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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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Coroners Act, 1871 Section 24

Title: Contents of Inquisition

State: Central

Year: 1871

Every inquisition under this Act shall be signed by the Coroner with his name and style of office and by the jurors, and shall set forth-- (1) where, when and before whom the inquisition is holden, (2) who the deceased is, (3) where his body lies, (4) the names of the jurors, and that they present the inquisition upon oath, (5) where, when and by what means the deceased came by his death, and (6) if his death was occasioned by the criminal act of another, who is guilty thereof. If the name of the deceased be unknown, he may be described as a certain person to the jurors unknown. Every such inquisition shall be in the form set forth in the Second Schedule hereto annexed, with such variation as the circumstances of each case require.

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Coroners Act, 1871 Section 29

Title: Inquisitions Not Be Quashed for Want of Form

State: Central

Year: 1871

No inquisition found upon or by any inquest shall be quashed for any technical defect. Amendment of inquisition.- In any case of technical defect, a Judge of the High Court may, if he thinks fit, order the inquisition to be amended, and the same shall forthwith be amended accordingly.

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Mental Health Act, 1987 Section 50

Title: Application for Judicial Inquisition

State: Central

Year: 1987

.....District Court or by any other person from whom the District Court may call for a report concerning the mentally ill person: Provided that, if the alleged mentally ill person is a woman, who according to thecustom prevailing in the area where she resides or according to the religion to which she belongs, ought not to be compelled to appear in public, the District Court may cause her to be examined by issuing a commission as provided in the Code of Civil Procedure, 1908 (5 of 1908). (3) A copy of the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill person or other person who, in the opinion of the District Court, shall have notice of judicial inquisition to be held by it. (4) For the purpose of holding the inquisition applied for, the District Court may appoint two or more persons to act as assessors.

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Coroners Act, 1871 Section 23

Title: Coroner to Draw Up Inquisition

State: Central

Year: 1871

When the verdict is delivered the Coroner shall draw up the inquisition according to the finding of the jury, or, when the jury is not unanimous, according to the opinion of the majority.

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Mental Health Act, 1987 Section 26

Title: Admission as Inpatient After Inquisition

State: Central

Year: 1987

If any District Court holding an inquisition under Chapter VI regarding any person who is found to be mentally ill is of opinion that it is necessary so to do in the interests of such person, it may, by order, direct that such person shall be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the District Court.

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Mental Health Act, 1987 Section 44

Title: Discharge of Person Subsequently Found on Inquisition to Be of Sound Mind

State: Central

Year: 1987

If any person detained in a psychiatric hospital or psychialric nursing home in pursuance of a reception order made under this Act is subsequently found, on an inquisition held in accordance with the provisions of Chapter VI, to be of sound mind or capable of taking care of himself and managing his affairs, the medical officer in charge shall forthwith, on theproduction of a copy of such finding duly cerlified by the District Court, discharge such person from such hospital or nursing home.

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Mental Health Act, 1987 Section 51

Title: Issues on Which Finding Should Be Given by District Court After Inquisition

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.

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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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Coroners Act, 1871 Complete Act

State: Central

Year: 1871

.....act (the last mentioned offence is about to be added to the Penal Code) the Coroner will bind by recognizance any person acquainted with the facts to appear at the next sessions, and prosecute or give evidence. The Coroner will also certify the recognizances and deliver them with the inquisition and evidence to the Court in which the trial is to be. He may also issue his warrant for the apprehension of the accused. The amended Bill expressly abolishes the Coroner's jurisdiction as to treasure-trove and wreacks, and declares that he shall not be liable to execute process. The Coroner of Calcutta will, under the amended Bill, be appointed by the Lieutenant Governor of Bengal and not by the Governor-General in Council. As to Coroner's juries, we have provided (S. 31) that when an inquest is held on the body of a prisoner, no officer of the prison and no prisoner confined therein shall be ajuror. There is a similar provision in the Schedule to theEnglish Prisons Act (28 and 29 Vic., c. 126) , clause 48. As to a Coroner's rights, we have added three clauses, one providing for repaying his disbursements for fees to medical witnesses, hire of rooms for the jury, and the like;.....

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