• Mental Health Act

Suppose a case under the Mental Health Act is going in a particular District Court, how can we inform District Court in other district ( where property is located) to put on hold inquisition u/s 50(1)
Asked 7 months ago in Civil Law from Greater Noida, Uttar Pradesh
Your query is not clear 
You cannot file for staying proceeding in magistrate court.
If you need to bring a stay for the proceedings in the district court where property located and  move application to stay proceedings,if rejected you can file it before high Court.
If you intend to get a stay on the order by magustarte aproach the sessions court of the same jurisdiction.
Thresiamma G. Mathew
Advocate, Mumbai
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1) you should draw attention of court to pendency of case on another district court and seek stay of the proceedings 

2) you have to make application for stay 
Ajay Sethi
Advocate, Mumbai
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Hi, you have to furnish the Certified copies of the documents in the other court stating that the proceedings in pending in the other court so  that this Hon'ble Court has to stay the further proceedings  or withdraw the same.

2. As the both the court has tried same cause of action.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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you should file application of stay before the district court with a view to bring this fact in the notice of the court. you should pray for stay of proceeding under consequential relief. court has power to stay under section 151 of cpc. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Suppose a case under the Mental Health Act is going in a particular District Court, how can we inform District Court in other district ( where property is located) to put on hold inquisition u/s 50(1)

You have to file an injunction suit in that particular court along with the certified copies of the petition  and other relevant documents of this mental health case pending in a different court with regard to the same property.  You can get injunction based on the strong arguments with the support of such documents.
T Kalaiselvan
Advocate, Vellore
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Can an anticipatory application be filed in District Court or Magistrate Office for cases under the Mental health act to stay proceedings of "reception order" by Magistrate (u/s 22).

There is no provision for anticipatory bail under this act especially for reception under section 22 of the act.  The relief can be obtained under subsection 4 of the section 22 of the act which reads thus:
(4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit.

Further relief can be had a per the guidelines in sub section 7 given below:
(7) On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of—
(i) the applicant;
(ii) the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);
(iii) the person who may be appointed by the alleged mentally ill person to represent him; and
(iv) such other person as the Magistrate thinks fit, and if the Magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.
(8) If any application is dismissed under sub-section (7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.
T Kalaiselvan
Advocate, Vellore
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On what grounds is the inquisition sought to be put on hold?  Unless the cause of action is shown against the reception order u/s 22 it cannot be stayed. 
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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