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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

Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Prisoners … should be returned to the Court which had issued it after execution by the Officer In charge of the Prison.14. It follows, therefore, that unless the Officer in charge of the Prison is otherwise required by some law … 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 law … Section 482 Cr. P.C. which contains the following prayer '...the order dated 30-8-1999 issuing warrant 'B' Case Crime No. 88 of 1999 under Section 395/412,

Santosh BhagwandIn Bachharaj Vs. Superintendent, Central Prison

Court : Mumbai

Subject : Criminal

Acts : Prisons (Bombay Furlough and Parole) Rule, 1959 - Rule 4(10); Statutory Rules - Rule 2

Reported in : 2003(4)MhLj349

that on earlier occasions, the applicant/accused had availed furlough leave, but he was unable to report back to the prison in time and hence the prison authority awarded him punishment by way of deduction in remission and, therefore, … 2nd July, 1964 in exercise of the powers conferred by Sub-section (1) of Section 11 of the Prisons Act, 1894 (IX of 1894).8. It is also pertinent to note that In-charge Superintendent of Police, Yavatmal had submitted his … as per the provision contained in Sub-rule (10) of Rule 4 of Chapter 37 of The Prisons (Bombay Furlough and Parole) Rules, 1959. Sub-rule (10) … that the accused has been convicted of the offence punishable under Section 302 of Indian Penal Code, by the learned Additional Sessions Judge, Yavatmal on

Ramchandra Raghu Naik Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Bombay High Court Appellate Side Rules, 1960 - Rules 1 and 2II; Prison (Bombay Furlough and Parole) Rules, 1959 - Rules 3, 3(1), 3(2), 4, 4(10), 9 and 18; Prisons Act, 1894 - Sections 48A; Constitution of India - Articles 20(2), 226 and 227

Reported in : 2005(3)MhLj933

the discretion has to be exercised judiciously. In a case where a prisoner does not report back to the prison after the expiry of the furlough leave period and overstays for a period of 93 days or 604 … for furlough leave by applying Rule 4(10) of the Furlough Rules.12. Referring to Section 48A of the Prisons Act, 1894, it was sought to be contended that the petitioners having been already punished under the said provision of … clause cannot be read ignoring the main portion of Rule 2 of Chapter I of the said Rules. The same reads that:--'2. Matters disposed of … sought to be curtailed by specific provisions in that regard.13. The Rule 3 of the Furlough Rules deals with the subject of entitlement of furlough.

State of Gujarat and Anr. Vs. Hon'ble High Court of Gujarat

Court : Supreme Court of India

Subject : Labour and IndustrialConstitution

Acts : Constitution of India - Articles 4, 17, 18, 21, 23, 24 and 300A; Indian Penal Code (IPC) - Sections 53, 55, 60, 148, 149, 325 and 374; Minimum Wages Act, 1948 - Sections 3, 5, 12 and 59; Minimum Wages (Central) Rules; Code of Criminal Procedure (CrPC) - Sections 357; Kerala Prison Rules - Rule 384; Travancore-Cochin Prisons Act, 1950; Uniform Crime Victims Reparation Act

Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)

entitle the prisoner to the social and legislative benefits which a free employee gets outside the walls of the prison. The picture endeavoured to be portrayed before us, in support of the contention, is that in a country … prisoners have no right to claim wages at all except those provided under the provisions of the Prisons Act, 1894 and the rules made thereunder and non-payment of wages to prisoners undergoing sentence of imprisonment with hard labour … imprisonment. Section 53 of the Indian Penal Code which falls under the Chapter entitled 'Of Punishments' vivisects punishments into five categories, of which the category … 26,300 the actual number of internees during first half of 1996 was 36,700. In Madhya Pradesh the figure is 27,300 as against a prison capacity

Ramesh Lallu Jakhra Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1989)2GLR850

Martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Prisoners … the State Government concerned depending upon the nature of remission. These powers flow from the provisions of Prisons Act, 1894. As far as the power to grant furlough is concerned, it is as per the provisions of 'the … the Act. Dictionary of the Act is to be found in Section 3. Section 3(2) defines criminal prisoner and Section 3(3) defines convicted criminal prisoner. … A.P. Ravani, J.1. While granting furlough leave as provided under the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959 (for short 'the Rules') is the Inspector General of Prisons who is

Aniruddhsinh Mahipatsinh Jadeja Vs. State of Gujarat and ors.

