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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 … Single Judge. It has therefore been concluded by the learned Single Judge that the bar provided under Section 32A of the NDPS Act does not come in the way of invoking the power under Para 1485 of

Government of Andhra Pradesh and anr. Vs. Anne Venkatesware and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 428; Prisons Act, 1894 - Sections 3(5) and 59; Indian Penal Code (IPC), - Sections 120-B, 121-A, 395 and 447; Preventive Detention Act; Internal Security Act; Preventive Detention Law

Reported in : AIR1977SC1096; 1977CriLJ935; (1977)3SCC298; [1977]3SCR7

trial, but accepted their contention that they were entitled to the benefit of the remission system under the Prisons Act, 1894 for the period during which they were in jail as undertrial prisoners before their conviction: Criminal Appeals Nos. … 1870 of 1976 made by N.V. Krishnaiah. The High Court rejected the petitioners prayer for setting off under Section 428 of the CrPC, 1973 the periods during which they were in preventive detention against the terms of … a case involving offences under Sections 120A and 120B read with Section 395, and Section 120B read with Section 447 of the Indian Penal Code,

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, and

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 … available in cases where it is sought to be curtailed by specific provisions in that regard.13. The Rule 3 of the Furlough Rules deals with the subject of entitlement of furlough. The Sub-rule (1) thereof provides that

HusseIn Khan Mohamed Khan Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : (1980)82BOMLR262

and sentenced to imprisonment shall be deemed to be a convicted criminal prisoner within the meaning of the Prisons Act, 1894, and shall be governed by the provisions of that Act and the rules made thereunder during the term … (2) - Maintenance of Internal Security (Maharashtra Conditions of Detention) Order, 1971, Clause 37--Prisons Act (IX of of 1894), Section 3(2), (3)--When does the custody of a security prisoner gets itself converted into that of a convicted criminal

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 … 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 as

Dipakkumar Bhanuprasad Upadhyay Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Uttar Pradesh Prisoners' Release on Probation Act, 1938; Prisons Act, 1894 - Sections 3(1) and 55; Prisoners (Amendment) Act, 1900 - Sections 32; Indian Penal Code (IPC) - Sections 54, 55 and 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 46, 413, 417 to 424 and 423 to 435; Constitution of India - Articles 72 and 161

Reported in : 1998CriLJ1933; (1998)1GLR1

be appointed by the State in this regard. We may also note that under Section 3(1) of the Prisons Act, 1894, word 'prison' is defined so as to mean any jail or place used permanently or temporarily under the

Bhanja Naik Vs. Somanath Mohanty

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 383 and 561A; Prisons Act, 1894 - Sections 3(1), 3(2) and 3(3); Prisoners Act, 1900 - Sections 2, 3 and 4

Reported in : AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414

of imprisonment imposed upon him. He relies upon Sub-sections (1), (2) and (3) of Section 3 of the Prisons Act, 1894, and Sections 2(b), 3 and 4 of the Prisoners Act, 1900. Section 3(1) of the Prisons Act defines

Subodh Prasad Urf Anil Chotu Jagdish Mahato, Vs. Jagbir Singh Darbara ...

Court : Mumbai

Subject : Criminal

Acts : Constitution Of India - Article 226; Indian Penal Code (IPC) - Section 302, 392 to 402; Prisons Act, 1894 - Section 3(5A), 59, 61, sub-clause (1), (2) and (5) of sub-section (1); Bombay Prohibition Act, 1949.

the convict/prisoner from outside State. To examine this aspect, we may refer to the relevant provisions in the Prisons Act, 1894. Section 3(5A) defines the term "furlough system" which means the system of releasing prisoners in jail on furlough in

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