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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 … in force but subject to the provisions of section 33 no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.'It might be noted that the aforesaid provision begins with the non-obstante

Abdul Wahid Alias Jhunna Mian Vs. the State of Bihar and ors.

Court : Patna

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 27, 40 and 49

the significance of the question involved, we would like to refer to the relevant provisions of the prisons Act, 1894 and the Bihar Jail Manual, and also to some of the decisions of the Apex Court on the … procedure established by law' in Article 21 mandates.7. Adverting now to the Prisons Act it would appear that Section 27 of the Act provides for classification of the prisoners into four categories for the purpose of their confinement, … 1. The petitioner is an under-trial prisoner in Bagaha Sub-Jail in connection with Sagaha P.S. Case No. 47/ 2002.

Jaswantlal Harjivandas Dholakia Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : (1978)80BOMLR411; 1978MhLJ672

This criminal application is registered on the basis of a letter received from the Superintendent Nasik Road Central Prison, Nasik, who sought clarification regarding the set off to be granted to prisoner Jaswantlal Harjivandas Dholakia. It appears … relevant time he was undergoing substantive jail sentence as a convicted criminal prisoner. Section 3(3) of the Prisons Act, 1894 defines the term 'convicted criminal prisoner' and Section 27(1) of the said Act provides for their separation. Separate

State Vs. Santokh Singh

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1956CriLJ619

between a 'Prison' and a 'Police lock-up'. In my opinion, he is again mistaken. Section 3(1)(a), Indian Prisons Act, 1894 (Act No. 9 of 1894), which has been made applicable to Madhya Bharat State by virtue of the … person detained in prison under the provisions of Chap. VIII, Criminal P.C. 1882, or under the Prisoners Act.Section 27 then lays down that 'Civil prisoners' shall be kept apart from Criminal prisoners and un-convicted criminal prisoners from

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

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 … some recovery or incriminating circumstances are pointed out by such an accused. For ready reference, the provisions of Section 27 of the Indian Evidence Act may be noticed.When any fact is disposed to as discovered inconsequence of information

Bhikhabhai Devshi Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 28, 48A and 59; Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 3, 4(10) and 19

Reported in : AIR1987Guj136; (1987)2GLR1178

particularly its latter part or whether the word 'shall' can be construed as 'may' so as to enable the prison authorities to consider the request for furlough of a prisoner who has surrendered late after release on furlough … parole and furlough rules are framed in exercise of powers under Ss. 59(5) and 28 of the Prisons Act, 1894. Section 3 defines various terms in the Act and Cls. (5A) and (5B) of S. 3 define furlough system, … the Statement of Objects and Reasons for Bombay (Prisons Amendment) Act No. 27 of 1953, the Jail Reforms Committee had recommended and the Govt. accepted

State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 59(5); State Reorganisation Act; West Bengal Correctional Services Act, 1992 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 401; Indian Penal Code (IPC) - Sections 54 and 55; Constitution of India - Articles 14, 20(1), 21, 32, 72 and 161; West Bengal Jail Code; Prisons Rules - Rules 2, 20 and 21; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 432, 433 and 433A; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : 2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988

convicts, who are dangerous and hardened criminals as evidenced for example from cumulative sentences, persistent bad conduct in the prison and those who could not for some definite reasons be prematurely released without danger to public safety.After undergoing … been dismissed. 3. The State of Punjab in exercise of its power conferred upon it under the Prisons Act, 1894 made rules. They have statutory force. Sub-rules (a), (b), (c), (d) and (f) of Rule 2 read as … the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by … when the respondents were convicted, the Rules which were applicable were of 27.02.1984; relevant portion whereof is as under:The Haryana Government vide letter No. 7483/2JJ/77/30099

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 … some time. In 2003-2004, the Petitioner was released on furlough leave on 27-11-2003. He had returned late by 14 days on 14-02-2004 for which 56

Fousia Rabins vs Joint Secretary (Cofeposa)

Court : Kerala

is a serious risk of harm to the detenus detained under the COFEPOSA Act. Though entire inmates in the prison have taken vaccination as directed by the jail authorities, the said Murukan is not willing to receive vaccination … st respondent to the 2nd respondent, but that has not been considered atall. Section 3(2) of the Prisons Act, 1894 categorises 'criminal prisoner' as a person duly committed to custody under the writ, warrant or order of any … same State or in another State by order of the appropriate government. Reference has also been made to Section 27(3) and (4) of the Prisons Act, 1894 and it is submitted that unconvicted criminal prisoners shall be kept

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Subject : ConstitutionCriminal

Acts : Constitution of India - Articles 19, 21, 22, 26, 27, 32, 226, 227 and 359; Maharashtra Conditions of Detention Order, 1974; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

struck down and directions issued requiring the detaining authority to keep the detenu under detention as a 'civil prisoner' within the terms of and in all respects in conformity with the provisions of the Prisons Act, 1894 … 'civil prisoner' within the terms of and in all respects in conformity with the provisions of the Prisons Act, 1894 and further directing the detaining authority to permit the detenu to maintain himself by receiving such funds not … Constitution having been suspended by virtue of the Presidential Orders dated June 27. 1975 and January 8, 1976 issued under Clause (1) of Article 359 … persons who are detained under orders of the appropriate authorities made Under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities