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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

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, … 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

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

Subject : Education

the 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 and … the offences punishable inter alia under section 366 of Indian Penal Code. 5] The petitioner was lodged in the prison; has undergone substantial sentence. According to him, he applied for furlough leave but that application was rejected on

S.Nalini Vs. State

Court : Chennai

Subject : Land Acquisition

of 2010 was registered for offences under Sections 353, 186 and 201 IPC read with Section 42 of the Prison Act, 1894. 5.Ultimately, in the enquiry conducted by the Jail Superintendent, under Rule 302 (b)(7).the petitioner was awarded the major … judicial forum. Further, the punishment of permanent reduction from 'A' class to 'B' class awarded to her on 28.5.2010 has been set aside by a Division Bench of this court on 15.3.2012 in H.C.P.No.1357 of 2011 filed

Dinesh Kumar and Others Vs. Govt. of Nct of Delhi

Court : Delhi

Subject : Education

order to be eligible to obtain furlough, the prisoner must fulfill the following criteria:- 26.1 Good conduct in the prison and should have earned three „Annual Good Conduct Remissions‟and continues to maintain good conduct; 26.2 The prisoner should … furlough. The Full Bench held that such a provision was not inconsistent with Section 48A of the Prisons Act, 1894. The Court held that as far as the first part of Rule 4(1) is concerned, in respect of … the Additional Sessions judge and sentenced to rigorous imprisonment for life on 28.4.2004 The petitioner was also convicted under Section 302 IPC in case FIR

Bans NaraIn Yadav Vs. State of U.P. and ors.

Court : Allahabad

Subject : Service

Acts : Prisons Act, 1894 - Sections 10, 59(1) and 59(28); General Clauses Act, 1897 - Sections 16

Reported in : AIR1977All6

without any order as to costs. Service - prison rules - Sections 10 and 59 (28) of Prisons Act, 1894 and Rule 1135 of Chapter XII of Jail Manual U.P. - Rule provides power to Government to make … opposite parties strongly refuted the suggestion and argued that the source of authority for the rule lay in Section 59(10) of the said Act. Section 59(10) authorises the State Government to make rules consistent with the Act:--'For

S. Sant Singh @ Pilli Singh Vs. Secretary, Home Department, Government ...

Court : Mumbai

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 51B, 59; Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 8(5), 10,11, 12 and 18 to 28; Prisons (Bombay Furlough and Parole) (Amendment) Rules, 1989 - Rule 19; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 389, 389(1), 401, 426, 432 and 433

Reported in : 2006CriLJ1515; 2006(2)MhLj422

convicted persons. In exercise of powers conferred by clauses (5) and (28) of Section 59 of the Prisons Act, 1894 (IX of 1894), in its application to the State of then Bombay, the Government of then Bombay framed … convict prefers an appeal before the Appellate Court, that would not divest the Government of its powers under the Prison Act to deal with the management of the convict by following the rules framed under the said Act.27. From

Sharad Devaram Shelake Vs. The State of Maharashtra (Home Ministry)

Court : Mumbai

Subject : Education

the 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 and … of Prison show a tendency towards crime; (6) Prisoners whose conduct is, in the opinion of Superintendent of the Prison, not satisfactory enough; (7) Prisoners confined in the Ratnagiri Special Prison, (other than prisoners transferred to that prison

Santosh Namdeo Bhukan Vs. The State of Maharashtra (Home Ministry)

Court : Mumbai

Subject : Education

the 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 and … of Prison show a tendency towards crime; (6) Prisoners whose conduct is, in the opinion of Superintendent of the Prison, not satisfactory enough; (7) Prisoners confined in the Ratnagiri Special Prison, (other than prisoners transferred to that prison

Rapti Commission Agency Vs. State of Uttar Pradesh and ors. Overruled

Court : Allahabad

Subject : Other Taxes

Acts : Uttar Pradesh Trade Tax Act, 1948 - Sections 2, 8E, 13A and 13A(1A)

Reported in : [2004]134STC436(All)

Sunil Batra v. Delhi Administration : 1978CriLJ1741 the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentences of death in a cell and … Batra v. Delhi Administration : 1978CriLJ1741 the Supreme Court upheld the validity of Section 30(2) of the Prisons Act, 1894, which provides for solitary confinement of a prisoner under sentences of death in a cell and Section 56 … have been adopted. As Mr. Justice Cardozo observed in Anderson v. Wilson 289 US 20 :'We do not pause to consider whether a statute differently

Tmt. Rohini Lingam Vs. State Represented by the Secretary to Governmen ...

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 147, 148, 302, 307, 332, 324, 342 and 448; Arms Act, 1959 - Sections 25(1); Indian Explosive Substances Act - Sections 56; Prisons Act, 1894 - Sections 3(1), 4, 19, 20, 59 and 59(8); Prisoners' Act, 1900; Tamil Nadu Prison Rules, 1983 - Rules 1, 32, 34, 44 and 71; Code of Criminal Procedure (CrPC) , 1882 - Sections 541; Constitution of India - Articles 9(5), 21, 32 and 226

Reported in : (2008)5MLJ822

Under Sub-section 26 power is given to the Government for extending any or all of the provisions of the Prison Act, 1894 and rules thereunder to subsidiary jails or special places of confinement appointed under Section 541 of the Code … tortious principle of strict liability under the rule in Rylands v. Fletcher. It was further held in para 28 as follows: 28...The liability was also said to arise out of the use of ultra-hazardous chemical poisons said