Pretext Arrest - Law Dictionary Search Results
Home Dictionary Name: pretext arrest Page: 3Arrest on Mesne Process
Arrest on Mesne Process. See MESNE PROCESS....
Freedom of arrest
Freedom of arrest, is the privilege which is limited to civil cases and does not extend to criminal cases or emergency legislation, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, p. 587....
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
custody
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
Air Force Custody
Air Force Custody, means the arrest or confinement of a person according to the usages of the service and includes military or naval custody. [Air Force Act, 1950 (45 of 1950), s. 4 (v)]...
Force-custody
Force-custody, 'Force custody' means the arrest or confinement or a member, of the Force according to rules. [Border Security Force Act, 1968 (4 of 1968), s. 2(1) (m)]...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
Peace, Breach of the
Peace, Breach of the, a violation of that quiet, peace, and security which is guaranteed by the laws for the personal comfort of the subjects of this kingdom. An ordinary subject of the Crown must act as a peace-officer to arrest an offender if a felony is committed, or a bad wound given in his presence; and an ordinary subject may arrest another who is on the point of committing murder, and may break and enter a house to do so; and may arrest a lunatic about to do a mischief, and may arrest one against whom an indictment has been found; or may arrest one to put a stop to a breach of the peace committed in his presence.The power of justices of the peace to adjudge a person to enter into recognizance and find sureties to keep the peace or be of good behaviour towards any other person on his complaint is regulated by s. 25 of the (English) Summary Jurisdiction Act, 1879, Chitty's Statutes, tit. 'justices.'...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
booking
booking : a procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register NOTE: The arrested person is usually photographed and fingerprinted at the time of the booking. ...
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