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Tmt. Rohini Lingam Vs. State Represented by the Secretary to Governmen ...

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 147, 148, 302, 307, 332, 324, 342 and 448; Arms Act, 1959 - Sections 25(1); Indian Explosive Substances Act - Sections 56; Prisons Act, 1894 - Sections 3(1), 4, 19, 20, 59 and 59(8); Prisoners' Act, 1900; Tamil Nadu Prison Rules, 1983 - Rules 1, 32, 34, 44 and 71; Code of Criminal Procedure (CrPC) , 1882 - Sections 541; Constitution of India - Articles 9(5), 21, 32 and 226

Reported in : (2008)5MLJ822

is also relevant to find out some more factual aspects and provisions of the relevant statutes. Under the Prisons Act, 1894 the term 'prison' is defined under Section 3(1), which is as follows:Section 3(1) 'Prison' means any jail or … during 1996 pending investigation. He was confined in the Sub Jail, Nagercoil as trial prisoner in Cell No. 8. The application for bail filed for the petitioner's husband was dismissed and therefore, he was in the Sub

Vikram Aditya Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 8, 8(1) and 19; Prisons Act, 1894 - Sections 30, 30(2) and 56; Delhi Hindu Marriage Registration Rules, 1956

Reported in : AIR2007Delhi101; 2006(92)DRJ650

of the said judgment reads as follows:34. Batra puts in issue the constitutionality of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobraj impugns the virus of Section 56. But, the Court does not 'rush … of Clause 7 in Form A of the Delhi Hindu Marriage Registration Rules, 1956, as being ultravires of Section 8 of the Hindu Marriage Act, 1955 as well as being contrary to the mandate of the judgment of

Rapti Commission Agency Vs. State of Uttar Pradesh and ors. Overruled

Court : Allahabad

Subject : Other Taxes

Acts : Uttar Pradesh Trade Tax Act, 1948 - Sections 2, 8E, 13A and 13A(1A)

Reported in : [2004]134STC436(All)

Sunil Batra v. Delhi Administration : 1978CriLJ1741 the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentences of death in a cell and Section 56 … M.Katju, J.1. In this bunch of writ petitions the petitioners have challenged the constitutional validity of Section 8-E of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') which has been inserted by

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 … 10 District Jails and 7 Central Prisons in the State of Andhra Pradesh and by virtue of Rule 8 of the Prisons Rules, convicts who are sentenced to imprisonment upto 2 years are confined in the District

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

Prison Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Sections 30 and 56 of Prisons Act, 1894 (the Act, hereafter). The Petitioners invoke Articles 14, 21 (and 19, in the case of Batra) of the … are now lodged, and the Prison Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Sections 30 and 56 of Prisons Act, 1894 (the Act, hereafter). The Petitioners invoke Articles 14, 21 (and 19, … dwindled in scope. A few sharp passages from Eve Pall 417 US 817 41 Ed. 2d. 495 opinions and some telling observations from Charles Wolff

Rajib Mukhopadhyaya and ors. Vs. Registrar Cooperative Societies

Court : Delhi

Subject : Trusts and Societies

Acts : Delhi Cooperative Societies Act - Sections 4, 13(8), 13(9), 20(1) and 97; Societies Registration Act; Prisons Act, 1894 - Sections 3, 29, 30, 30(2) and 56; Delhi Cooperative Societies Rules, 1973 - Rules 24(2), 34A, 36A and 41A; Constitution of India - Articles 12, 19, 19(1), 19(4) and 31A(1)

Reported in : 141(2007)DLT321; 2007(97)DRJ273

of the said judgment reads as follows:34. Batra puts in issue the constitutionality of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobraj impugns the virus of Section 56. But, the Court does not 'rush … as follows:-(i) Voluntary and open membership;(ii)Democratic control;(iii)Limited interest on capital;(iv)Equitable division of surplus;(v)Co-operative Education;(vi)Co-operation among cooperatives.85. At page 82 of the judgment it was observed by the learned single Judge in Navjivan Cooperative Society's case, while referring

R.P. Vaghela Vs. State of Gujarat

Court : Gujarat

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

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

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 … order rejecting the respondent's request was illegal. The Supreme Court rejected (para. 8) the contention of the learned Additional Solicitor General that the Conditions of … 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

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 … 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 and Civil Procedure Code 1908 shall so far

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

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 … allowed. Thereafter the petitioner filed another application for subsequent leave under Rule 8 of the Rules. The said application was returned by the Inspector General … J. 1. Both these petitions are disposed of by this common order.2. Petitioner Ram Sewak was convicted under Section 302 of the Indian Penal Code and was sentenced for life imprisonment by Additional Sessions Judge, Damoh by