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State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 59(5); State Reorganisation Act; West Bengal Correctional Services Act, 1992 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 401; Indian Penal Code (IPC) - Sections 54 and 55; Constitution of India - Articles 14, 20(1), 21, 32, 72 and 161; West Bengal Jail Code; Prisons Rules - Rules 2, 20 and 21; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 432, 433 and 433A; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : 2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988

had been dismissed. 3. The State of Punjab in exercise of its power conferred upon it under the Prisons Act, 1894 made rules. They have statutory force. Sub-rules (a), (b), (c), (d) and (f) of Rule 2 read as … the aforementioned conclusion; particularly, having regard to the provisions contained in Sections 54 and 55 of the Indian Penal Code and Section 433A of the … the Superintendent shall report accordingly to the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by rule 20, when a prisoner has

Khaliquz-zaman Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Land Acquisition Act - Sections 40(1); Kerala Tax Rules, 1959 - Rule 12; Uttar Pradesh Municipalities Act, 1916 - Sections 9, 13B 54, 54(1), 54(2), 54(3), 56, 86 to 88 and 104; Rajasthan Municipalities Act - Sections 65; Hindu Women's Rights to Property Act, 1947; Constitution of India (74th Amendment) Act, 1992; Uttar Pradesh Municipalities (Amendment) Act, 2001; Rajasthan Nathdwara Temple Act - Sections 16; ;Constitution of India - Articles 14, 19 19(1), 19(2), 21, 25, 26, 30 31(2), 243R, 243R(2), 243S 243ZA and 289; ;Punjab Municipal Corporation Act, 1976 - Sections 23; ;Indian Penal Code (IPC) - Sections 124A; Prisons Act, 1894 - Sections 30(2); Bihar Sales Tax Act, 1947; Calcutta Municipality Act - Sections 548; Municipal Laws

Reported in : 2005(1)AWC696; (2005)2UPLBEC1200

In Sunil Batra v. Delhi Administration (supra) the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence of death in a cell and Section 56 … in pursuance of the notification dated 26.7.2004, Annexure-1 to the writ petition. It has also been prayed that Section 54 of the U. P. Municipalities Act, 1916, be declared ultra vires Article 243R of the Constitution which was

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 … for life (iii) imprisonment of either description, namely, rigorous or simple (iv) forfeiture of property and (v) fine. Section 54 empowers the appropriate government to commute the punishment of death for any other punishment. Similarly Section 55 empowers

Rabi Prakash Awasthi Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Representation of the People Act, 1951 - Sections 7; Representation of the People (Amendment) Act, 1955; Prisons Act, 1894 - Sections 59(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 428, 432, 432(1), 432(2), 433 and 433A; Indian Penal Code (IPC), 1860 - Sections 54, 55, 302, 304, 307 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 401(1), 401(2), 401(3), 401(4), 401(5), 401(6), 401(4A), 401(6), 402(1), 402(2), 402(3) and 402(7); Orissa Jail Manual Rules - Rules 518, 518(1), 518(2), 708, 708A and 709; Prison Rules; Bombay Furlough and Parole Rules, 1959; Constitution of India - Articles 20(1), 72 and 161

Reported in : 87(1999)CLT222; 1998CriLJ3268

with ordinary and special remission. In exercise of the powers conferred by Section 59, Sub-section (5) of the Prisons Act, 1894, the rules for shortening of sentences by grant of remissions have been made and are contained in Chapter … been sentenced, simple imprisonment for a like term, fine.(2) Nothing in this section shall affect the provisions of Section 54 or Section 55 of the Indian Penal Code.Section 428 contemplates a conviction by the Court and it operates

Asha Ranjan Vs. State of Bihar and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

General of Prisons under Section 29 extracted above.” 28. Thereafter, the Court referred to Section 26 of the Prisons Act, 1894 and Sections 167 and 309 of the CrPC and adverted to the nature of power exercisable by the … |22.07.10 | | |8 |Andarps ; 41/99; 05.07.99|14/248/149/341/324 IPC & 27 Arms| | | |Act | |9 |C-2; 54/05; 25.04.05 |9/44/46/48/49/49(B)/50/51 | |10 |Hussaingani; 114/05; |25(1-b) A/25 Arms Act (1-B) (H) | | |26.08.05 |25(4) 26(1)35 Arms

Sayeed Khan Vs. State of Rajasthan

Court : Rajasthan

Subject : Service

Reported in : 1979WLN466

be dismissed in a disciplinary proceeding and also be liable to be prosecuted under, Section 54 of the Prisons Act. 1894 and there shall be no hesitation in launching prosecution and simultaneously folding disciplinary proceedings.The petitioner has proved that

Sendhaji Mathurji and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1981)22GLR451

imprisonment for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has served jail … fourteen years in jail. We may in passing observe that Section 433A does not produce any impact upon Section 54 and Section 55 of Indian Penal Code which respectively provide in cases specified in them for commutation of

Mohan Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Criminal

Acts : Rajasthan Prisons (Shortening of Sentence) Rules, 1958 - Rule 9; Rajasthan Prisons Rules, 1951 - Rule 135; Indian Penal Code (IPC) - Sections 302, 395, 397 and 460

Reported in : RLW2004(2)Raj1118; 2004WLC(Raj)UC410

to notice that both the Rules have been framed in exercise of powers under Section 59 of the Prisons Act, 1894. The Prisons Act has been enacted to consolidate the law of prisoners confined by the orders of court. … over-ride the statutory power contained in Section 433A of the Code as well as the power conferred by Section 54 & 55, I.P.C. This power can be exercised by the President/Governor only on the advice of the Council

Shobha Anil Londase Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Articles 19 and 21

Reported in : 2003(2)ALD(Cri)122

that the members of the jail staff would be liable to be prosecuted under section 54(1) of the Prisons Act, 1894 if any offences under section 42 of the Prisons Act relating to the introduction of or supply to

V.S.Amirthalal Vs. State of Tamil Nadu

Court : Chennai

Subject : Land Acquisition

Tamil Nadu represented by its Secretary to Home Department, Fort St. George, Chennai-9. 2.The Additional Director General of Prisons, Egmore, Chennai 600 008. 3.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore..Respondents Writ petition filed under Article … II and Rules 20(1) and 20(2) of Government Servant Conduct Rules and punishable under Section 54(1) of Prison Act 1894. The petitioner was on receipt of the charge memo, sought for certain documents to submit his explanation and