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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

Bhikhabhai Devshi Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 28, 48A and 59; Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 3, 4(10) and 19

Reported in : AIR1987Guj136; (1987)2GLR1178

the parole and furlough rules are framed in exercise of powers under Ss. 59(5) and 28 of the Prisons Act, 1894. Section 3 defines various terms in the Act and Cls. (5A) and (5B) of S. 3 define furlough system, … Division Bench judgment in the case of Juvansingh L. Jadeja v. State of Gujarat, (1973) 14 Guj LR 104. In that case, while considering the validity of R. 4(2), the scheme of R. 4(10) was also referred

Bans NaraIn Yadav Vs. State of U.P. and ors.

Court : Allahabad

Subject : Service

Acts : Prisons Act, 1894 - Sections 10, 59(1) and 59(28); General Clauses Act, 1897 - Sections 16

Reported in : AIR1977All6

but without any order as to costs. Service - prison rules - Sections 10 and 59 (28) of Prisons Act, 1894 and Rule 1135 of Chapter XII of Jail Manual U.P. - Rule provides power to Government to make … opposite parties strongly refuted the suggestion and argued that the source of authority for the rule lay in Section 59(10) of the said Act. Section 59(10) authorises the State Government to make rules consistent with the Act:--'For

R.P. Vaghela Vs. State of Gujarat

Court : Gujarat

Subject : Contempt of CourtConstitution

Acts : Constitution of India - Articles 21, 129, 141, 144 and 215; Contempt of Courts Act, 1971 - Sections 2, 10, 15, 15(2) and 20; Prisons Act, 1894 - Sections 45; Prisoners (Attendance in Courts) Act, 1955 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 49

Reported in : 2002CriLJ3082; (2002)1GLR886

Constitution Bench in Sunil Batra case (supra) negatived the challenge against the constitutionality of Section 56 of the Prisons Act, 1894 which empowered the Jail Superintendent to put a prisoner in irons (which were 'bar-fetters' in that case), when … was required, and therefore, the High Court has power to punish for contempt of its subordinate Court under Section 10 of the Contempt of Courts Act. This argument is based on fallacious premise that a person cannot be

Kalpesh Gunwantlal Soni Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 48A; Indian Penal Code (IPC) - Sections 302; Prison Rules, 1959 - Rule 4(5), 4(6) and 4(10); Constitution of India - Article 226

Reported in : (2001)GLR381

authority, Deputy I.G., Gujarat State, Ahmedabad, in exercise of powers conferred upon it under Section 48-A of the Prisons Act, 1894, as amended by Bombay (Prison Amendment) Act, 1953, imposed the following punishments on the petitioner:(i) He was deprived

Danial H. Walcott Vs. Superintendent, Nagpur Central Prison

Court : Mumbai

Subject : Civil

Reported in : (1972)74BOMLR436

passed in this case has been clearly made in violation of the provisions of Section 46 of the Prisons Act, 1894 and that the order is vitiated as having been passed in violation of the principles of natural justice.9. … who were found to have proved the offence of the petitioner, were required to be entered in column 10 of the Punishment Register.6. The question which really falls for determination before us is whether the petitioner's contention

Danial H. Walcott J. Prisoner Vs. Superintendent, Nagpur Central Priso ...

Court : Mumbai

Subject : Criminal

Reported in : 1972CriLJ673

a register maintained in the Central Jail, called a Register of Punishment, provided by Section 51 of the Prisons Act. 1894. This section reads as follows:51. Entries in punishment-books : - (i) In the punishment-book prescribed in section 12, … who were found to have proved the offence of the petitioner, were required to be entered in column 10 of the Punishment Register.8. The question which really falls for determination before us is whether the petitioner's contention

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 20, 21, 38, 39, 47 and 226; Bio-Medical Waste (Management and Handling) Rules, 1998; Epidemic Diseases Act, 1897; Epidemic Diseases (Amendment) Act, 1987; Andhra Pradesh Public Health Act, 1939 - Sections 52; Societies Registration Act; Drugs Control Act; Immoral Traffic (Prevention) Act, 1956 - Sections 10-A, 17(4) and 19(2); Prisons Act, 1894 - Sections 24, 37, 38 and 39; Andhra Pradesh Prisons Rules, 1979 - Rules 583 to 653 and 1007 to 1014; Dissolution of Muslim Marriage Act, 1939 - Sections 2; Parsi Marriage and Divorce Act, 1936 - Sections 32; Indian Divorce Act, 1869 - Sections 10; Hindu Marriage Act, 1956 - Sections 13; Special Marriage Act, 1955 - Sections 27; Indian Penal Code (IPC), 1860 - Sections 269 and 270

Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154

himself. Be that as it may, under Prison Laws, See Sections 24, 37, 38 and 39 of The Prisons Act, 1894 (Central Act 9 of 1894) Rules 583 to 653 (Chapter XXXV) and Rules 1007 to 1014 (Chapter LVII) … to undergo HIV/ AIDS test. When sex workers are detained in corrective institutions or welfare homes either under Section 10-A or under Section 17(4) or 19(2) of the Act, there are adequate provisions for medical examination. There are

State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 59(5); State Reorganisation Act; West Bengal Correctional Services Act, 1992 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 401; Indian Penal Code (IPC) - Sections 54 and 55; Constitution of India - Articles 14, 20(1), 21, 32, 72 and 161; West Bengal Jail Code; Prisons Rules - Rules 2, 20 and 21; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 432, 433 and 433A; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : 2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988

had been dismissed. 3. The State of Punjab in exercise of its power conferred upon it under the Prisons Act, 1894 made rules. They have statutory force. Sub-rules (a), (b), (c), (d) and (f) of Rule 2 read as … of commission of offence.After completion of 6 years of substantive sentence and 10 years sentence including remission.7. On or about 28.09.1988, the said instructions were … the Superintendent shall report accordingly to the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by rule 20, when a prisoner has

Dinesh Kumar and Others Vs. Govt. of Nct of Delhi

Court : Delhi

Subject : Education

granted furlough. The Full Bench held that such a provision was not inconsistent with Section 48A of the Prisons Act, 1894. The Court held that as far as the first part of Rule 4(1) is concerned, in respect of … three years, the last being from 12.10.2010 to 23.11.2010 which was granted and extended by this Court by 10 days in W.P. (Crl.) 1667/2010. The petitioner duly fulfilled all the conditions on which he was granted parole