Urgency Order - Law Dictionary Search Results
Home Dictionary Name: urgency orderUrgency 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....
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 ...
Urgency
Urgency, means, immediate, very important, that which requires immediate attention. From its meaning it is apparent that its applicability has to vary what may be important in one set of circumstances may not be so in another, Jai Gurudev Dharam Pracharace Sangh v. State of Uttar Pradesh, AIR 1985 All 158.Urgency, relates to situation demanding prompt action, Arjan Singh v. State of Punjab, AIR 1959 Punj 538....
Urgency, emergency
Urgency, emergency, 'urgency' relates to a situation demanding prompt action while 'Emergency' in-dicates a situation suddenly arising and prompt action, AIR 1959 Punj 540 (543). (Land Acquisition Act, 1894, s. 17)...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Public order
Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...
injunction
injunction [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join] : an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt. affirmative injunction : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry final injunction : perman...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
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 ...
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