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Sep 27 1999

Devpuri Hirapuri Vs. State of Gujarat

Court : Gujarat

Decided on : Sep-27-1999

Subject : NarcoticsCriminal

Acts : Constitution of India - Article 161; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(2) and 32(A); Prisons Act, 1894 - Sections 3(1) and 59; Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 33, 432, 433, 434 and 462

Reported in : (1999)3GLR880

contained in Bombay Jail Manual have been framed pursuant to the power conferred under Section 59 of the Prisons Act, 1894. Section 59 would read as under;'59. Power to make rules.___(1) The State Government may, by notification in the Official … shown to be aged 70 years undergoing sentence (now default sentence), by virtue of his conviction under Section 20(b)(2) of the Narcotic Drugs & Psychotropic Substances Act, 1985, (`NDPS Act' for short) rendered by the learned Additional

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Feb 01 2002

R.P. Vaghela Vs. State of Gujarat

Court : Gujarat

Decided on : Feb-01-2002

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 … is whether in fact any contempt has been committed and whether the proceedings initiated are within limitation under Section 20 of the Contempt of Courts Act, 1971 and if contempt has been committed and the proceedings are within

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Sep 01 1975

Bhanudas Krishna Gawde Vs. K.G. Paranjape and ors.

Court : Mumbai

Decided on : Sep-01-1975

Subject : Criminal

Reported in : 1976CriLJ534

or civil prisoners in accordance with the rules contained in the Jail Manual or rules made under the prisons Act. 1894, and in conformity with that Act; and (c) requiring the respondents not to put the detenu in solitary … then served with a detention order dated the 19th of December. 1974. made by the first respondent under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to … to permit the detenu at his own expense an allowance of Rs. 200/- per month, to permit the detenu to have medical treatment by a

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Nov 02 2007

State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Decided on : Nov-02-2007

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 … 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

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Sep 04 2013

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

Decided on : Sep-04-2013

Subject : Education

objects, 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 and … Furlough and Parole) Rules, 1959. 3] The petitioner is the original accused No.1 in Sessions case No.489 of 2010. He was arrested on 3rd April 2010 by Hinjewadi Police Station for offences punishable under section 376(2), 366,

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Apr 30 2008

Tmt. Rohini Lingam Vs. State Represented by the Secretary to Governmen ...

Court : Chennai

Decided on : Apr-30-2008

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 147, 148, 302, 307, 332, 324, 342 and 448; Arms Act, 1959 - Sections 25(1); Indian Explosive Substances Act - Sections 56; Prisons Act, 1894 - Sections 3(1), 4, 19, 20, 59 and 59(8); Prisoners' Act, 1900; Tamil Nadu Prison Rules, 1983 - Rules 1, 32, 34, 44 and 71; Code of Criminal Procedure (CrPC) , 1882 - Sections 541; Constitution of India - Articles 9(5), 21, 32 and 226

Reported in : (2008)5MLJ822

is also relevant to find out some more factual aspects and provisions of the relevant statutes. Under the Prisons Act, 1894 the term 'prison' is defined under Section 3(1), which is as follows:Section 3(1) 'Prison' means any jail or … night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent. Section 20 also makes it clear that every Deputy Jailer or Assistant Jailer be competent to perform the duties of

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Aug 30 2016

N. Bhuvaneswari Vs. The State of Tamil Nadu, represented by its Secret ...

Court : Chennai

Decided on : Aug-30-2016

Subject : Land Acquisition

prisoners still retain the residue of constitutional rights. 23 "Prison" has been defined in Section 3(1) of the Prisons Act, 1894 as any jail or place used permanently or temporarily under the general or special orders of State Government … 12.07.2016 in No.2330/Tha.Ku.3/2016 and quash the same and thereby, direct the respondents to grant ordinary leave under Section 20(iv) of the Tamil Nadu Suspension of Sentence Rules, 1982 for making arrangements, participating and solemnising marriage of our

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May 11 2001

Jeevan Singh Verma Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : May-11-2001

Subject : Criminal

Acts : Prisoners Act, 1900 - Sections 31A to 31E; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 32A; Prisons Act, 1894 - Sections 46; Constitution of India - Articles 21, 226 and 227

Reported in : 2001(5)MPHT386; 2002(1)MPLJ347

a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act, 1894 (IX of 1894) and who has more than three previous convictions.(3) Leave shall not be admissible to a … The facts as have been uncurtained are that the petitioner's son has been convicted of an offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to

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Aug 30 1978

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-30-1978

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, … brothers of oppression and wonder if this will be me 15 or 20 years from now. Can I hold on? Will I last? Will I

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Feb 28 1997

State of Haryana Vs. Ghaseeta Ram

Court : Supreme Court of India

Decided on : Feb-28-1997

Subject : CriminalConstitution

Acts : Prisons Act, 1894 - Sections 45, 46 and 52; Constitution of India - Article 20; Indian Penal Code (IPC), 1860 - Sections 148, 149, 152, 222, 223, 224, 303, 304-A, 306, 307, 308, 309, 323, 324, 325, 326, 332, 333, 342, 352, 353 and 377; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Code of Criminal Procedure (CrPC) , 1898; Good Conduct Prisoners Probational Releases Act, 1926 - Sections 6

Reported in : AIR1997SC1868; 1997(1)ALD(Cri)687; 1997CriLJ1922; 1997(1)Crimes256(SC); JT1997(3)SC122; 1997(2)SCALE400; (1997)3SCC766; [1997]2SCR547

of the relevant provisions of the Prisons Act and the Punjab Jail Manual. 8. Section 45 of the Prisons Act, 1894 enumerates various prison offences. It provides : 45. Prison-offences. - The following acts are declared to be prison … the same offence.After noticing some provisions of the Prisons Act and Punjab Jail Manual as well as Article 20 of the Constitution of India, the High Court came to the conclusion that the punishment awarded by the

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