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Shalik Maruti Kowe (In Jail) Vs. State of Maharashtra, Through Its Sec ...

Court : Mumbai Nagpur

Subject : Land Acquisition

will have to refer to Section 46(4), Section 52 and Section 59(1), (3), (4) and (5) of the Prisons Act, 1894. Section 46(4) reads as under :- œS. 46. Punishment of such offences.” The Superintendent may examine any person touching … of the Indian Penal Code for trial before the Magistrate and in view of the provisions of Rule 26 of the Punishment Rules, the petitioner cannot be penalized twice. 5. In the alternative, the learned Counsel submits

Sri Indra Das Vs. State of Assam

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) Act, 1987 - Section 3(5); Prisons Act, 1894 - Section 30(2); Constitution Of India - Articles 25, 26

vs. Delhi Administration AIR 1978 SC 1675 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 … of education, the remedy to be applied is more speech, not enforced silence."22. In Gitlow vs. New York, 268 US 652 (1925) Mr. Justice Holmes of the U.S. Supreme Court (with whom Justice Brandeis joined) in his

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 … President of Nagar Palika Parishad, Amroha, J. P. Nagar held on 22.8.2004 in pursuance of the notification dated 26.7.2004, Annexure-1 to the writ petition. It has also been prayed that Section 54 of the U. P. Municipalities

Asha Ranjan Vs. State of Bihar and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

General of Prisons under Section 29 extracted above.” 28. Thereafter, the Court referred to Section 26 of the Prisons Act, 1894 and Sections 167 and 309 of the CrPC and adverted to the nature of power exercisable by the

Suo Motu Vs. the State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B and 302; Code of Criminal Procedure (CrPC) - Sections 389; Prisons Act, 1894 - Sections 3, 4, 4(1), 6, 7, 13, 14, 18, 22, 24(2), 24(3), 26, 37, 38, 39 and 59; Prisoners Act, 1900 - Sections 29(1); Gujarat [Removal of Prisoners] Order, 1976; Prisoners Rules, 1973; Prison Regulations; Constitution of India - Article 21

Reported in : (2005)3GLR2088

case, we may first of all turn our attention to certain relevant provisions of the prison legislations.7.2. The Prisons Act, 1894 provides for appointment of officers of prisons including Medical Officer. Section 6 reads as under :-'6. Officers of … said Act deals with admission, removal and discharge of prisoners. Sub-sections (2) and (3) of section 24 and section 26 are relevant for our purpose. They are as under :-'24. Prisoners to be examined on admission.-(1) xxx xxx

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 … examination shall be carried out by the matron under the general or special orders of the Medical Officer.?.51. Section 26 deals with removal and discharge of prisoners, which as follows:- ?.(1) All prisoners, previously to being removed to

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 … the Registrar General of the Supreme Court with report as under which are contents of his letter dated 26-4-2000 :-'Sir,Please refer to your letter No, 2605 of 1992 dated Nil forwarding therewith the letter dated 11th February,

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

Court : Chennai

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 … under this Act or any rule thereunder. Section 59 enables the State Government to make Rules. Under Sub-section 26 power is given to the Government for extending any or all of the provisions of the Prison Act,

Devpuri Hirapuri Vs. State of Gujarat

Court : Gujarat

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

Nkgsb Cooperative Bank Limited Vs. Subir Chakravarty

Court : Supreme Court of India

Subject : Land Acquisition

8 and 22 (“officers subordinate to the Jailer”) and Section 48 (“officer subordinate to the Superintendent”) of the Prisons Act, 1894; Section 195 (“any officer subordinate to the Collector”) of the Indian Succession Act, 1925; Section 34H (“any subordinate officer … Reorganisation Act, 2000; Section 81 (“any officer subordinate to the Board”) of the Uttar Pradesh Reorganisation Act, 2000; Section 26 (“such officer subordinate to the Central Government or the State Government”) of the Mahatma Gandhi National Rural Employment