Bare Act Search Results
Home Bare Acts Phrase: low mindedCode of Criminal Procedure, 1973 Chapter 25
Title: Provisions as to Accused Persons of Unsound Mind
State: Central
Year: 1973
.....that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 2[(2) If such Magistrate or.....
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 19E
Title: Provision for Case Where Too Low a Court-fee Has Been Paid on Probates, Etc.
State: Central
Year: 1870
.....the true value of the estate and the discovery that too low a court- fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon. ________________________ 1. Substituted by Act 10 of 1901, Section 3(1), for "of the Province".
View Complete Act List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 25
Title: Provision for Case Where Too Low a Court
State: Maharashtra
Year: 1959
Where any person on applying for Probate or Letters of Administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a Court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the Probate or Letters of Administration to be duly stamped on payment of the full Court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, or, if it or they, is or are produced after one year from such date of twenty times, such proper Court-fee, without any deduction of the Court-fee originally paid on such probate or letters: Provided that, if the application be made within six months after the ascertainment of the true value of the estate, and the discovery that too low a Court-fee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 12
Title: What is a Sound Mind for the Purposes of Contracting
State: Central
Year: 1872
A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals. A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 329
Title: Procedure in Case of Person of Unsound Mind Tried Before Court
State: Central
Year: 1973
.....and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 2[(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 330
Title: Release of Person of Unsound Mind Pending Investigation of Trial
State: Central
Year: 1973
.....with such rules as the State Government may have made under the Mental Health Act, 1987(14 of 1987). (3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered: Provided that-- (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training.] .....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 55 C
Title: Low Flying and Annoyance by Flying
State: Central
Year: 1957
1[55C. Low flying and annoyance by flying Every person subject to naval law being the pilot of an aircraft of the Indian Navy, who-- (a) files it at a height less than the minimum height authorised by his commanding officer or appropriate service authority except while taking off or landing; or (b) files it so as to cause or likely to cause unnecessary annoyance to any person, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.] ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 14 (15-12-1974).
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 14
Title: Facts Showing Existence of State of Mind, or of Body or Bodily Feeling
State: Central
Year: 1872
.....bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. 1 [Explanation 1.-A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.-But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.] Illustrations (a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be stolen. 2 [(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of.....
View Complete Act List Judgments citing this sectionBombay Children Act, 1948, (Maharashtra) Section 99
Title: Transfer of Children of Unsound Mind or Suffering from Leprosy
State: Maharashtra
Year: 1948
.....the person having charge of the child which is still liable to be kept in custody, to send him to the Approved Centre or Approved Institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged : Provided that, where, the removal of a child due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the child is detained to apply to a juvenile court of the area or to the nearest court empowered to exercise the powers of a juvenile court under section 8 of this Act for an immediate order of committal to a mental hospital or a leper asylum until such time as the order of the State Government can be obtained in the matter.
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial