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Azim Shah and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1982CriLJ1135

(1973 Jab LJ 451) has observed thus :Rule 2(h) of the rules framed Under Section 59 of the Prisons Act, 1894, only saya that for the purposes of the rules framed under the Act, a sentence of imprisonment for … entitled to the benefit of the ratio of Mohan Singh v. State of M. P. (1980 Jab LJ 746 :1981 Cri LJ 147) because the sentence undergone by them as on 26-1-1978 was below fourteen years, including

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

Court : Mumbai Nagpur

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 … 22 of the Remission Rules. The learned Public Prosecutor, therefore, submits that the present petition is without substance. 7. For appreciating the rival submissions, we will have to refer to Section 46(4), Section 52 and Section 59(1),

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 … A. B. Diwan who appears for the petitioner in Criminal Application No. 792 of 1975. in both of which identical questions arise, in order to

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 … Indian Penal Code, 1860 (in short 'IPC' ) by the learned Sessions Judge, Sambalpur in S.T. Case No. 70 of 1977 and was taken to jail custody on 1-9-1978. By judgment dated 23-1-1979 learned Sessions Judge found

Gauri Shanker and ors. Vs. State of U.P. and ors.

Court : Allahabad

Subject : ServiceConstitution

Acts : Uttar Pradesh Panchayat Raj Act, 1947 - Sections 25, 25(1) and 25A; Constitution of India - Articles 14 and 311

Reported in : 2005(1)AWC426

In Sunil Batra v. Delhi Administration (Supra) the Supreme Court upheld the validity off 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 … the parties.2. This special appeal has been filed against the impugned judgment of the learned single Judge dated 7.8.2004. We have heard learned counsel for the parties and have carefully perused the impugned judgment.3. The facts have

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 … lays down the condition for the Officer in charge of prison when to abstain from carrying out order. Section 7 permits examination of prisoners on Commissions. Section 8 provides that certain provisions of the Code of Criminal Procedure

Babupahalwan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59; Madhya Pradesh Prison Rules, 1968 - Rules 358, 358(1), 359 and 359(12); Madhya Pradesh Prisoners Release on Probation Act, 1954 - Sections 2, 3, 3(5) and 9(1); Madhya Pradesh Prisoners Release on Probation Rules, 1964 - Rules 3, 6, 7, 9 and 10; Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 432, 433 and 433A; Uttar Pradesh Prisoners' Release on Probation Act, 1938; Indian Penal Code; Constitution of India - Articles 72, 161, 226 and 227

Reported in : 1990CriLJ2704

under Rule 359 of M.P. Prison Rules 1968 (For brevity 'Prison Rules') framed under Section 59 of the Prisons Act, 1894 (No. 9 of 1894). Some of the petitioners applied for their release on licence under the provisions of … It may be pointed out that apart from the sovereign powers of pardons and reprieves enshrined in Articles 72 and 161 of the Constitution of India, Section 432 of the Code also confers wide powers on the

Kashinath Laxman Ingley Vs. State of Maharashtra Through the Secretary ...

Court : Mumbai

Subject : Criminal

Reported in : 2003(2)ALD(Cri)48; 2003BomCR(Cri)1387; (2003)105BOMLR832

days, the Jail Authorities in exercise of the powers conferred by Sub-section (1) of Section 11 of the Prisons Act, 1894, awarded punishment and deducted 250 days from earned remission.4. The learned Counsel for the petitioner states that the … authorities to consider the case of the petitioner on the basis of above referred observations made by us. 7. In the result, the impugned order dated 14.2.2001 passed by the respondent No. 2 is hereby quashed and

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Subject : ConstitutionCriminal

Acts : Constitution of India - Articles 19, 21, 22, 26, 27, 32, 226, 227 and 359; Maharashtra Conditions of Detention Order, 1974; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

a 'civil prisoner' within the terms of and in all respects in conformity with the provisions of the Prisons Act, 1894 and further directing the detaining authority to permit the detenu to maintain himself by receiving such funds not … Proclamation is in force or for such shorter period as may be specified in the order.Inserted retrospectively by Section 7 of the Constitution (Thirty eighth Amendment) Act, 1975.(1A) While an order made Under Clause (1) mentioning any of

Lakkhi and Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59(5); Explosive Substances Act, 1908; Indian Penal Code (IPC), 1860 - Sections 53, 55, 55A, 57, 302 and 511; Code of Criminal Procedure (CrPC) - Sections 428, 432, 433 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958 - Rules 7 8, 9, 10 and 12; Rajasthan Prisoners Release on Parole Rules, 1958 - Rules 3, 9, 10A and 15; Constitution of India - Articles 72 and 161

Reported in : 1996CriLJ2965; 1996(2)WLC613

Indian Penal Code and Constitution of India, the-other relevant statutes and rules can be said to be the Prisons Act, 1894 (Act No. 9). The Rajasthan Prisons Rules, 1958, the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 (hereinafter referred … sentence Rules') and the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Parole Rules').2. Section 53 of the IPC provides for the punishments to which the offenders are liable under the Act and … also which can be said to be elevant in this connection. Article 72 of the Constitution confers powers on the President of India to grant