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Code of Criminal Procedure, 1973 Section 339

Title: Delivery of Lunatic to Care of Relative or Friend

State: Central

Year: 1973

.....delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section (2) of section 330, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the magistrate or Court, and, upon such production the magistrate or Court shall proceed in.....

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Mental Health Act, 1987 Section 42

Title: Order of Discharge on the Undertaking of Relatives or Friends, Etc., for Due Care of Mentally Ill Person

State: Central

Year: 1987

(1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychialric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under those orders the mentally ill person is detained. (2) Where an application is received under sub-section (I), the authority shall, on such relative or friend furnishing a bond, wilh or without sureties, for such amount as such authority may specify in this behalf undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged.

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Central Provinces Court of Wards Act, 1899 Section 27

Title: Manager or Court of Wards to Be Next Friend or Guardian in Suit by or Against Government Wards

State: Central

Year: 1899

In every suit brought by or against a Government ward, the manager of the ward's property or, if there is no manager, the Court of Wards having the superintendence of the ward's property shall be named as the next friend or guardian for the suit, as the case may be.

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Central Provinces Court of Wards Act, 1899 Section 29

Title: Process Against Government Ward to Be Served on Next Friend or Guardian

State: Central

Year: 1899

Every process which may be issued out of any Civil or Revenue Court against any Government ward shall be served on the Government ward's next friend or guardian for the suit.

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Administrators-general Act, 1963 Section 8

Title: Administrator-general, Entitled to Letters of Administration in Preference to Creditors, Certain Legatees or Friends

State: Central

Year: 1963

The Administrator-General of the State shall be deemed by all the court sin the State to have a right to letters of administration other than letters pendente lite in preference to that of- (a) a creditor; or (b) a legatee, other than a universal legatee or a residuary legatee or the representative of a residuary legatee; or (c) a friend of the deceased.

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 32

Title: Manager or Court of Wards to Be Next Friend or Guardian in Suit by or Against Government Wards

State: Maharashtra

Year: 1905

Subject to the provisions of the second paragraph of section 440 of the 1Code of Civil Procedure, in every suit brought by or against a Government ward, the manager of the Government ward's property, or where there is no manager, the Court of Wards having the superintendence of the Government ward's property, shall be named as the next friend or a guardian for the suit, as the case may be. _______________________ 1. See now the Limitation Act, 1963 (36 of 1963).

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 34

Title: Processes Against Government Ward to Be Served on Next Friend or Guardian

State: Maharashtra

Year: 1905

Every process which may be issued out of any Civil or Revenue Court against any Government ward shall be served on the Government ward's next friend or guardian for the suit.

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Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

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Code of Civil Procedure, 1908 Rule 1 to 16

Title: Suits by or Against Minors and Persons of Unsound Mind

State: Central

Year: 1908

..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....

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Mental Health Act, 1987 Complete Act

State: Central

Year: 1987

.....it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Mental Health Act, 1987. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act, and any reference in any provision to the commencement of this Act in a State shall be construed as a reference to the coming into force of that provision in that State. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "cost of maintenance", in relation to a mentally ill person admitted in a psychiatric hospital or psychiatric nursing home, shall mean the cost of such items as the State Government may, by general or special order, specify in this behalf; (b) "District Court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which the State Government may, by notification, specify as the Court.....

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