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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 The Petitioners invoke Articles 14, 21 (and 19, … a division bench was withdrawn and the present writ petition under Article 32 was filed, where the lay prisoner urged his litany of woes and

ZameelA. Vs. State of Chhattisgarh, and Others

Court : Chhattisgarh

Subject : Property

Acts : Evidence Act - section 32; Prisons Act, 1894

on the return filed by the respondent No. 1 to 6 would submit that the rules under the Prisons Act, 1894 have been followed strictly which provides that in the event of death or serious illness, intimation should be … ignored the statement of the petitioner and one other person Gautam. Shri Jain would further place reliance on section 32 of the Indian Evidence Act to show that the circumstances were such wherein the statement of the petitioner

Asgar Yusuf Mukadam and ors. Vs. State of Maharashtra and the Superint ...

Court : Mumbai

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 31 and 32; Prisons (Maharashtra Amendment) Act, 2000; Constitution of India - Articles 14, 17(1), 19, 19(1), 21 and 32; Code of Criminal Procedure (CrPC) - Sections 49, 167, 167(2), 436(1), 437, 437(1) and 437(2)

Reported in : 2004CriLJ4312

State. Perused the records.2. The petitioners challenge the vires of Sections 31 and 32, as amended, of the Prisons Act, 1894, hereinafter called as 'the said Act', being in violation of the provisions of Articles 14 and 21 of … facilities regarding food, clothing, bedding and other necessaries to the under-trial prisoners and civil prisoners as well as Section 32 which dealt with restriction on transfer of good and clothing between certain prisoners, were sought to be amended

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

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 … questions of law which are raised in this petition brought under Article 32 of the Constitution arise upon facts of which we give an abridged

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 … State Government for the detention of prisoners and inter alia includes, all lands and buildings appurtenant thereto.8. Under Section 32 of the Prisoners Act, 1900 also, the State Government is empowered to appoint places for confinement of persons

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 20, 21, 38, 39, 47 and 226; Bio-Medical Waste (Management and Handling) Rules, 1998; Epidemic Diseases Act, 1897; Epidemic Diseases (Amendment) Act, 1987; Andhra Pradesh Public Health Act, 1939 - Sections 52; Societies Registration Act; Drugs Control Act; Immoral Traffic (Prevention) Act, 1956 - Sections 10-A, 17(4) and 19(2); Prisons Act, 1894 - Sections 24, 37, 38 and 39; Andhra Pradesh Prisons Rules, 1979 - Rules 583 to 653 and 1007 to 1014; Dissolution of Muslim Marriage Act, 1939 - Sections 2; Parsi Marriage and Divorce Act, 1936 - Sections 32; Indian Divorce Act, 1869 - Sections 10; Hindu Marriage Act, 1956 - Sections 13; Special Marriage Act, 1955 - Sections 27; Indian Penal Code (IPC), 1860 - Sections 269 and 270

Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154

himself. Be that as it may, under Prison Laws, See Sections 24, 37, 38 and 39 of The Prisons Act, 1894 (Central Act 9 of 1894) Rules 583 to 653 (Chapter XXXV) and Rules 1007 to 1014 (Chapter LVII) … suffering from venereal diseases. We may also notice that Section 2 of Dissolution of Muslim Marriage Act, 1939, Section 32 of Parsi Marriage and Divorce Act, 1936, Section 10 of Indian Divorce Act, 1869, Section 13 of Hindu

Pramod Kumar Saxena Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 2005; Code of Criminal Procedure (CrPC) - Sections 436A and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 406, 409 and 420; Constitution of India - Articles 14, 19, 20, 21, 32 and 142

Reported in : IV(2008)BC505(SC); 2008CriLJ4697; [2009(1)JCR79(SC)]; 2008(12)SCALE623; (2008)9SCC685; 2008AIRSCW6624; 2008(9)SCC685; 2008(6)Supreme573; 2008(5)LH(SC)3528; 2008AIRSCW6624; 2008(6)Supreme573; 2008(5)LH(SC)3528

Schedule to the Constitution. It is, therefore, the State authorities to undertake administration of prisons under the Indian Prisons Act, 1894. State Governments have also framed Jail Manuals and appropriate Government is required to take appropriate action in accordance … final hearing.2. The present petition is filed by the petitioner under Article 32 of the Constitution. The prayer clause reads thus;It is therefore, most respectfully … date of service of production warrant on the petitioner and adjust the same for the purpose of bailunder Section 436A of Cr.P.C. (e) Pass such other order or orders as this Hon'ble Court may deem fit and

Gopal Vinayak Godse Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 32; Explosive Substances Act - Sections 3, 4 and 5; Indian Penal Code (IPC), 1860 - Sections 53, 53A, 55, 57, 58, 109 and 302; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955 - Sections 401 and 402(1); Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 1954

Reported in : AIR1961SC600; (1961)63BOMLR517; 1961CriLJ736a; [1961]3SCR440

date of his final release.' 15. It is common case that the said rules were made under the Prisons Act, 1894, and that they have statutory force. But the Prisons Act does not confer on any authority a power … Subba Rao, J.1. This is a petition under Art. 32 of the Constitution for an order in the nature of habeas corpus … Indian Penal Code before it was amended by the Code of Criminal Procedure (Amendment) Act XXVI of 1955. Section 53 of the Indian Penal Code set out six different punishments to which offenders were liable. The second

Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 24, 25, 53, 53-A(1), 53-A(2), 55, 58, 60, 146 and 302; Prisoners Act, 1900 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 368(2), 383, 384, 386, 402, 402(1), 418, 418(2), 419, 428 and 433; Andaman and Nicobar Manual, 1908 - Sections 1(2), 1(3), 17, 24, 25 and 146; Indian Penal Code (Amendment) Act, 1955 - Sections 53A

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

popularly called 'Black water' was the most dreaded punishment in India not without reason. Section 59 of the Prisons Act 9 of 1894 - an enactment made for amending the law relating to prisons with a view to … life' : imprisonment for life remains executable by way of banishment or exile to the 'places' envisaged under Section 32 of the Prisoners Act (3 of 1900) and the Officer-in-Charge of the jail is merely mandated to keep