Judgment Search Results Home > Cases Phrase: prisoners act 1900 part ii general Page 1 of about 398 results (0.089 seconds)

Mr. Saeed Sohail Sheikh S/O Mr. Sohail Mehmood Sheikh and ors. Etc. Vs ...

Court : Mumbai

Reported in : 2009(111)BomLR3748; 2009(6)MhLj287

..... advocate for the petitioners has referred to the wording of section 29 of the prisoners' act, as indicating that the only person who can transfer a prisoner from one jail to another within the same province is the inspector general of prisons; but by its very wording section 29 of the prisoners' act does not apply to an under trial prisoner; nor are we dealing with a transfer of a prisoner. ..... itself shows that it has been passed in exercise of the power conferred by sub-section (1) of section 29 of the prisoners act, 1900. ..... is under part vi of the prisoners act, titled 'removal of prisoners'. ..... that the lodging of prisoner has to be done under the prisoners act and the rules made ..... the first is that they were remanded to the central jail, trichinoply, instead of to the central jail, madura, which is the jail to which prisoners are normally remanded when under trail in the courts of the madura district, including that of the stationary sub-magistrate of madura, in whose court the petitioners ..... reported in : air 1980 sc 1579, in paragraph 5, the supreme court observed as under:'prisons are built with stones of law' and so it behoves the court to insist that, in the eye of law, prisoners are persons, not animals, and punish the deviant 'guardians' of the prison system where they go berserk and define the dignity of the human inmate prison houses are part of indian earth and the indian constitution cannot be held at bay by jail officials 'dressed ..... of the prisoners act, 1900 lays down:29 .....

Ram Sewak Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2005(3)MPHT474

..... said application was returned by the inspector general of prisons to the superintendent, central jail, jabalpur, relying upon the circular dated 10-9-2004 issued by the inspector general of prisons, bhopal is ultra vires and is contrary to the provisions of the prisoners act, 1900 (for short 'the act') and the rules. ..... the prisoners act, 1900 has been amended by the prisoners (madhya pradesh amendment) act, ..... application for grant of leave submitted in a calendar year is required to be considered by the district magistrate and only such applications are required to be forwarded to the inspector general of prisons which are second in a calendar year, we would deem it fit to extract the relevant portion of the said circular :-1 vodk'k dh ik=rk%cunh vf/kfu;e] 1900 rfkk e/;izns'k vodk'k fu;e] 1989 ,oa ekuuh; mppre u;k;ky; dh fjv fivh'ku ua% 169@99 nknw mqz rqylhnkl fo:) egkjk'v~ jkt; rfkk mpp u;k;ky; tcyiqj dh fjv fivh'ku ..... - (1) subject to the provisions to this part and to such conditions as may be prescribed, the state government or any authority to which the state government may delegate its powers in this behalf may grant leave to any prisoner who has been sentenced to a term of imprisonment of not less than three years, for a period not exceeding twenty one days in a year, excluding the time required for journeys to the first place of his ..... on account of said mistakes on the part of jail authorities, the consideration of applications for leave were being ..... petition is partly allowed. .....

Asir Koli Pitol Vs. State of Tamil Nadu

Court : Supreme Court of India

Reported in : (1982)3SCC184

..... then mr ganesh seeks copies of the official publication of the prisons act, 1894 and the prisoners act, 1900 as amended in their application to the state of tamil nadu. ..... but since copies of the prisons act, 1894 and the prisoners act, 1900 as also of the rules made under these two statutes and the prison manual may not be available to mr ganesh until the end of december, 1981, we extend the time granted for filing his written submissions up to january 16, 1982. ..... since this report has been relied upon in the affidavit it is but just and proper that inspection of it should be given to mr ganesh on behalf of the petitioner and the learned advocate-general appearing on behalf of the respondent fairly states that he will give inspection of this report to mr ganesh and it will be open to mr ganesh to make copy of such portion of the report as he thinks proper. 4. ..... in regard to this item it is necessary to give directions, because it has been stated in the affidavit of the jail superintendent that the petitioner and erulappan refused to take part in the identification parade and therefore, if there are any documents supporting this allegation, the respondent will disclose the same to mr ganesh on behalf of the petitioner within three weeks from today. 5. ..... the other item on which we propose to give directions is item (4) which relates to the report of dr natrajan, prison medical officer and civil assistant surgeon which has been relied upon in the affidavit of the jail superintendent. .....

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

..... the amendment proposed to section 29 of the prisoners act, 1900, is to provide specifically for the transfer of undertrial prisoners and to empower the collectors, their personal assistants and revenue divisional officers to order transfer of undertrials from one sub jail to another sub jail and the inspector general of prisons to order transfer of undertrials from central jails, district jails and subsidiary jails to other jails. ..... he shall be answerable for all prison property, stores and money and shall be held responsible for any defalcations on the part of the prison establishment, if it be shown that such defalcations were rendered possible by negligence on this part. ..... the statement of objects and reasons of the gazettee notification made to fort st.george gazette, part iv-a-extraordinary, is as follows:- ?.the high court of madras was itself the court of session for the presidency town of madras prior to the 1st january 1956. ..... learned counsel for the petitioner also invited the attention of this court to the letters of the human rights commission and legal services authority and the failure on the part of the prison authorities to respond. ..... [omission of part vii in central act iii of 1900]..60. ..... learned additional public prosecutor further submitted that there is no mala fide intention on the part of respondents 4 and 5 to deny any privilege, permissible under law. ..... it is also necessary to omit part vii of the act as 'transportation' as a punishment has been abolished. .....

