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M. P. Jayaraj Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR1460

..... the karnataka prisons act, 1963 ; the karnataka prison rules, 1974 ; and the karnataka prison manual, 1978, will be referred to in this order as the 'act', 'rules' ..... the state government for not accepting the recommendation of the advisory board, for premature release, has depended upon the minority view expressed by the district judge, mysore and the inspector general of prisons, karnataka, who in turn have given their opinion only on the basis that 'the commissioner of police, bangalore, and the district magistrate, bangalore had not recommended the case for premature release; ..... to particularise the problem that is likely to be created if the petitioner is prematurely released.8.6) after referring to the aforesaid minority opinion expressed by the district and sessions judge, mysore, and the inspector general of prisons, karnataka the state government in its order refers to the previous history of the case, the circumstances and the conduct of the petitioner which led to the conviction and enhancement of sentence. ..... thus, the state government has acted upon the minority opinion expressed by the district and sessions judge, mysore and the inspector general of prisons, karnataka, who, as it is already pointed out, have proceeded on wrong ..... members of the advisory board opined in favour of premature release of the petitioner; whereas the district and sessions judge, mysore and the inspector general of prisons, karnataka did not opine in favour of premature release of the petitioner. .....

Mr. Abdul Kareemlal Telgi S/O. Lad Sab Telgi Vs. State of Karnataka by ...

Court : Karnataka

..... sessions judge, bangalore (hereinafter referred to as trial court' for short) has challenged in this revision petition the correctness of the order dated 7.8.2008 passed in the said case rejecting his application, filed under section 30 of karnataka prisons act, 1963 (hereinafter referred to as 'prisons act' for short), seeking direction to the senior superintendent, central prison, bangalore, to permit him (accused) to receive homely food from outside the ..... per contra, the learned senior special public prosecutor representing the respondent - cbi strongly contended that the words 'unconvicted prisoner clearly indicate that the prisoner should not have been convicted in any case, by any court, and therefore, since the revision petitioner - accused has been convicted for various of lences by different courts in the states of karnataka and maharashtra, he cannot be termed as unconvicted prisoner so as to get the benefit of provisions of the 30 of the prisons act.22. ..... but the petitioner has been convicted in other cases in the states of karnataka and maharashtra and therefore he is not entitled to service of homely food from the outside prison inasmuch as section 30 of the act does not permit for service of such home food from outside to the convicts;(ii) if the petitioner is permitted to have secured homely food from the outside, he would carry on his earlier business through such persons .....

State of Karnataka Vs. Abdul Kareem Telgi @ Kareem Lala

Court : Karnataka

..... (b) under section 43 of the karnataka prisons act of 1963 any prison officer may arrest any person committing in his presence any offence specified in section 42 of the act and on his refusing to give his name address make him over to a police officer without delay. ..... the superintendent is the officer in charge of a prison within the meaning of the provision of the karnataka prisons act, 1963 and other enactments. 69. ..... under section 4 read with section 10 of the karnataka prisons act, 1963 (karnataka thus:75. ..... act of 33 of 1963) there shall be for every prison a superintendent who shall manage the prison in all matters, as required under rule 5 of the karnataka prisons rules, 1974. ..... he contends that the evidence produced by the prosecution clearly establishes that accused nos.32 and 33 have acted in violation of the karnataka prisons rules, 1974. ..... the learned counsel has also referred to the relevant provisions of karnataka prison manual, 1978 and the following authorities in support of his submission viz.,:1. ..... likewise rule 102 of the karnataka prison manual, 1978 requires the prison officers to prevent any communication between prisoners and outsiders. ..... rule 51 of the karnataka prison manual, 1978 debars the employment of any prisoners in any capacity. .....

Abdul Basheer Vs. Inspector General Of Police (prisons)

Court : Karnataka

..... under section 8 of the karnataka prisoners act, 1963, the power of removing convicted prisoner or a person confined in prison in default of giving security for keeping the peace or for maintaining good behavior from one prisons to another within the state vests with government and subject to its 19 order under the control of the director general of prisons and correctional services; ii. ..... section 25 of the karnataka prisons act, 1963, requires that all prisoners before to transfer shall be examined by the medical officer who shall certify that they are free from any illness rendering them unfit for removal. ..... transfer of prisoners from one prison to the other is dealt with under the karnataka prisons act, 1963. ..... inspector general of police (prisons) karnataka prisons and correctional services department office at no.4, sheshadri road, gandhinagar, bengaluru 560 009. 2 ..... is the first contention of the learned counsel for the accused persons that one of the accused person retracted his confession before this court on 7.2.2023 and thereafter the accused persons were shifted to various prisons in karnataka state to reasons best known to the authority and agency. ..... all the arrested accused persons in this case belong to popular front of india organisation, which is declared as unlawful organisation by the central 18 government of india under ua (p) act, it is requested to shift all the accused persons in this case, except accused mohammed jabir (a-18) to various prisons in karnataka state. .....

High Court of Karnataka, Rep. by the Registrar General, Bangalore Vs. ...

