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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 … of 1990 reported at Wanwadi police station in a sessions trial no 44 of 1991 tried by the Sessions Court Pune, and on 30-06-1994 convicted

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

Azim Shah and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1982CriLJ1135

as envisaged by Rules 358 and/or 698 made in exercise of powers conferred by Section 50 of the Prisons Act No. IX of 1894, known as Jail Manual and in the manner indicatled therein.4. It is not … 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 … IV (Admission, Custody, Employment, Dieting, Treatment and Release of Prisoners) placed in Chapter II, reads as under :R. 358. - (1) When a prisoner has

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

Subject : Miscellaneous

of work connected therewith, as may be assigned to him by the Inspector General, from time to time.65. Chapter 4 deals with the Superintendent of the Central Prison and Borstal Schools, Pudukkottai. Rule 20 is as follows:- ?.20.General … Police, Central Prison, Trichy and finding him guilty, for having committed the prison offence, Under Section 45 of the Prison Act, 1894 (Central Act IX of 1894) r/w. Rules 297(8), (ii), (44) and 57 of Tamil Nadu Prison Manual Volume

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 … 1 and 2 in this case have filed an application under Section 482 Cr. P.C. which contains the following prayer '...the order dated 30-8-1999 issuing

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 … through one Ms. R. B. Bara, Deputy Secretary, Home Department, Sachivalaya-Gandhinagar dated 4th July, 2001 along with Annexure-1 which is letter dated 20th October, 2000

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 … of prisons is admissible under the European Convention on Human Rights. Article 4 of this Convention provides as under :-'1. No one shall be held

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 … Devinder Gupta, C.J.1. The petitioner who claims to be a public-spirited person, swayed by News item that only 46 prisoners were released out of more than 500 such eligible persons aftercompletion of ten years of sentenceincluding remission,

Acharaparambath Pradeepan and anr. Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 30(2); Kerala Prisons Rules, 1958 - Rule 781; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 366 and 366(2)

Reported in : 2004CriLJ755

:--'30. Prisoners under sentence of death.--(1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from … jail under a warrant. They were confined in condemned cell as provided under Section 30(2) of the Prisons Act, 1894 read with Kerala Prisons Rules, 1958. It is the contention of the petitioners that the sentence of death … Rules, 1958 (in short Rules) deals with prisoners sentenced to solitary confinement. Chapter XLVIII deals with prisoners sentenced to death. Rules 780 and 781 of … the sentence which was otherwise dead on account of remission under Section 401. Cr. P.C. Therefore, the prisoner can be said to be under the

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

under the orders of the Magistrate as already indicated by us.21. We direct all ranks of police and the prison authorities to meticulously obey the above-mentioned directions. Any violation of any of the directions issued by us by … 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 … judgment of My Lord the Chief Justice holding that the respondent No. 4-Constable was not guilty of contempt and that no case was made out