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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 … are now lodged, and the 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,

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 … categories are:1.Adult male life convictsAfter completion of8-1/2 years of substantive sentence and 14 years sentence including remission.2.Female and Juvenile life convicts who were below 20 … 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

Kehar Singh and Another Vs. the State and Others

Court : Delhi

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 73, 74 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 366, 368, 369 and 414

Reported in : 1987CriLJ291; 29(1986)DLT399; 1986(11)DRJ23

be under-trials. 16. Before I discuss the next contention of Mr. Grover, I may refer to S. 30, Prisons Act, 1894, which reads as under : '30. Prisoners under sentence of death. - (1) Every prisoner under sentence of … Session and that appeal is to be heard along with the reference. 14. Section 235 which finds place in Chap. xviii, Criminal P.C., provides that … the judgment. He found the petitioners guilty of the offence charged with and sentenced them to death. 9. Section 366, Criminal P.C., which finds place in Chap. Xxviii under the heading 'Submission of death sentences for confirmation'

Khaliquz-zaman Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Land Acquisition Act - Sections 40(1); Kerala Tax Rules, 1959 - Rule 12; Uttar Pradesh Municipalities Act, 1916 - Sections 9, 13B 54, 54(1), 54(2), 54(3), 56, 86 to 88 and 104; Rajasthan Municipalities Act - Sections 65; Hindu Women's Rights to Property Act, 1947; Constitution of India (74th Amendment) Act, 1992; Uttar Pradesh Municipalities (Amendment) Act, 2001; Rajasthan Nathdwara Temple Act - Sections 16; ;Constitution of India - Articles 14, 19 19(1), 19(2), 21, 25, 26, 30 31(2), 243R, 243R(2), 243S 243ZA and 289; ;Punjab Municipal Corporation Act, 1976 - Sections 23; ;Indian Penal Code (IPC) - Sections 124A; Prisons Act, 1894 - Sections 30(2); Bihar Sales Tax Act, 1947; Calcutta Municipality Act - Sections 548; Municipal Laws

Reported in : 2005(1)AWC696; (2005)2UPLBEC1200

In Sunil Batra v. Delhi Administration (supra) the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence of death in a cell and Section 56 … avoid their being declared invalid on the ground that they were violative of the rights guaranteed under Articles 14, 19 and 21 of the Constitution.33. Similarly, in New India Sugar Mills v. Commissioner of Sales Tax :

Ashok Kumar Alias Golu Vs. Union of India and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858

based on the Bombay Rules governing the remission system framed in virtue of the provisions contained in the Prisons Act, 1894. This Court pointed out that the Prisons Act did not confer on any authority a power to commute … Rajasthan Prisons (Shortening of Sentences) Rules, 1958, (hereinafter alluded to as 'the 1958 Rules') notwithstanding the insertion of Section 433A in the CrPC, 1973 (hereinafter called 'the Code') with effect from December 18, 1978, just two days … against the release of such a convict 'unless he has served atleast 14 years of imprisonment'. He contended that the said provision could not curtail

S.Nalini Vs. State

Court : Chennai

Subject : Land Acquisition

without jurisdiction. 9.In support of his submission, the learned counsel referred to Sections 42 and 45 of the Prisons Act, 1894, State Prison Rules and the decision of the Hon'ble Supreme Court in STATE OF HARYANA versus GHASEETA RAM … of the Prisons Act, 1894 and the Tamil Nadu Prison Rules, 1983. 14.Section 42 of the Prisons Act, 1894 runs as under : ".42.Penalty for … Police, Bagayam Police Station, Vellore. 2.The Superintendent of Police, Special Prison for Women, Vellore..Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code to call for the entire records in C.C.No.70 of 2013 on the

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 … there from I find that the petitioner was released on parole for two times. First from 8.8.92 to 14.8.92 for seven days and he reported in time. Second for period from 6.7.93, for seventeen days, but he

State Vs. Chandra Bali Singh

Court : Allahabad

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 45, 45(1), 46(1), 50 and 52; Constitution of India - Articles 14, 20 and 20(2)

Reported in : AIR1960All124; 1960CriLJ203

Constitution - refusal to eat food by prisoners - Section 45(1) and Second Proviso to Section 52 of Prisons Act, 1894 - declining food offered by prison authorities is an offence under the Act - punishment can be inflicted … charged on the ground that Section 52 of the Prisons Act violated the fundamental rights guaranteed by Article 14 of the Constitution and as such was void under Article 13. The State Government, feeling aggrieved with the

Guru Bux Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Civil

Reported in : 2008CriLJ2671; RLW2008(3)Raj2399

in its wisdom exercising the powers conferred by Clause (5) and (27) of Section 59 of the Rajasthan Prisons Act, 1894 (for short 'the Act') has formulated 2006 Rules. Clause (5) and Clause (27) provide thus:(5) for the award … of the petitioners in these writ petitions is that although they have served the sentence for more than 14 years, their cases were not placed by the Jail Authorities before the State Advisory Board for shortening of

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 … Batra v. Delhi Administration (Bench Strength Five), reported in 1978 (4) SCC 494, was a mandate under Articles 141 and 144 of the Constitution of India and all concerned are bound to obey the same. In Paragraph