Advanced Search Results

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

Court : Mumbai

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 … were Clauses 9 (iii). 10, 12 (ii) and (xi). 15, 19. 20, 21, 23, 24 and 31. It may be clarified that in the present … 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

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 … 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

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,

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 … order of reference dated 11-12-2000 quoted the above reproduced directions of the Supreme Court in Paragraphs 16 to 21 in the case of Citizens for Democracy (supra). It appears that in making the reference to the Larger

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 … 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 : AIR1963SC1207 , a

State of Andhra Pradesh Vs. Challa Ramkrishna Reddy and ors.

Court : Supreme Court of India

Subject : ConstitutionLimitation

Acts : Limitation Act, 1963 - Schedule - Articles 2, 72 and 113; Constitution of India - Articles 19 and 21; Madras Prison Rules - Rules 48; Prisons Act, 1894 - Sections 3(1); Code of Criminal Procedure (CrPC) ; Prisoners Act, 1871; Crown Proceedings Act, 1947; Law Reform (Contributory) Negligence Act, 1945

Reported in : II(2000)ACC18; 2001ACJ1014; JT2000(6)SC334; 2000(4)SCALE471b; (2000)5SCC712; 2000(2)LC1267(SC)

law, 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 … dismiss the appeal on that ground. It went a step further and considered the provisions contained in Article 21 of the Constitution and came to the conclusion that since the Right to Life was part of the

Gauri Shanker and ors. Vs. State of U.P. and ors.

Court : Allahabad

Subject : ServiceConstitution

Acts : Uttar Pradesh Panchayat Raj Act, 1947 - Sections 25, 25(1) and 25A; Constitution of India - Articles 14 and 311

Reported in : 2005(1)AWC426

In Sunil Batra v. Delhi Administration (Supra) the Supreme Court upheld the validity off 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 … declared invalid on the ground that they were violative of the rights guaranteed under Articles 14, 19 and 21 of the Constitution.30. Similarly, in New India Sugar Mills v. Commissioner of Sales Tax : AIR1963SC1207 , a

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

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 … Station for offences punishable under section 376(2), 366, 342, 506(II) read with 120(B) of Indian Penal Code. On 21st October he was convicted and sentenced to suffer life imprisonment by the Sessions Court, Pune. He preferred an

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 … cause to be kept a punishment-book for the entry of the punishments inflicted on prisoners for prison offences.49. Section 21 deals with duties of gate-keepers, which as follows:- ?.The officer acting as gate-keeper, or any other officer of

K. Manohar Rao Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : ConstitutionCriminal

Acts : Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55

Reported in : 1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551

Rules are made in exercise of the power conferred on the State Government under Section 59 of the Prisons Act, 1894. Apart from the fact the very Rules expressly declare that they are made in exercise of the power … Advisory Boards; hence there is a dereliction of the statutory duty and which dereliction offends Articles 14 and 21 of the Constitution, by which Fundamental Rights are guaranteed under the Constitution.7. Counter-affidavits are filed by the respondents