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Danial H. Walcott Vs. Superintendent, Nagpur Central Prison

Court : Mumbai

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.

Danial H. Walcott J. Prisoner Vs. Superintendent, Nagpur Central Priso ...

Court : Mumbai

Subject : Criminal

Reported in : 1972CriLJ673

a register maintained in the Central Jail, called a Register of Punishment, provided by Section 51 of the Prisons Act. 1894. This section reads as follows:51. Entries in punishment-books : - (i) In the punishment-book prescribed in section 12, … rightly found guilty of the offence for which he has been punished. The petitioner has heavily relied on Section 46 of the Prisons Act which provides that the Superintendent may examine any person touching any such offence, and

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 … Rules read thus:- “23. Subject to the provisions of Rule 22, a Superintendent may punish any prison-offence under Section 46 of the Act, in either of both the following methods, that is to say, by:- a) forfeiting any

Jeevan Singh Verma Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Criminal

Acts : Prisoners Act, 1900 - Sections 31A to 31E; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 32A; Prisons Act, 1894 - Sections 46; Constitution of India - Articles 21, 226 and 227

Reported in : 2001(5)MPHT386; 2002(1)MPLJ347

of his sentence, including remission, whichever is less;(b) he has not been punished for a prison offence under Section 46 of the Prisons Act, 1894 (IX of 1894) during twelve months preceding the date of commencement of the … a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act, 1894 (IX of 1894) and who has more than three previous convictions.(3) Leave shall not be admissible to a

Ram Sewak Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Madhya Pradesh Prisoner's Leave Rules, 1989 - Rules 4, 5, 6 and 8; Madhya Pradesh Prisoner's Leave Act, 1900 - Sections 6; Indian Penal Code (IPC) - Sections 149 and 302; Madhya Pradesh Prisoners (Amendment) Act, 1985 - Sections 31A; Prisons Act, 1894 - Sections 46

Reported in : 2005(3)MPHT474

of his sentence, including remission, whichever is less;(b) he has not been punished for a prison offence under Section 46 of the Prisons Act, 1894 (IX of 1894) during twelve months preceding the date of commencement of the … a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act, 1894 (IX of 1894) and who has more than three previous convictions.(3) Leave shall not be admissible to a

Gajanan Mohanlal Sikchi Vs. State of Maharashtra and anr.

Court : Mumbai

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 … currency note is a prohibited article and finding the same on the prisoner would be a prison offence.4. Section 46 of the Prisons Act empowers the Superintendent to examine any person, touching a prison offence and to determine

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

Court : Kolkata

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

The State Vs. Radhey Shyam

Court : Rajasthan

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

State Vs. Chandra Bali Singh

Court : Allahabad

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 … to be force in this contention. The punishments which can be awarded by the Superintendent are enumerated in Section 46 of the Prisons Act and one of the punishments provided by Clause (1) is a 'formal warning'. 'Formal

Hemchand Vs. State

Court : Madhya Pradesh

Subject : Criminal

Acts : Prisons Rules - Rule 121; Prisons Act, 1894 - Sections 46; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1898 - Sections 491

Reported in : AIR1957MP48; 1957CriLJ758

forfeiting certain periods of remission to be counted under the Rules issued by the State Government under the Prisons Act, 1894, and the Prisoners Act, 1900.2. The prisoner was sentenced to one year's rigorous imprisonment in a criminal case … the guard, Deonath, before whom the offence was said to have been committed was at all examined. Under Section 46 of the Prisons Act, the Superintendent is empowered to examine any person touching an offence. This, however, does