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Kalpesh Gunwantlal Soni Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 48A; Indian Penal Code (IPC) - Sections 302; Prison Rules, 1959 - Rule 4(5), 4(6) and 4(10); Constitution of India - Article 226

Reported in : (2001)GLR381

authority, Deputy I.G., Gujarat State, Ahmedabad, in exercise of powers conferred upon it under Section 48-A of the Prisons Act, 1894, as amended by Bombay (Prison Amendment) Act, 1953, imposed the following punishments on the petitioner:(i) He was deprived … Section 302 of the Indian Penal Code. The learned Sessions Court, Nadiad, under its judgment and order dated 4.5.1992, convicted the petitioner and sentenced him for life imprisonment. Against this judgment of the learned Sessions Judge, Nadiad,

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

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, … before the Full Bench on reference from the Division Bench as an important question regarding interpretation of R. 4(10) of the, Prisons,(Bombay Furlough and Parole) Rules, 1959 arises as to whether the word 'shall' is mandatory in

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 … case of the State of Maharashtra v. Prabhakar, already cited above (paras. 4-5). it has been stated that notwithstanding Presidential Orders under Articles 358 and

Bobby Alias Premveer and anr. Vs. State of U.P.

Court : Allahabad

Subject : Criminal

Acts : Prisoners Act, 1900 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 7, 8, 9 and 10; Prisons Act, 1894; Prisoners Act, 1871; Code of Criminal Procedure (CrPC) , 1882; Prisoners' Testimony Act, 1869; Prisoners Act, 1920; Prisoners (Amendment) Act, 1950; Prisoners (Attendance in Courts) Act, 1955 - Sections 3 to 8, 9 and 43; Police Act; Uttar Pradesh Prisoners Release on Probation Act, 1938; Code of Civil Procedure (CPC) , 1908 - Sections 67; Evidence Act - Sections 25, 26 and 27; Customs Act - Sections 104; Foreign Exchange Regulation Act - Sections 35(1); Narcotic Drugs and Psychotropic Substances Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 48, 54, 73, 107, 133, 145, 155, 156, 157 to 176, 190, 204, 210, 257 to 271, 428, 475, 476 and 482; Indian Penal Code (IPC) - Sections

Reported in : 2000CriLJ4125

required by some law to direct release of person detained, the detention through the warrant will continue.2. The Prisons Act, 1894.15. This law was passed (Act No. 9 of 1894) because it was thought expedient to amend the … such person has been committed or until such person is discharged or removed in the course of law. Section 4 thereof. provides that warrant should be returned to the Court which had issued it after execution by the

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 decision reached in the erudite judgment of My Lord the Chief Justice holding that the respondent No. 4-Constable was not guilty of contempt and that no case was made out for taking punitive action against any

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 … which has been declared by the State Government, by general or special order, to be a subsidiary jail; Section 4 of the Act which deals about the accommodation for prisoners envisages a duty on the part of the

Shafi VazruddIn Qureshi Vs. State of Maharashtra, Through the Secretar ...

Court : Mumbai

Subject : Land Acquisition

petitions to this Court. 9. In exercise of powers conferred by sub-clause (5) of Section 59 of the Prisons Act, 1894 the Government of Maharashtra under Notification of the Home Department, dated 8th March, 1962 framed rules namely the … pursuant to the FIR no. 355 of 1990 reported at Wanwadi police station in a sessions trial no 44 of 1991 tried by the Sessions Court Pune, and on 30-06-1994 convicted of offence punishable under Section 302

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

Dinesh Kumar and Others Vs. Govt. of Nct of Delhi

Court : Delhi

Subject : Education

granted furlough. The Full Bench held that such a provision was not inconsistent with Section 48A of the Prisons Act, 1894. The Court held that as far as the first part of Rule 4(1) is concerned, in respect of