to be made will have departed from India of the territorial waters of India, any proper officer may detain the ship for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. (3) In any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purpose of such proceeding be deemed to be the owner of the ship that has occasioned the damage.
View Complete Act List Judgments citing this sectionTea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 33
Title: Power to Detain and Return Sick Persons
State: Central
Year: 1932
(1) Where it appears to the Controller that any person proceeding to a tea garden with assistance, or any member of the family of such person is suffering from an infectious or contagious disease, or is not in a fit state of health to proceed on his journey, the Controller may-- (a) detain such person and his family, (b) send the sufferer for medical treatment to a hospital or dispensary or other suitable place, and (c) cause all necessary arrangements to be made for the accommodation and feeding of the other members of the party so detained, and all arrangements for such detention and treatment shall be made by and at the cost of the employing interest on whose behalf such person was recruited. (2) Where it appears that a sufferer detained under sub-section (1) is not likely to be in a fit state of health to proceed on his journey within a reasonable time, the Controller may direct that he and the other members of his party detained with him shall be returned to the home of the person proceeding with assistance by and at the cost of the employing interest on whose behalf such person was recruited.
View Complete Act List Judgments citing this sectionKarnataka Motor Vehicles Taxation Act, 1957 Section 11A
Title: Power to 2[Seize, Detain and Sell] Vehicles
State: Karnataka
Year: 1957
.....from the date of such seizure and detention, the officer empowered by the State Government may, after giving a notice in writing to the registered owner and the person who had the possession or control of the vehicle immediately before such seizure and detention, and considering their objections, if any, recover the tax due by sale of such vehicle in the manner prescribed: Provided that the vehicle shall not be sold if the tax due is paid at any time before sale.] _______________________________ 1. Inserted by Act 38 of 1976 w.e.f. 1.1.1977. 2. Substituted by Act 32 of 1987 w.e.f. 13.11.1987. 3. Re-numbered by Act 32 of 1987 w.e.f. 13.11.1987. 4. Inserted by Act 32 of 1987 w.e.f. 13.11.1987.
View Complete Act List Judgments citing this sectionBorstal School Act, 1963 Section 12
Title: State Government to Determine the Borstal School in Which a Person Shall Be Detained and May Order Removal
State: Karnataka
Year: 1963
(1) Every young offender ordered to be detained in a Borstal School shall be detained in such Borstal School as the State Government may, by general or special order, appoint for the reception of persons so ordered to be detained: Provided that, if accommodation in a Borstal School is not immediately available for such offender, he may be detained in a special ward or such other suitable part of a prison, as the State Government may direct, until he can be sent to a Borstal School and the period of detention so undergone shall be treated as detention in a Borstal School. (2) The State Government may order the removal of any young offender from any one Borstal School to another Borstal School established under this Act, or to a Borstal School in any other State in India, provided that the whole period of his detention in a Borstal School shall not be increased by such removal.
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