Court : Karnataka

..... karnataka prisons act, 1963 (in short, 'the prisons act') and the karnataka prisons rules, 1974 (in short, 'the prisons rules), governs the release of prisoners ..... ) is implementing the networking of all prisons in india wherein the home department has suggested to network the jurisdictional police station of the prison with the prison so as to immediately and electronically intimate the jurisdictional police of the failure of convict to surrender and committing of an offence under section 58 of the karnataka prisons act and post the matter after a period of six months for the review of the ..... submitted that the state has taken steps and issued instructions and also advised the government to make suitable amendment to rule 190(7) of the karnataka prison rules to mandate the superintendent of the prison to lodge complaint against the convict who has failed to surrender before the prison on the scheduled date and time, within 24 hours to the jurisdictional police station of his failure; that the national information center (nic ..... 55 to 58 of the chapter xii of the prisons act deals with regard to temporary release of prisoners and the penalty in the event of failure to ..... according to sub-section (2) of section 57 of the prisons act, if a prisoner fails to surrender himself as required by sub-section (1), he may be arrested by any police office" without a warrant and produced before a judicial magistrate, who shall remand him to undergo .....

M.P. Jayaraj Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR1013

..... the purposes of the karnataka prisons act, 1963 (hereinafter referred to as the 'act'), the state government has framed the rules known as karnataka prison rules, which have ..... on or before 15-11-1984, either in favour of or against the premature release of the petitioner pursuant to the recommendation dated 6-4-1983, made by the advisory board for the district prison, mysore, for the premature release of the petitioner the self-bond executed by the petitioner and the surety bonds furnished by him shall stand automatically cancelled with-out any further order ..... :(2) the state government shall consider the recommendation of the advisory board for the district prison, mysore, as incorporated in its proceedings dated 6-4-1983 for the premature release of the petitioner without reference to its earlier order rejecting the petition filed by the father of ..... 15th of november, 1984; failing which, the petitioner shall stand prematurely released; the petition is allowed in the following terms : -(1) the recommendation of the advisory board for the district prison, mysore, dated 6-4-1983 for premature release of the petitioner be placed by the 2nd respondent before the state government on or before 10th october, 1984 without expressing his opinion in any manner ..... the karnataka prison manual of 1978 (hereinafter ..... , for thepurpose of prison administration in the state of karnataka, in consonance with .....

Sanjay JaIn Vs. the Deputy Inspector General of Prisons and anr.

Court : Karnataka

Reported in : ILR2008KAR4820

..... advocate, the karnataka prison manual, 1978 framed under the karnataka prisons act, article 650 deals with the 'parole' and in the same, it is clearly mentioned that 'the period spent under parole will not count as a part of sentence'.7. ..... this clearly indicates that so far as state of karnataka is concerned, the period of detention would stand automatically extended even if a person is on parole. ..... act. .....

Channabasappa Vs. Nanjundappa

Court : Karnataka

Reported in : ILR1986KAR3536

..... 1/1986 on 1-1-1986 alleging that no sale was held in the court at all and that there was no bid offered by the decree-holder or any one in the court and thus rule 138 of the karnataka civil rules of practice, 1967 is violated and that the same is null and void, and sought for setting aside the sale.4. ..... civil procedure code, 14th edition, i volume, page 351 under note-21 has stated as :'an application under this section to set aside a sale in execution of a decree must be made within 30 days from the date of sale : ('limitation act 1963 schedule i article 127'). ..... rule 138 of the karnataka civil rules of practice reads thus :'sale of immovable property shall ordinarily take place at the spot, subject to the condition that the final bid shall be offered before the presiding officer at the court house. ..... but, if there is no sale at all in the eye of law and if the proceedings do not indicate the sale conducted, it is not article 127 of the limitation act, but it is residuary article 137 of the limitation act that would govern the case. ..... he relied on article 127 of the indian limitation act. .....

Abdul Rahim Vs. Syed Abdul Rahaman

Court : Karnataka

Reported in : ILR1985KAR1988; 1985(2)KarLJ238

..... whether a person, who was in occupation of a tenanted premises along with its tenant, against whom a petition for eviction under the karnataka rent control act, 1961 ('the act'), if continues to occupy that premises even after the death of the tenant, can be brought on record in the pending eviction petition as the legal representative of the deceased tenant, is the dispute which is required to be resolved in this revision ..... rule-30 so made under the karnataka rent control rules, 1963 ('the rules'), enables the making of applications by or against the legal representativescontemplated under section 51 of the act, within the time specified therein, inter alia making the provisions of order 22 of the code with necessary modifications, applicable ..... (2) where any application, appeal or other proceeding would have been made, preferred or taken under this act by or against any person such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal representatives.'5 ..... proceedings by or against legal representatives : - (1) any application made, appeal preferred, or proceeding taken under this act by or against any person, may, in the event of his death be continued by or against his legal representative ..... as the rules do not specify, who a legal representative of a deceased party in a proceeding under the act could be, there is no escape from having recourse to the provisions of the code to identify such a legal representative .....

Karnataka Board of Wakfs Vs. Joharmal Jawanji

Court : Karnataka

Reported in : ILR1990KAR679; 1990(1)KarLJ270

..... chargeable in respect of suits for the restoration of properties of the nature contemplated under the public wakfs (extension of limitation) act, 1959, shall be reduced to a maximum of rs.15 in respect of the said suits in the whole of the state of karnataka .in exercise of the powers conferred by subsection (1) of section 70 of the karnataka court fees and suits valuation act, 1958 (karnataka act 16 of 1958) the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby directs that the fee chargeable in respect of suits and ..... appeals for restoration, declaration and cancellation in respect of properties notified under section 5(2) of wakf act, 1954 (central act 29 of 1954) or registered under section 25 or 28 of the said wakf act, filed by the karnataka board of wakfs, bangalore, shall be reduced to a maximum .....