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Feb 27 1991

Balasaheb Kushaba Kadam and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Feb-27-1991

Subject : Criminal

Acts : Bombay Police Act, 1951 - Sections 56, 59, 59(1), 59(2) and 62(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 107

Reported in : 1991(4)BomCR565; (1991)93BOMLR988

of Chapter V(II) of the Bombay Police Act and the provisions of Chapter VIII of the Code of Criminal Procedure 1973 are distinct and different. It is true that both are preventive in nature. But the main purpose … the Bombay Police Act and the provisions of Chapter VIII of the Code of Criminal Procedure 1973 are distinct and different. It is true that … dismissal of appeal by the State Government against the said order. He was served with a notice under section 59 of the Bombay Police Act, 1951, pointing out that the activities of the petitioner in Deolali Pravara habitation

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Dec 08 1998

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

Court : Andhra Pradesh

Decided on : Dec-08-1998

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

release - Rules 320 and 321 of Andhra Pradesh Prisons Rules, 1979, Section 433-A of Criminal Procedure Code, 1973, Section 59 (5) of Prisons Act, 1894 and Articles 72 and 161 of Constitution of India - petitioner's father-in-law aged … merely because of long accumulation of remissions. Release would follow only upon an order under Section 401 of the Criminal Procedure Code, 1898, (corresponding to Section 432 of the 1973 Code) by the appropriate Government or on a clemency order … to the 'remission granted by the Government under the provisions of the Code of Criminal Procedure.5. The functions of the Advisory Board are not clearly

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Feb 17 1977

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

Court : Supreme Court of India

Decided on : Feb-17-1977

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

Rao and N.V. Krishnaiah are allowed to the extent indicated above. Criminal - imprisonment - Section 428 of Criminal Procedure Code, 1973 and Sections 3 (5) and 59 of Prisons Act, 1894 - whether the period of detention undergone … by N.V. Krishnaiah. The High Court rejected the petitioners prayer for setting off under Section 428 of the CrPC, 1973 the periods during which they were in preventive detention against the terms of imprisonment imposed on them on

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Sep 27 1999

Devpuri Hirapuri Vs. State of Gujarat

Court : Gujarat

Decided on : Sep-27-1999

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

under this Act Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force but subject … the appeal or otherwise as also the powers of the Government under Section 432, 433 and 434 of the Criminal Procedure Code, and that Section 32A would have an overriding effect with regard to the powers of suspension, commutation and … under;'It is thus, abundantly clear that the concept of imprisonment under the Code is a well defined and well understood concept and it only means … here that the rules 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

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Jan 28 2003

P. Venkataramaiah and ors. Vs. the Station House Officer, Chittamur Po ...

Court : Andhra Pradesh

Decided on : Jan-28-2003

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 155(2), 378, 379 and 482; Andhra Pradesh Forest Act, 1967 - Sections 20, 52, 55, 59, 59(1) and 59(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2003(4)ALT494

52, 55, 59, 59 (1) and 59 (2) of Andhra Pradesh Forest Act, 1967 and Section 482 of Criminal Procedure Code, 1973 - petitioners filed petition seeking quashing of crime reported in First Information Report (FIR) - FIR discloses … on the ground that the FIR does not disclose any ingredients of Section 379 of the Indian Penal Code, 1860 ('IPC' for brevity) and also on the ground that the alleged offence has been compounded under Section

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Nov 11 1980

Maru Ram and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-11-1980

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 55, 57, 59, 59(5), 59(27), 121, 132, 295, 302, 303, 396, 401, 432 and 433; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 5, 57, 401, 432, 432(1), 433, and 433-A; Constitution of India -Article 32;

Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196

constitutional missiles in hand and demanding liberty beyond the bars. They challenge the vires of Section 433A of the Criminal Procedure Code (Procedure Code, for short) which compels 'caging' of two classes of prisoners, at least for fourteen eternal infernal … tide of human rights (1978).5. The Objects and Reasons throw light on the 'why' of this new provision:The CrPC, 1973 came into force on the 1st day of April, 1974. The working of the new Code has been … from these futurological measures, we have here an existing Central Law, viz. the Prisons Act, 1894 which in Section 59(27) expressly sanctions rules for premature re-lease. Even so, the power of the State is subject to Article 246(1)

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Feb 12 2004

State of Himachal Pradesh Vs. Dhanwant Singh

Court : Supreme Court of India

Decided on : Feb-12-2004

Subject : EnvironmentCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482; Indian Forest Act, 1927 - Sections 5, 6, 52(A), 52(B), 59, 59(A), 59(B), 59(2), 59(3) and 69; Indian Forest Act (Himachal Pradesh Amendment) Act, 1991; ;Constitution of India - Articles 32, 226 and 227

Reported in : AIR2004SC1636; 2004CriLJ1431; JT2004(2)SC367; 2004(2)SCALE423

and the directions therein shall operate so far as this appeal is concerned.12. Appeal is disposed of accordingly. Criminal Procedure Code (CrPC), 1973 - Sections 397, 401 and 482; Indian Forest Act, 1927 - Sections 5, 6, 52(A), 52(B), 59, 59(A), … said petition was directed against judgment dated 13.12.1993 of learned Additional Sessions Judge, Solan, in an appeal under Section 59(2) of the Indian Forest Act, 1927 (in short the 'Act') as amended by the Indian Forest Act (Himachal

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Nov 02 2007

State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Decided on : Nov-02-2007

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

Indian Penal Code and Section 433A of the Code of Criminal Procedure, 1973. 15. The learned Counsel would contend that the executive government of the … 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 earned such remission as entitles him to … 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 … 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

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Aug 18 1987

Assistant Collector of Customs Randi (P.), Bombay Vs. Shankar Govardha ...

Court : Mumbai

Decided on : Aug-18-1987

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 59

Reported in : 1987(3)BomCR708; 1988(15)ECC141; 1989(23)LC230(Bombay); 1988(36)ELT300(Bom)

to 3, their bail-bonds to stand cancelled.Rule absolute.9. Rule made absolute. Criminal - bail - Section 59 of Criminal Procedure Code,1973 - respondents employed in airlines - detained on ground of removing bags containing smuggled goods - contended … their bail-bonds to stand cancelled.Rule absolute.9. Rule made absolute. Criminal - bail - Section 59 of Criminal Procedure Code,1973 - respondents employed in airlines - detained on ground of removing bags containing smuggled goods - contended detention

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Sep 14 1999

State of Maharashtra and Etc. Vs. Suja Karan Rabbani and Etc.

Court : Mumbai

Decided on : Sep-14-1999

Subject : Criminal

Acts : Indian Forests Act, 1927 - Sections 2(4), 26(1), 32(1), 52(1), 55(1), 59, 61-A, 61-C, 61-G and 68; Code of Criminal Procedure (CrPC) , 1973 - Sections 457; Bombay Forest Rules, 1942; Indian Forest (Maharashtra Amendment) Act, 1984

Reported in : 2000(5)BomCR899; 2000CriLJ664

contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, any … of the aforesaid criminal case on 19-11-1996, the respondent filed an application under section 457 of Code of Criminal Procedure for the release of his cattle, i.e. sheep and goats, on supratnama. The petitioner had opposed the said … case on 19-11-1996, the respondent filed an application under section 457 of Code of Criminal Procedure for the release of his cattle, i.e. sheep and … the judgment dated 20-6-1997 that the Magistrate may pass an order of release of the seized property under section 59 of the Act are not only erroneous but misconceived. In fact, after the insertion of section 61-G in

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