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May Be Detained - Law Dictionary Search Results

Home Dictionary Name: may be detained

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....


Drunkenness

Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...


Lunatic

Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sa...


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...


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)]...


As soon as may be

As soon as may be, means 'as soon as practicable', Ashok Kumar v. Delhi Administration, AIR 1982 SC 1143. [National Security Act, (65 of 1980), ss. 3(2) and 8]--when the representation is made it is in the fitness of things that the said representation should be considered with the same sense of urgency with which the grounds are intended to be communicated to the detenu. That is the only way in which the purpose, for which the earliest communication of the grounds to the person concerned is provided, can be achieved. The representation must, therefore, be considered with due promptitude or expedition and without avoidable delay in other words with reasonable dispatch, Durga Pada Ghosh v. State of West Bengal, (1972) 2 SCC 656: AIR 1972 SC 2420 (2426). [Constitution of India, Art. 22(5)]As soon as may be, indicate a positive action on the part of the detaining authority in supplying the grounds of detention, Sophia Gulam Mohd. Bham v. State of Maharashtra, (1999) 6 SCC 593....


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 ...


Innkeeper

Innkeeper, means a person who, for compensation, keeps open a public house for the lodging and entertainment of travellers. A keeper of a boarding house is usually not considered an innkeeper, Black's Law Dictionary, 7th Edn., p. 792.Innkeeper, proprietor of a common inn for the accommodation of travelers in general.All persons are deemed innkeepers who keep houses where a traveler is furnished, for profit, with everything which he has occasion for whilst on his way. They are bound to take in all travelers and wayfaring persons, and to entertain them for a reasonable time [see Lamond v. Richard, (1897) 1 QB 541] if they can accommodate them, at a reasonable charge, provided they behave themselves properly; and they have a lien upon the goods of their guests for board and lodging, but may not detain their persons or seize their clothing in actual wear. They are also liable for any loss of or injury to goods, money, and baggage of their guests; and responsible for the acts of their serva...


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 ...


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