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Apr 08 2014

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

Court : Mumbai Nagpur

Decided on : Apr-08-2014

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 … and also penalized by the Superintendent. He further submits that escaping from a prison is not included in Section 45 of the Prisons Act and, therefore, since a penalty is provided under Section 224 of the Indian Penal

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Jul 24 1959

State Vs. Chandra Bali Singh

Court : Allahabad

Decided on : Jul-24-1959

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 45, 45(1), 46(1), 50 and 52; Constitution of India - Articles 14, 20 and 20(2)

Reported in : AIR1960All124; 1960CriLJ203

Constitution - refusal to eat food by prisoners - Section 45(1) and Second Proviso to Section 52 of Prisons Act, 1894 - declining food offered by prison authorities is an offence under the Act - punishment can be inflicted

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Feb 28 1997

State of Haryana Vs. Ghaseeta Ram

Court : Supreme Court of India

Decided on : Feb-28-1997

Subject : CriminalConstitution

Acts : Prisons Act, 1894 - Sections 45, 46 and 52; Constitution of India - Article 20; Indian Penal Code (IPC), 1860 - Sections 148, 149, 152, 222, 223, 224, 303, 304-A, 306, 307, 308, 309, 323, 324, 325, 326, 332, 333, 342, 352, 353 and 377; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Code of Criminal Procedure (CrPC) , 1898; Good Conduct Prisoners Probational Releases Act, 1926 - Sections 6

Reported in : AIR1997SC1868; 1997(1)ALD(Cri)687; 1997CriLJ1922; 1997(1)Crimes256(SC); JT1997(3)SC122; 1997(2)SCALE400; (1997)3SCC766; [1997]2SCR547

of the relevant provisions of the Prisons Act and the Punjab Jail Manual. 8. Section 45 of the Prisons Act, 1894 enumerates various prison offences. It provides : 45. Prison-offences. - The following acts are declared to be prison

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Feb 28 1992

Gajanan Mohanlal Sikchi Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Feb-28-1992

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 45(12) and 46; Maharashtra Prisons (Discipline) Rules, 1963 - Rule 17; Constitution of India - Article 21

Reported in : 1993(1)BomCR147; (1992)94BOMLR254

included in the articles prohibited. Hence a currency note is a prohibited article within Section 45(12) of the Prisons Act, 1894 and consequently finding of a currency note with a prisoner would be a prison offence.;Before any punishment is

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Mar 25 1960

The State Vs. Radhey Shyam

Court : Rajasthan

Decided on : Mar-25-1960

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 45, 45(2), 46 and 52; Indian Penal Code (IPC) - Sections 352 and 353

Reported in : AIR1960Raj288; 1960CriLJ1661

for the reason that the facts of the case constituted an offence under Section 45(2) of the Indian Prisons Act, 1894 which was cognisable and punishable by the Superintendent of Prisons under Section 46 of the said Act and

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Feb 01 2002

R.P. Vaghela Vs. State of Gujarat

Court : Gujarat

Decided on : Feb-01-2002

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

there is proper justification and it is legally permissible so to do, is evident from the provisions of Section 45 of the Prisons Act, 1894 which declares at item (7); 'filing, cutting, altering or removing handcuffs, fetters or … 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

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Jul 17 2009

P. Pugalenthi Vs. the State of Tamilnadu Rep. by the Secretary, Home D ...

Court : Chennai

Decided on : Jul-17-2009

Subject : Criminal

Acts : Advocates Act, 1961; Prison Act, 1894 - Sections 23 and 45; Indian Penal Code; Bar Council of India Rules; Tamil Nadu Prison Rules, 1983 - Rules 210, 297, 343, 344, 349, 354 and 359; Constitution of India - Article 226

Reported in : 2010CriLJ135

three convict warders and the said Chinnapapa for committing prison offences contemplated in Section 45 of the Prison Act, 1894 and Rule 297 of the Rules and deal with them in accordance with law.This Habeas Corpus Petition is … and insult on the victim, would not have found place in such appointments.20. Under Section 23 of the Prisons Act, 'the prisoners who have been appointed as officers of prisons shall be deemed to be public servants within

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Oct 09 1996

Navkiran Singh Vs. State of Punjab Through Secretary Home Department a ...

Court : Punjab and Haryana

Decided on : Oct-09-1996

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 42 and 45; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : 1997CriLJ1624

rule, shall be deemed to be prohibited articles, within the meaning of Section 42 and clause (12) of Section 45 of the Prisons Act, 1894, unless any such article shall be(a) introduced into any Jail,(b) removed from any … 2 i.e. the Superintendent. Security Jail. Nabha. against the petitioner, for an offence under Section 42 of the Prisons Act, 1894 (hereinafter referred to as 'the Act') read with the relevant Rules framed thereunder and contained in the Punjab

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Sep 30 1971

Danial H. Walcott Vs. Superintendent, Nagpur Central Prison

Court : Mumbai

Decided on : Sep-30-1971

Subject : Civil

Reported in : (1972)74BOMLR436

passed in this case has been clearly made in violation of the provisions of Section 46 of the Prisons Act, 1894 and that the order is vitiated as having been passed in violation of the principles of natural justice.9. … the petitioner. Rule 19 of these Rules enumerates several acts which constitute prison offences within the meaning of Section 45 of the Prisons Act. Section 45 of the Prisons Act itself provides for prison offences and reading Rule

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Feb 28 1992

The State of West Bengal and ors. Vs. Chandra Nath Banik

Court : Kolkata

Decided on : Feb-28-1992

Subject : Criminal

Acts : Prisoners Act, 1900 - Section 31A, 31A(1), 31B, 31B(2) and 31C; ;West Bengal Prisoners (Amendment) Act, 1955; ;Prisons Act, 1894 - Sections 45 and 46; ;Constitution of India - Articles 21 and 226

Reported in : 1992CriLJ2209

counted towards the total period of his sentence) and shall also be punishable Under Section 46 of the Prisons Act, 1894 (IX of 1894), as if he had committed a prison offence referred to in Section 45 of that

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