Detained - Law Dictionary Search Results
Home Dictionary Name: detained Page: 4Vexatious indictments
Vexatious indictments. In order to prevent these, it was provided, by the (English) Vexatious Indictments Act, 1859 (22 & 23 Vict. c. 17) (repealed), as amended by the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35, ss. 1, 2 (repealed), that no bill of indictment for perjury, conspiracy, indecent assault or certain other misdemeanours therein named, should be presented to a grand jury, unless the prosecutor had been bound over by recognizance to prosecute, or unless the person accused had been committed to or detained in custody, or unless the indictment should be preferred with the written consent of the Attorney-General. The (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (which abolished Grand Juries and amended the law as to presentment of indictments), repealed the whole of the Vexatious Indictments Act, 1859, and s. 1 of the Criminal Law Amendment Act, 1867, but not so as to affect any enactment restricting the right to prosecute in parti...
Urgency Order
Urgency Order. In cases of urgency, where expedient for the welfare of any person alleged to be of unsound mind or for the public safety, that person can be detained for seven days on an order signed by a relative or other person, provided, accompanied by a medical certificate, Lunacy Act, 1890, s. 11, as amended by s. 17 of Mental Treat-ment Act, 1930....
Transportation for life
Transportation for life, a person sentenced to trans-portation for life may be detained in prison for life, Sambha Ji Krishan Ji v. State of Maharashtra, AIR 1974 SC 147: (1974) 1 SCC 196...
Slavery
Slavery, that civil relation in which one man has absolute power over the liberty of another. It cannot subsist in England. See Sommersett's case, (1771-2) 20 St. Tr. 1; Lofft, 1; Broom's Const. Law, pp. 65 et seq., where it was held that a person forcibly detained as a slave was entitled to be discharged on a habeas corpus.1. A situation in which one person has absolute power over the life, fortune and liberty of another 2. The practice of keeping individuals in such a state of bondage or servitude, Black's Law Diction-ary, 7th Edn., p. 1393.The system of colonial slavery ws abolished by 3 & 4 Wm. 4, c. 73. See 5 Geo. 4, c. 113; 7 Wm. 4 & 1 Vict. c. 91; 2 & 3 Vict. c. 73; 6 & 7 Vict. c. 98; 7 & 8 Vict. c. 26; 8 & 9 Vict. c. 122; 26 & 27 Vict. c. 34; and 32 & 33 Vict. c. 75. The various Acts for carrying into effect the treaties for the more effectual suppression of the slave trade were amended and consolidated by the 36& 37 Vict. c. 88 (many previous Acts being thereby repealed). See,...
Replegiare
Replegiare, to redeem a thing detained or taken by another, by giving sureties....
Reception order
Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...
Public disorder
Public disorder, is wide enough to cover a small riot an affray and other cases where peace is disturbed by or affects a small group of persons, Brij Bhushan v. State of Delhi, AIR 1950 SC 129: (1950) Cr LJ 1525.Means every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the ground that they were disturbing public order, State of Uttar Pradesh v. Sanjai Pratap Gupta @ Pappu, (2004) 8 SCC 591....
free
free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...
Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Charge-sheet
Charge-sheet, a paper kept at a police-station to receive each night the names of the persons brought and given into custody, the nature of the accusation, and the name of the accuser in each case. It is under the care of the inspector on duty. Unless the accuser is willing to sign the charge-sheet, the accused will generally not be detained.--The expression 'charge-sheet' is understood in Police Manuals of several States containing the rules and regulations to be a report by the police filed under s. 170 of the Code, described as a 'charge-sheet', Gangadhar Janardan Mhatre v. State of Maharashtra, (2004) 7 SCC 768 (774). [Criminal Procedure Code, 1973, ss. 170, 169 and 173 (2)]Military law. A four part charging instrument containing (1) information about the accused and the witness, (2) the charges and specifications, (3) the preferring of charges and their referral to a summary. Special or general court-martial for trial, and (4) for a summary court-martial, the trial record, Black's...
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