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Bhanudas Krishna Gawde Vs. K.G. Paranjape and ors.

Court : Mumbai

Subject : Criminal

Reported in : 1976CriLJ534

Detention which governed the case enabled the government to prevent the respondent from sending his manuscript out of the prison for publication. On these ground;- it was submitted that the Government's order rejecting the respondent's request was illegal. … civil prisoners in accordance with the rules contained in the Jail Manual or rules made under the prisons Act. 1894, and in conformity with that Act; and (c) requiring the respondents not to put the detenu in solitary … Clauses 9 (iii). 10, 12 (ii) and (xi). 15, 19. 20, 21, 23, 24 and 31. It may be clarified that in the present petition … dated the 19th of December. 1974. made by the first respondent under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling

Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors. Overruled

Court : Himachal Pradesh

Subject : CriminalLabour and Industrial

Acts : 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

Reported in : 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 … values, prescribes fair procedure and forbids arbitrariness, barbarities, punitive or processual. Article 23 prohibits forced labour when it says:'23. Prohibition of traffic in human beings … 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

Khaliquz-zaman Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Land Acquisition Act - Sections 40(1); Kerala Tax Rules, 1959 - Rule 12; Uttar Pradesh Municipalities Act, 1916 - Sections 9, 13B 54, 54(1), 54(2), 54(3), 56, 86 to 88 and 104; Rajasthan Municipalities Act - Sections 65; Hindu Women's Rights to Property Act, 1947; Constitution of India (74th Amendment) Act, 1992; Uttar Pradesh Municipalities (Amendment) Act, 2001; Rajasthan Nathdwara Temple Act - Sections 16; ;Constitution of India - Articles 14, 19 19(1), 19(2), 21, 25, 26, 30 31(2), 243R, 243R(2), 243S 243ZA and 289; ;Punjab Municipal Corporation Act, 1976 - Sections 23; ;Indian Penal Code (IPC) - Sections 124A; Prisons Act, 1894 - Sections 30(2); Bihar Sales Tax Act, 1947; Calcutta Municipality Act - Sections 548; Municipal Laws

Reported in : 2005(1)AWC696; (2005)2UPLBEC1200

(supra) the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence … Sunil Batra v. Delhi Administration (supra) the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence of death in a cell and Section 56 … Constitution, and hence, the narrower construction was adopted.37. In Indian Oil Corporation v. Municipal Corporation : AIR1993SC844 , Section 23 of Punjab Municipal Corporation Act, 1976, which empowered the Corporation to levy octroi on articles and animals 'imported

P. Pugalenthi Vs. the State of Tamilnadu Rep. by the Secretary, Home D ...

Court : Chennai

Subject : Criminal

Acts : Advocates Act, 1961; Prison Act, 1894 - Sections 23 and 45; Indian Penal Code; Bar Council of India Rules; Tamil Nadu Prison Rules, 1983 - Rules 210, 297, 343, 344, 349, 354 and 359; Constitution of India - Article 226

Reported in : 2010CriLJ135

above named three convict warders and the said Chinnapapa for committing prison offences contemplated in Section 45 of the Prison Act, 1894 and Rule 297 of the Rules and deal with them in accordance with law.This Habeas Corpus Petition is … barbaric act of attack and insult on the victim, would not have found place in such appointments.20. Under Section 23 of the Prisons Act, 'the prisoners who have been appointed as officers of prisons shall be deemed to

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

Court : Mumbai

Subject : 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 … no 114 of 2004 when this Court had extended the parole for 23 days more. However, the Petitioner had overstayed despite direction by this Court

Sendhaji Mathurji and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1981)22GLR451

imprisonment for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has … for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has served jail … the respondent was entitled to be released 0.1 completing the terra of 23 years including the remissions'.11. The next decision is in SambhaJi Krishan Ji

Kashinath Laxman Ingley Vs. State of Maharashtra Through the Secretary ...

Court : Mumbai

Subject : Criminal

Reported in : 2003(2)ALD(Cri)48; 2003BomCR(Cri)1387; (2003)105BOMLR832

are also required to see if the cause is legitimate and the prisoner is prevented from returning to the prison within the stipulated period, for such a legitimate cause and if he has made an application well in … the Jail Authorities in exercise of the powers conferred by Sub-section (1) of Section 11 of the Prisons Act, 1894, awarded punishment and deducted 250 days from earned remission.4. The learned Counsel for the petitioner states that the … (Prisons) vide order dated 8.11.2000 and was required to be surrendered on 23.11.2000. The learned Counsel contended that the petitioner could not surrender on the

Devpuri Hirapuri Vs. State of Gujarat

Court : Gujarat

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

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

Gauri Shanker and ors. Vs. State of U.P. and ors.

Court : Allahabad

Subject : ServiceConstitution

Acts : Uttar Pradesh Panchayat Raj Act, 1947 - Sections 25, 25(1) and 25A; Constitution of India - Articles 14 and 311

Reported in : 2005(1)AWC426

(Supra) the Supreme Court upheld the validity off Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence … Sunil Batra v. Delhi Administration (Supra) the Supreme Court upheld the validity off Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentence of death in a cell and Section 56 … Constitution, and hence the narrower construction was adopted.34. In Indian Oil Corporation v. Municipal Corporation : AIR1993SC844 . Section 23, of the Punjab Municipal Corporation Act, 1976 which empowered the Corporation to levy octroi on articles and animals

State of Maharashtra Vs. Prashram Jagannath Aute

Court : Mumbai

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 9, 18, 23, 24 and 90(7); Punjab Good Conduct Prisoners (Temporary Release) Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 302 and 389

Reported in : AIR2007Bom167; 2007(5)ALLMR711; 2007(5)BomCR847; 2007(5)CTC97; [2008(1)JCR431]; 2007(5)MhLj403

market value of the land which had been acquired in consonance with the provisions of the Land Acquisition Act, 1894, hereinafter referred to as 'the Act', expressed certain reservations in applying the principle enunciated by a Division Bench … payable to the claimants in furtherance to the reference made to it under Section 18 of the Act. Section 23 provides guidelines, which would be taken into consideration by the Court of competent jurisdiction while determining the compensation … the Legislature under Sections 3 and 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act. This Act is limited in its operation and scope.