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Bobby Alias Premveer and anr. Vs. State of U.P.

Court : Allahabad

Subject : Criminal

Acts : Prisoners Act, 1900 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 7, 8, 9 and 10; Prisons Act, 1894; Prisoners Act, 1871; Code of Criminal Procedure (CrPC) , 1882; Prisoners' Testimony Act, 1869; Prisoners Act, 1920; Prisoners (Amendment) Act, 1950; Prisoners (Attendance in Courts) Act, 1955 - Sections 3 to 8, 9 and 43; Police Act; Uttar Pradesh Prisoners Release on Probation Act, 1938; Code of Civil Procedure (CPC) , 1908 - Sections 67; Evidence Act - Sections 25, 26 and 27; Customs Act - Sections 104; Foreign Exchange Regulation Act - Sections 35(1); Narcotic Drugs and Psychotropic Substances Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 48, 54, 73, 107, 133, 145, 155, 156, 157 to 176, 190, 204, 210, 257 to 271, 428, 475, 476 and 482; Indian Penal Code (IPC) - Sections

Reported in : 2000CriLJ4125

required by some law to direct release of person detained, the detention through the warrant will continue.2. The Prisons Act, 1894.15. This law was passed (Act No. 9 of 1894) because it was thought expedient to amend the … under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Prisoners Act 1871. Inspector General of Prisons … about admission, removal and discharge of prisoners have been detailed between Chapters III to XI of the Prisons Act, 1894.3. Code of Criminal Procedure. 1898

Santosh BhagwandIn Bachharaj Vs. Superintendent, Central Prison

Court : Mumbai

Subject : Criminal

Acts : Prisons (Bombay Furlough and Parole) Rule, 1959 - Rule 4(10); Statutory Rules - Rule 2

Reported in : 2003(4)MhLj349

dated 2nd July, 1964 in exercise of the powers conferred by Sub-section (1) of Section 11 of the Prisons Act, 1894 (IX of 1894).8. It is also pertinent to note that In-charge Superintendent of Police, Yavatmal had submitted his … that the application has been rejected as per the provision contained in Sub-rule (10) of Rule 4 of Chapter 37 of The Prisons (Bombay Furlough and Parole) Rules, 1959. Sub-rule (10) of Rule 4 contemplates that the

Ramchandra Raghu Naik Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Bombay High Court Appellate Side Rules, 1960 - Rules 1 and 2II; Prison (Bombay Furlough and Parole) Rules, 1959 - Rules 3, 3(1), 3(2), 4, 4(10), 9 and 18; Prisons Act, 1894 - Sections 48A; Constitution of India - Articles 20(2), 226 and 227

Reported in : 2005(3)MhLj933

applications for furlough leave by applying Rule 4(10) of the Furlough Rules.12. Referring to Section 48A of the Prisons Act, 1894, it was sought to be contended that the petitioners having been already punished under the said provision of … said clause.6. In fact, the said clause cannot be read ignoring the main portion of Rule 2 of Chapter I of the said Rules. The same reads that:--'2. Matters disposed of by a single Judge. -- Save … sought to be curtailed by specific provisions in that regard.13. The Rule 3 of the Furlough Rules deals with the subject of entitlement of furlough.

State of Gujarat and Anr. Vs. Hon'ble High Court of Gujarat

Court : Supreme Court of India

Subject : Labour and IndustrialConstitution

Acts : Constitution of India - Articles 4, 17, 18, 21, 23, 24 and 300A; Indian Penal Code (IPC) - Sections 53, 55, 60, 148, 149, 325 and 374; Minimum Wages Act, 1948 - Sections 3, 5, 12 and 59; Minimum Wages (Central) Rules; Code of Criminal Procedure (CrPC) - Sections 357; Kerala Prison Rules - Rule 384; Travancore-Cochin Prisons Act, 1950; Uniform Crime Victims Reparation Act

Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)

the prisoners have no right to claim wages at all except those provided under the provisions of the Prisons Act, 1894 and the rules made thereunder and non-payment of wages to prisoners undergoing sentence of imprisonment with hard labour … prisoners who were sentenced to rigorous imprisonment. Section 53 of the Indian Penal Code which falls under the Chapter entitled 'Of Punishments' vivisects punishments into five categories, of which the category 'imprisonment' has been further sub divided … the Court said that many of the fundamental rights enacted in Part III of the Constitution operate as limitations on the power of the State

Aniruddhsinh Mahipatsinh Jadeja Vs. State of Gujarat and ors.