Court : Gujarat

Subject : CriminalConstitution

Acts : Constitution of India - Article 21; Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 18(2) and 19; Code of Criminal Procedure (CrPC) , 1898 - 268(1)

Reported in : (2002)1GLR594

run to his rescue. There is a warrant for this vigil. The Court process casts the convict into the prison system and the deprivation of his freedom is not a blind penitentiary affliction but a belighted institutionalisation geared … prisoner's sentence.XXX XXX XXX XXX XXX The experience has shown that the system has worked satisfactorily. The Prisons Act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it. In … order under Section 268(1) of the Cr.P.C. He also submitted that mobile chapter, when the petitioner was produced before the C. J. M., at Rajkot … relevant observations are quoted as under :-[D] Constitution of India, Articles 19, 32, 226 - Prison excesses- Rights of Prisoner and Duties of the Court.Where

Shafi VazruddIn Qureshi Vs. State of Maharashtra, Through the Secretar ...

Court : Mumbai

Subject : Land Acquisition

instead wore civil dress. The Petitioner was proceeded under Rule 5(iv) in chapter 27 of the Maharashtra Prison Manual for his blameworthy conduct and his … was required to perform marriages of his two sisters. Approval was not obtained from the Sessions Judge for the Prison punishment. The Petitioner was transferred to Kolhapur central Prison, Kalamba, Kolhapur for some time. In 2003-2004, the Petitioner … 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 … on record. 2. The Petitioner was prosecuted pursuant to the FIR no. 355 of 1990 reported at Wanwadi police station in a sessions trial no

Suo Motu Vs. the State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B and 302; Code of Criminal Procedure (CrPC) - Sections 389; Prisons Act, 1894 - Sections 3, 4, 4(1), 6, 7, 13, 14, 18, 22, 24(2), 24(3), 26, 37, 38, 39 and 59; Prisoners Act, 1900 - Sections 29(1); Gujarat [Removal of Prisoners] Order, 1976; Prisoners Rules, 1973; Prison Regulations; Constitution of India - Article 21

Reported in : (2005)3GLR2088

we may first of all turn our attention to certain relevant provisions of the prison legislations.7.2. The Prisons Act, 1894 provides for appointment of officers of prisons including Medical Officer. Section 6 reads as under :-'6. Officers of … responsibilities.7.4. Keeping in view and in consonance with the same, in the jail manuals certain provisions are incorporated. Chapter 20 of the Bombay Jail Manual [Edition of 1955] prescribed by the erstwhile Government of Bombay contains provisions … been convicted for a serious offence like murder and conspiracy under section 302 and 120B of the Indian Penal Code [for short 'IPC'] and he

D. Rajasekhar Vs. Govt. of Andhra Pradesh, Home Dept.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Constitution of India - Article 14 and 21; Indian Penal Code (IPC), 1860 - Sections 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 433 and 433A

Reported in : 2004(1)ALD(Cri)894; 2004(3)ALT723

offences not punishable with death.10. A.P. Prison Rules, 1979 were framed in exercise of powers under the Prisons Act, 1894 and Prisoners Act, 1900. Chapter XXI of the said Act governs grant of remission to prisoners. Rule 320 … persons all over the State who were convicted for various offences including for the offences punishable under Sections 302 and 304 read with Sections 148, 149 IPC and were sentenced to undergo imprisonment for life. By virtue

RajahuseIn GulamhuseIn Lakhani Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1976CriLJ1294

dismissed by the Supreme Court on October 14, 1968-He is now suffering the sentence in Nasik Road Central Prison, Nasik.2. He has filed the above Application, claiming the benefits under Section 428 of the Code of Criminal … 736 (SC), where in respect of a somewhat similar claim made under the Rules framed under the Prisons Act, 1894, which enabled such a prisoner, who is sentenced to life imprisonment, to earn remissions which would be given … term not exceeding fourteen years or for fine.He has also submitted that Chapter III of the Indian Penal Code, makes a distinction between the 'imprisonment … Lakhani, was convicted, in Criminal Appeal No. 953 of. 1966, under Section 302 of the Indian Penal Code; and sentenced to suffer imprisonment for life,