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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 … 93 days' of overstay whereas the petitioner in Criminal Writ Petition No. 81 of 2005 came to be arrested after 604 days' of overstay.4. At

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

Subject : Right to Information

the orders of the Inspector General.231 The Chapter further provides for provisions regarding jailers, 231 Section 11, Prisons Act, 1894. 88 PART XIII medical officers and subordinate officers, including convict officers. Chapter V of the Act contains provisions … states and UTs and the DG/IG Prisons of all States and UTs to ensure that the State Prison Manual/Prison Act should not contain any discriminatory provisions. She further argued that “prisons, reformatories, Borstal institutions and other institutions of … on Social Protection in Post-Independence India .................... 77 XIII. Impugned Provisions ...................................................................................... 88 2 XIV. Prison Manuals and the Legacy of Discrimination ........................................ 105 XV.

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 … following prayer '...the order dated 30-8-1999 issuing warrant 'B' Case Crime No. 88 of 1999 under Section 395/412, I.P.C, Police Station Govind Nagar, Mathura passed

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 … in the meanwhile to pay the prisoners at the rate of Rs. 8 per day until Government is able to decide the appropriate wages to

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)

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 … uniform standards may not be possible while exercising the power of pardon.” 8. This court in the ruling in Sk Jakir Sk Babu vs. State

N. Bhuvaneswari Vs. The State of Tamil Nadu, represented by its Secret ...

Court : Chennai

Subject : Land Acquisition

still retain the residue of constitutional rights. 23 "Prison" has been defined in Section 3(1) of the Prisons Act, 1894 as any jail or place used permanently or temporarily under the general or special orders of State Government … sentence of a court or 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 Act, 1871. The corresponding provision in … convict prisoner and it will not apply to a remand prisoner . 8. This Court gave its anxious consideration to the rival submissions. 9. It

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

State of Andhra Pradesh Vs. Challa Ramkrishna Reddy and ors.

Court : Supreme Court of India

Subject : ConstitutionLimitation

Acts : Limitation Act, 1963 - Schedule - Articles 2, 72 and 113; Constitution of India - Articles 19 and 21; Madras Prison Rules - Rules 48; Prisons Act, 1894 - Sections 3(1); Code of Criminal Procedure (CrPC) ; Prisoners Act, 1871; Crown Proceedings Act, 1947; Law Reform (Contributory) Negligence Act, 1945

Reported in : II(2000)ACC18; 2001ACJ1014; JT2000(6)SC334; 2000(4)SCALE471b; (2000)5SCC712; 2000(2)LC1267(SC)

prisoners still retain the residue of constitutional rights.23. 'Prison' has been defined in Section 3(1) of the Prisons Act, 1894 as any jail or place used permanently or temporarily under the general or special orders of State Government … sentence of a court or court martial and includes a person detained in prison under the provisions of Chapter VIII of the CrPC, 1882 or under the Prisoners Act, 1871. The corresponding provision in the new CrPC … Bhagwati, J. (as he then was) observed at Page 753 in Para 8 as under:The same consequence would follow even if this problem is considered

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

Subject : Miscellaneous

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 … effective control over the prisoners, in the prisons. They are responsible for the internal management of the prison.47. Chapter II deals of the Prisons Act, 1984, deals with maintenance of officers of Prisons. Sections 4 and 5