Court : Gujarat

Subject : CriminalConstitution

Acts : Constitution of India - Article 21; Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 18(2) and 19; Code of Criminal Procedure (CrPC) , 1898 - 268(1)

Reported in : (2002)1GLR594

the prisoner's sentence.XXX XXX XXX XXX XXX The experience has shown that the system has worked satisfactorily. The Prisons Act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it. In … no compelling circumstances which justify the order under Section 268(1) of the Cr.P.C. He also submitted that mobile chapter, when the petitioner was produced before the C. J. M., at Rajkot has been highlighted by the State … armed with the Constitution. The weapon is 'habeas', the power is Part III and the projectile is Batra (AIR 1978 SC 1675). It is, therefore,

Ramesh Lallu Jakhra Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1989)2GLR850

with the State Government concerned depending upon the nature of remission. These powers flow from the provisions of Prisons Act, 1894. As far as the power to grant furlough is concerned, it is as per the provisions of 'the … sentence of a Court, or Court Martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Prisoners Act. 187] Remission systems has been … the Act. Dictionary of the Act is to be found in Section 3. Section 3(2) defines criminal prisoner and Section 3(3) defines convicted criminal prisoner.

Shafi VazruddIn Qureshi Vs. State of Maharashtra, Through the Secretar ...

Court : Mumbai

Subject : Land Acquisition

petitions to this Court. 9. In exercise of powers conferred by sub-clause (5) of Section 59 of the Prisons Act, 1894 the Government of Maharashtra under Notification of the Home Department, dated 8th March, 1962 framed rules namely the … to wear uniform for convict and instead wore civil dress. The Petitioner was proceeded under Rule 5(iv) in chapter 27 of the Maharashtra Prison Manual for his blameworthy conduct and his case has been categorized under 22 … for life. The Petitioner is undergoing sentence in Yerwada Central Prison, Pune. 3. In August –September 1996 , the Petitioner was released on furlough leave

Suo Motu Vs. the State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B and 302; Code of Criminal Procedure (CrPC) - Sections 389; Prisons Act, 1894 - Sections 3, 4, 4(1), 6, 7, 13, 14, 18, 22, 24(2), 24(3), 26, 37, 38, 39 and 59; Prisoners Act, 1900 - Sections 29(1); Gujarat [Removal of Prisoners] Order, 1976; Prisoners Rules, 1973; Prison Regulations; Constitution of India - Article 21

Reported in : (2005)3GLR2088

case, we may first of all turn our attention to certain relevant provisions of the prison legislations.7.2. The Prisons Act, 1894 provides for appointment of officers of prisons including Medical Officer. Section 6 reads as under :-'6. Officers of … of Jailer shall be held by the person appointed to the Superintendent.'Chapter III of the Prisons Act prescribes duties of Officers. Sections 13 and 14 … responsibilities.7.4. Keeping in view and in consonance with the same, in the jail manuals certain provisions are incorporated. Chapter 20 of the Bombay Jail Manual [Edition of 1955] prescribed by the erstwhile Government of Bombay contains provisions

D. Rajasekhar Vs. Govt. of Andhra Pradesh, Home Dept.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Constitution of India - Article 14 and 21; Indian Penal Code (IPC), 1860 - Sections 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 433 and 433A

Reported in : 2004(1)ALD(Cri)894; 2004(3)ALT723

for offences not punishable with death.10. A.P. Prison Rules, 1979 were framed in exercise of powers under the Prisons Act, 1894 and Prisoners Act, 1900. Chapter XXI of the said Act governs grant of remission to prisoners. Rule 320 … of persons were excluded saying that remission of sentences shall not apply to the categories enumerated in Para 3 of the said G.O. Petitioners challenged the same on ground of hostile discrimination and creating a separate category

RajahuseIn GulamhuseIn Lakhani Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1976CriLJ1294

LJ 736 (SC), where in respect of a somewhat similar claim made under the Rules framed under the Prisons Act, 1894, which enabled such a prisoner, who is sentenced to life imprisonment, to earn remissions which would be given … for life to imprisonment for a term not exceeding fourteen years or for fine.He has also submitted that Chapter III of the Indian Penal Code, makes a distinction between the 'imprisonment for life' and 'imprisonment for a term'