Unlawful Detainer - Law Dictionary Search Results
Home Dictionary Name: unlawful detainerunlawful 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 [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 ...
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 ...
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...
Coercion
Coercion, coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. (Contract Act, 1872, s. 15)...
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....
writ of habeas corpus
writ of habeas corpus a document filed as a means of testing the legality of a restraint on a person's liberty, usually imprisonment. The writ commands the officials who have custody of a prisoner to bring the prisoner before the court, so that the court may determine whether the prisoner is being detained lawfully. Source: Federal Judicial Center ...
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)]...
Metropolitan Police Magistrates
Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...
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....
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