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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 … an accused is not remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274;

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

Prison Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Sections 30 and 56 of Prisons Act, 1894 (the Act, hereafter). The Petitioners invoke Articles 14, 21 (and 19, in the case of Batra) of the … on the rope to reach 'the undiscovered country from whose bourn no traveller returns' is a different, dismal chapter. Keeping these spells of suffering separate, we may approach the poignant issues of quasi-solitary confinement and its legality.53. … escalating torture by the minions of State, and in India, where this virgin area of jurisprudence is becoming painfully relevant. Therefore, explicative length has been

Rama Murthy Vs. State of Karnataka

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Constitution of India - Article 21

Reported in : AIR1997SC1739; 1997CriLJ1508; 1997(1)SCALE95; (1997)2SCC642

his book 'Crime and Criminal Justice System in India' has dealt with different aspects of prison visits in Chapter VI headed 'Resocialization : Search for Goals'. The learned author has said that frequent jail visits by family members … high-volt live wire mechanism on the jail walls to prevent escape from prisons, as no prisoner has fundamental right to escape from lawful custody.(4) In … about various punishments by this Court in its aforesaid decisions. Not only this, the century old Indian Prison Act, 1894, needs a thorough look and is required to be replaced by a new enactment which would take care

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 … of forced labour.2. Shri Rajeev Dhawan, senior counsel put before us the view points of National Human Rights Commission (NHRC) which favours the principle that

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 … of a prisoner either under the Constitution or under other law, are violated the writ power of the Court can and should run to his

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 … no 3130 of 2004 was reported at Wanwadi police station. Petitioner had visited the police station with his brother and misbehaved with the police leading

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 … undergone. He submits that notless than five hundred prisoners all over theState are eligible to bet released by virtue ofthe policy decision taken by the Governmentof Andhra Pradesh to release prisoners oncompletion of ten years of imprisonmentincluding

Acharaparambath Pradeepan and anr. Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 30(2); Kerala Prisons Rules, 1958 - Rule 781; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 366 and 366(2)

Reported in : 2004CriLJ755

to jail under a warrant. They were confined in condemned cell as provided under Section 30(2) of the Prisons Act, 1894 read with Kerala Prisons Rules, 1958. It is the contention of the petitioners that the sentence of death … guard.'Chapter XLVII of the Kerala Prisons Rules, 1958 (in short Rules) deals with prisoners sentenced to solitary confinement. Chapter XLVIII deals with prisoners sentenced to death. Rules 780 and 781 of the Rules are as follows :--'780. … is executed and it appears that it is with that purpose in view that Sub-section (2) of Section 366 simply provided for committing the convicted

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

Subject : Miscellaneous

interview facility was stopped for a period of three months as prison punishment, under Section 46 of the Prisons Act, 1894 (Central Act IX of 1594). He also submitted that only a minor punishment was awarded for his serious … 4th June 1958)].58. Prisoners Act, 1900 (Act No.3 of 1900), has come into existence from 2nd February, 1900. Chapter VI of the Act deals with removal of prisoners. Section 29 of the Act reads as follows:- ?.29. Removal

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 … Basu, J.1. Two revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257