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Detained - Law Dictionary Search Results

Home Dictionary Name: detained

Detained

Detained, 'detained' includes detained under any law providing for preventive detention. (Civil Procedure Code, 1908, O. 16A, R. 1)Detained includes detained under any law providing for preventive detention. [Criminal Procedure Code, 1973, s. 266(a)]...


May be detained

May be detained, According to the Shorter Oxford English Dictionary, Volume 1, page 531, the word 'detain' means 'to keep in confinement or custody'. Webster's Comprehensive Dictionary, International Edition, at page 349, gives the meaning as to hold in custody, Poonam Lata v. M.L. Wadhawan, AIR 1987 SC 1383: (1987) 3 SCC 347: (1987) 2 SCR 1123.(ii) The words 'may be detained' are words enabling the authority to detain without a board's opinion for the period there provided for, but are not words giving a choice to the authority to apply s. 17A(a) of the Maintenance of Internal Security Act, 1971 or not, Sambhu Nath Sarkar v. State of West Bengal, AIR 1973 SC 1425: (1973) 1 SCC 856: (1974) 1 SCR 1....


detainer

detainer [Anglo-French detenoure, from detenir to restrain, detain, from Old French, from Latin detinere] 1 : the act of keeping something in one's possession ;specif : unlawful detainer 2 : detention in custody 3 : a notification sent by a prosecutor, judge, or other official advising a prison official that a prisoner is wanted to answer criminal charges and requesting continued detention of the prisoner or notification of the prisoner's impending release compare extradition ...


unlawful detainer

unlawful detainer 1 : the act of wrongfully remaining in possession of property (as after expiration of a lease) 2 : an action intended to remedy unlawful detainer by restoring possession of property to its owner called also unlawful detainer action ...


Detainer

Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...


forcible entry and detainer

forcible entry and detainer 1 : the forcible entry upon and keeping of real property without authority of law 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer ...


detain

detain 1 : to hold or keep in custody or possession [property wrongfully ed] [a juvenile ed in a care facility] 2 : to restrain from proceeding [ed the driver and asked to see his license] ...


Detainer

One who detains...


Forcible detainer

Forcible detainer, refusing to restore another's goods, after sufficient amends tendered, the original taking having been lawful; for which injury the remedy usually resorted to was trover (q.v.). But if the original taking were unlawful it is a criminal offence against the public peace, and a misdemeanour, punishable by imprisonment and ransom at the pleasure of the Crown, 4 Bl. Com. 148.The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence, Black's Law Dictionary, 7th Edn....


Wilfully detains or delays

Wilfully detains or delays, it is, reasonable to think that in s. 53 when the word 'wilfully' was used, the legislature also intended that the detention would be punishable only if made for some purpose, Ramchandra Narsimha Kulkarni v. State of Mysore, AIR 1964 SC 1701 (1703). [Post Office, Act (6 of 1898), s. 53]...


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