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Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors. Overruled
Himachal Pradesh
Mar-14-1991
CriminalLabour and Industrial
Constitution of India - Articles 21, 23, 43 and 226; ;Prisons Act, 1894 - Sections 33 and 35; ;Minimum Wages Act, 1948 - Sections 3 and 22; ;Indian Penal Code (IPC), 1860 - Section 53
AIR1992HP70,1992CriLJ2542
Jail Manual, as applicable to Himachal Pradesh. To prescribe minimum wages for such labour of the prisoners inside the prison -- the benefit of which goes mostly to the prisoners themselves -- would adversely affect Jail Administration, discipline … work by prisoners sentenced to labour is recognized part of Jail Administration and discipline as envisaged by Prisons Act, 1894 and the Punjab Jail Manual, as applicable to Himachal Pradesh. To prescribe minimum wages for such labour of … of forced labour leaving it open to the socially or economically powerful sections of the community to exploit the poor and weaker sactions by resorting … exhaustive wage accounting scheme to the Superintendent, Open Air Jail, Bilaspur on 22-2-1986 for immediate adoption. This fact finds mention in the affidavit of Deputy
Tag this Judgment! AI Brief & AskP. Kasinathan and ors. Vs. the Chief Secretary to Government of Madras ...
Chennai
Dec-13-1965
Constitution
(1966)2MLJ53
of detention, also assailing those orders upon related grounds, such as the detention of the writ petitioners in prison against the spirit and purport of the delegated power, restrictions imposed in violation of Section 44 of the … : (1941)1MLJ1 . Reference has also been made to the following enactments, namely, the Prisons Act IX of 1894, Section 3 of the Prisons Act III of 1900, and Madras Regulation II of 1819. But, these laws may … M. Anantanarayanan, J.1. This group of Writ Petitions under Article 226 of the Cons titution for the issue of writs of habeas corpus
Tag this Judgment! AI Brief & AskShalik Maruti Kowe (In Jail) Vs. State of Maharashtra, Through Its Sec ...
Mumbai Nagpur
Apr-08-2014
Land Acquisition
the Prisons Act and, therefore, since a penalty is provided under Section 224 of the Indian Penal Code, the Prison Authorities have no jurisdiction to impose the penalty on the petitioner for escaping from the prison. The learned … have to refer to Section 46(4), Section 52 and Section 59(1), (3), (4) and (5) of the Prisons Act, 1894. Section 46(4) reads as under :- œS. 46. Punishment of such offences.” The Superintendent may examine any person touching … order dated 19.6.2012 passed by the respondent no.3 and the order dated 22.6.2012 passed by the learned In-charge Principal District and Sessions Judge, Amravati, the
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Shafi VazruddIn Qureshi Vs. State of Maharashtra, Through the Secretar ...
Mumbai
Feb-15-2013
Land Acquisition
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 … Petitioner was directed by the State to be prematurely released after completion 22 years of imprisonment. If remissions are counted then the Petitioner has already
Tag this Judgment! AI Brief & AskSahebrao Tukaram Juware (Convict) Vs. State of Maharashtra and anr.
Mumbai
Aug-17-2007
Criminal
Prisons Act, 1894 - Sections 51B; Prison (Bombay Furlough and Parole) Rules, 1959 - Rules 4(4), 19, 22, 22(1) and 22(2)
2008CriLJ134
to be rejected on the basis of the adverse police report in view of the Rule 4(4) of the Prison (Bombay Furlough and Parole) Rules, 1959 hereafter referred to as 'the 1959 Rules'. Learned Counsel for the petitioner … of any of the conditions of parole are liable to be punished under Section 51-B of the Prisons Act, 1894, as applicable to the State of Bombay.(2) The District Superintendent of Police concerned or the Commissioner of Police, … high security risk of the petitioner).4. For any other sufficient cause.8. Rule 22 of the 1959 Rules deals with the procedure required to be followed
Tag this Judgment! AI Brief & AskN. Bhuvaneswari Vs. The State of Tamil Nadu, represented by its Secret ...
Chennai
Aug-30-2016
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 … (Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the third
Tag this Judgment! AI Brief & AskHusseIn Khan Mohamed Khan Vs. the State of Maharashtra
Mumbai
Mar-26-1979
Criminal
(1980)82BOMLR262
sentenced to imprisonment shall be deemed to be a convicted criminal prisoner within the meaning of the Prisons Act, 1894, and shall be governed by the provisions of that Act and the rules made thereunder during the term … (2) - Maintenance of Internal Security (Maharashtra Conditions of Detention) Order, 1971, Clause 37--Prisons Act (IX of of 1894), Section 3(2), (3)--When does the custody of a security prisoner gets itself converted into that of a convicted criminal … 1976. He continued to be so' detained under that Act till February 22, 1977 when he was released from the MISA detention.7. The petitioner filed … and the petitioner-accused was sought to be detained as a convicted criminal prisoner under the High Court order for conviction.6. During this period when the
Tag this Judgment! AI Brief & AskAsha Ranjan Vs. State of Bihar and Ors.
Supreme Court of India
Feb-15-2017
Land Acquisition
the prisoner from that prison to any prison in the other State. (2) The officer in charge of the prison to which any person is removed under sub-section(1) shall receive and detain him, so far as may be, … Town; 229/05; |341/302/307/34 IPC | | |25.10.05 | | |18 |Muffasil PS; 333/11; |188 IPC & 52 Prisoner Act 1894 | | |0510.11 |u/s 420/468/471 IPC | |19 |Muffasil PS; 56/07; |147/149/341/342/323/307/337 IPC | | |20.03.07 | | … PS; 131/06; |189/353/506 IPC | | |17.06.06 | | |16 |Muffasil PS; 225/11; |353/504/506/34 IPC | | |12.07.11 | | |17 |Siwan Town; 229/05; |341/302/307/34
Tag this Judgment! AI Brief & AskRamchandra Raghu Naik Vs. State of Maharashtra
Mumbai
Feb-25-2005
Criminal
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
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 … Chapter XVII thereof deals with the subject of writ petitions under Articles 226 and 227 of the Constitution of India. The Rule 1 of Chapter
Tag this Judgment! AI Brief & AskDevpuri Hirapuri Vs. State of Gujarat
Gujarat
Sep-27-1999
NarcoticsCriminal
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
(1999)3GLR880
to earn remission by good conduct and industry. It has been gradually extended and remission of one-third of the prison sentence is now given automatically (except in short sentences) subject to forfeiture of a period of this remission … 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 may, by notification in the Official
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