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Aug 30 1978

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-30-1978

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

be intended to permit preventive solitary confinement, released even from the restrictions of Section 73 and 74 I.P.C., Section 29 of the Prisons Act and the restrictive Prison Rules. It would be extraordinary that a far worse solitary … subject to solitary confinement which is contrary to the provision of the Penal Code, the Criminal Procedure Code, the Prison Act and Articles 14, 19 and 21 of the Constitution. The Sessions Court of Delhi held him guilty of … Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Sections 30 and 56 of Prisons Act, 1894 (the Act, hereafter). The Petitioners invoke Articles 14, 21 (and 19, in the case of Batra) of the

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Jul 02 2007

Rajib Mukhopadhyaya and ors. Vs. Registrar Cooperative Societies

Court : Delhi

Decided on : Jul-02-2007

Subject : Trusts and Societies

Acts : Delhi Cooperative Societies Act - Sections 4, 13(8), 13(9), 20(1) and 97; Societies Registration Act; Prisons Act, 1894 - Sections 3, 29, 30, 30(2) and 56; Delhi Cooperative Societies Rules, 1973 - Rules 24(2), 34A, 36A and 41A; Constitution of India - Articles 12, 19, 19(1), 19(4) and 31A(1)

Reported in : 141(2007)DLT321; 2007(97)DRJ273

follows:34. Batra puts in issue the constitutionality of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobraj impugns the virus of … the said judgment reads as follows:34. Batra puts in issue the constitutionality of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobraj impugns the virus of Section 56. But, the Court does not 'rush … by this Court, once a society has been registered under the Act, the management of the society through Section 29 and the Rules made there under, is regulated by duty elected members. In the democratic set up, all

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May 12 2005

Suo Motu Vs. the State of Gujarat

Court : Gujarat

Decided on : May-12-2005

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B and 302; Code of Criminal Procedure (CrPC) - Sections 389; Prisons Act, 1894 - Sections 3, 4, 4(1), 6, 7, 13, 14, 18, 22, 24(2), 24(3), 26, 37, 38, 39 and 59; Prisoners Act, 1900 - Sections 29(1); Gujarat [Removal of Prisoners] Order, 1976; Prisoners Rules, 1973; Prison Regulations; Constitution of India - Article 21

Reported in : (2005)3GLR2088

we may first of all turn our attention to certain relevant provisions of the prison legislations.7.2. The Prisons Act, 1894 provides for appointment of officers of prisons including Medical Officer. Section 6 reads as under :-'6. Officers of … has issued Gujarat [Removal of Prisoners] Order, 1976 in exercise of the powers conferred by sub-section (1) of section 29 of the Prisoners Act, 1900. Section 3 provides for circumstances for removal. It states that prisoners may be

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Sep 08 2014

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

Decided on : Sep-08-2014

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 … removed from one prisoner to another, but subject to certain conditions.52. Chapter V deals with discipline of prisoners. Section 29 of the Act reads as follows:- ?.29. Solitary confinement.?. No cell shall be used for solitary confinement unless

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Sep 04 2013

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

Decided on : Sep-04-2013

Subject : Education

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 … 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 … station. Thirdly, there are adverse reports of the above two authorities dated 29th March 2012. 9] Finally, Mr.Najmi submits that the rejection is also on

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Nov 02 2012

The State of Maharashtra and ors. Vs. Saeed Sohail Sheikh

Court : Supreme Court of India

Decided on : Nov-02-2012

Subject : Criminal

Acts : Maharashtra Control of Organised Crime Act, 1999; Maharashtra Prison (Discipline) Rules of 1963; Prisoners Act, 1900 - Section 29; Code Of Criminal Procedure (CrPC) 1973 - Sections 167, 309

of the Inspector General of Prisons under Section 29 extracted above.22. We may at this stage refer to Prison Act, 1894 to which our attention was drawn by learned counsel for the appellants in an attempt to show that

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Nov 04 2022

B.a. Umesh Vs. The Union Of India

Court : Supreme Court of India

Decided on : Nov-04-2022

Subject : Land Acquisition

health and well-being of the appellant was obviously because of the mandate of Section 29 of the Prisons Act, 1894 which is to the following effect: - “29. Solitary confinement. - No cell shall be used for solitary … the decision of the Sessions Court awarding him death sentence. Our attention is invited to various documents including the Prison Manual in support of the submission that, as the petitioner was segregated and kept in a separate Cell,

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Jan 17 2025

The State of Jharkhand & Others versus Vikash Tiwary @ Bikash Tiwa ...

Court : Supreme Court of India

Decided on : Jan-17-2025

Subject : Land Acquisition

Reported in : [2025]2S.C.R.63

Arms Act, 1959; Explosive Substances Act, 1908; Prisoners Act, 1900; Model Prisons and Correctional Services Act, 2023; Prisons Act, 1894; Penal Code, 1860; Constitution of India. List of Keywords Section 29 of Prisoners Act, 1900; Transfer to another … In the instant case, the Jail superintendent by letter dated 16.05.2023 expressed apprehension of gang war/untoward incident in the prison, due to the presence of two notorious criminals; and insufficient kachpals to maintain them, which pose a challenge

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Feb 16 2024

Mr B A Umesh Vs. State Of Karnataka

Court : Karnataka

Decided on : Feb-16-2024

Subject : Land Acquisition

health and well-being of the appellant was obviously because of the mandate of Section 29 of the Prisons Act, 1894 which is to the following effect:- “29. Solitary confinement.-. No cell shall be used for solitary confinement unless … is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or

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Dec 05 1984

Chimanrao Baberao Father of Prisoner Dattarao Chimanrao Vs. State of G ...

Court : Gujarat

Decided on : Dec-05-1984

Subject : Criminal

Reported in : (1985)1GLR452

Bombay in exercise of the powers conferred by Clauses (5) and (28) of Section 29 of the Prisons Act, 1894. It is not in dispute that these rules have continued to apply even after the formation of the … it any, which he proposes to adopt;(5) that the said prisoner will surrender himself to the Superintendent of the Prison from which he was released on the expiry of the period of furlough.(6) that the said prisoner will

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