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K. Manohar Rao Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : ConstitutionCriminal

Acts : Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55

Reported in : 1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551

Rules are made in exercise of the power conferred on the State Government under Section 59 of the Prisons Act, 1894. Apart from the fact the very Rules expressly declare that they are made in exercise of the power

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 … 4.02.1993. 10. Concededly, the Government of India, Ministry of Home issued instructions for revising the rules made under Section 59(5) of the Prisons Act, 1894 wherein the following recommendations were made:1...'Transportation for life' or 'Imprisonment for life' should

Kishna Vs. State of Raj. and ors.

Court : Rajasthan

Subject : Civil

Acts : Prisons Act 1894 - Sections 59; Rajasthan Prisoners Open Air Camp Rules, 1972 - Rules 3, 7, 8, 9 and 10

Reported in : [2005(105)FLR616]; RLW2006(2)Raj898

counsel for the parties.6. In exercise of the powers conferred by Clause (18) of Section 59 of the Prisons Act 1894, the State of Rajasthan enacted 1972 Rules for sending convicts to open Air Camps with a view to

State of Haryana and ors. Vs. Jagdish and Harpal

Court : Supreme Court of India

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59; Criminal Procedure (Amendment) Act, 1955; West Bengal Correctional Services Act, 1992; State Re-organisation Act; Prison Rules; Rajasthan Prisons (Shortening of Sentences) Rules, 1958 - Rules 20 and 21; Code of Criminal Procedure (CrPC) - Sections 401, 432, 432(1), 433 and 433A; Indian Penal Code (IPC) - Sections 53A, 54, 55, 57, 302, 148 and 149; Constitution of India - Articles 20, 20(1), 21, 72 and 161

Reported in : 2010(2)SCALE302

the conditions contained in subsequent policies being more stringent cannot be enforced against the 'lifer'. Provisions of the Prisons Act, 1894 (hereinafter called as `Act 1894') and rules framed under it create legal right in favour of the convict. … expressly recites that the same was being issued in exercise of the powers conferred by Sub-section (1) of Section 432 read with Section 433 of Criminal Procedure Code (hereinafter called Cr.P.C.), 1973. The same further recites that … Laxman Naskar v. Union of India and Ors. : (2000) 2 SCC 595.25. In Ashok Kumar @ Golu v. Union of India and Ors. :

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 Gazette,

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,

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

Subject : Education

objects, 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 and

Government of Andhra Pradesh and anr. Vs. Anne Venkatesware and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 428; Prisons Act, 1894 - Sections 3(5) and 59; Indian Penal Code (IPC), - Sections 120-B, 121-A, 395 and 447; Preventive Detention Act; Internal Security Act; Preventive Detention Law

Reported in : AIR1977SC1096; 1977CriLJ935; (1977)3SCC298; [1977]3SCR7

trial, but accepted their contention that they were entitled to the benefit of the remission system under the Prisons Act, 1894 for the period during which they were in jail as undertrial prisoners before their conviction: Criminal Appeals Nos. … in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jail.' Section 59 of the Prisons Act provides that the State Government may make rules consistent with the Act in respect

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

Madhukar Bhagwan Jambhale Vs. State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Articles 14, 19(1), 21 and 226

Reported in : 1984(2)BomCR709

has raised certain vital issues as regards the validity of certain Rules framed under section 59 of the Prisons Act, 1894. Firstly, the Rules regarding classification of convicts as Class I and Class II prisoners on the basis of