The State of West Bengal and ors. Vs. Chandra Nath Banik

Court : Kolkata

Reported in : 1992CriLJ2209

..... the learned government pleader, appearing on behalf of the appellant-state, while questioning the validity of the order aforesaid placed reliance on section 31a of the prisoners act, 1900 as amended by west bengal act xiii of 1955 (hereinafter referred to as the act). ..... for not less than one year :provided that before a prisoner is released under this sub-section he shall have to execute a bond with or without sureties as the state government or other authority making the order of release may determine, for good behaviour during the period of release ..... government or such authority as the state government may empower in this behalf may subject to the provisions of this part and to such conditions as may be prescribed by rules made under section 31c, at any time, release temporarily for a period not exceeding one month excluding the time required for journey from and to the prison, any prisoner who, having been sentenced to imprisonment for a term of more than two years, has actually undergone imprisonment ..... accordingly, i direct the respondents, including the inspector general of prisons, west bengal, to pass necessary order in the said regard forthwith, preferably within a week from communication of this order. .....

Kamlesh Gour and Rajju @ Shamim Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2008(2)MPHT22

..... sub-section (1) of section 31 -a of the prisoners act, 1900 as-amended by the prisoners (madhya pradesh amendment) act, 1985 quoted above would show that leave can be granted to prisoners under the said provision subject to the provisions of part vi-a as well as such conditions as may be ..... prisoners act, 1900 as amended by the prisoners (madhya pradesh amendment) act, 1985, has made provisions in part vi-a on leave and emergency leave to prisoners ..... have come into force, the releasing authority will have to be guided by rule 4 of the rules, 1989 while considering grant of leave under sub-section (1) of section 31-a of the prisoners act, 1900 as amended by the prisoners (madhya pradesh amendment) act, 1985.9. ..... 795, it has been held that full information regarding the character of the crime committed by the applicant, his conduct in prison and the probability of his reverting after release to criminal habits or instigating others to commit crime is required to be considered under rule 358 of the madhya pradesh prisons rules, 1968, but in this case the orders of rejection would show that these factors have not been considered by the ..... power to make rules' and sub-section (1) of section 31-e provides that the state government may make rules for carrying out the purposes of part vi-a and sub-section (2) of section 31-e states that in particular and without prejudice to the generality of the power under sub-section (1), such rules may provide for all or any of the matters mentioned therein. .....

Bhanja Naik Vs. Somanath Mohanty

Court : Orissa

Reported in : AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414

..... of the prisoners act, 1900, also defines 'prison' which though less elaborately stated, is covered by the definition of 'prison' under the prisons act, 1894. ..... is also true that although the revisional power is not expressly or in terms controlled either by section 369 or 430, the general principle of finality of judgments attaches to the decision or order of the high court passed in exercise of its revisional power ..... that would lapse between the despatch of the warrant and forwarding of the accused to the officer-in-charge of the prison and actual delivery of the accused to said officer would obviously be a part of the term of the sentence of imprisonment. ..... ground for review is that the counsel for the accused in the criminal revision made a statement in court that the petitioner had already undergone a part of the substantive sentence of imprisonment which is untrue, and this constitutes a gross abuse of the process of court. ..... to be considered is whether the accused spending those hours in judicial custody could be treated as suffering a part of the sentence of imprisonment imposed upon him. ..... this is an application seeking to review the operative part of the judgment of this court dated 23th november, 1967, passed ..... the operative part of the judgment contained in its last paragraph runs as follows: 'learned counsel for the petitioner however, states that the accused has already undergone a part of the substantive sentence and that he had had sufficient harassment since the prosecution .....

Sanjay Gope Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... it was also submitted that section 29 of the prisoners act, 1900 did not empower the government or inspector general of prison to direct transfer of undertrials.4. ..... for proper determination of the issue involved in this case, a reference of section 29 of the prisoners act, 1900 is necessary, which reads as follows:- section 29. ..... the petitioner in the present case is an undertrial prisoner, who could not have been transferred in terms of the order of the inspector general of prisons under section 29 of the prisoners act or by the respondent no.2. ..... even before removal of prisoners, who come under the four corners of section 29 of the prisoners act, the prior permission of the court concerned is mandatory.8. ..... the respondent no.2- the superintendent of mandal kara, gumla following the direction of the inspector general of prison, which was based on the reports of superintendent of police, gumla and deputy commissioner of gumla, issued the letter as contained in annexure-1 of this writ petition and transferred the petitioner to l.n.j.p. ..... representing the state relying upon different paragraphs of the counter affidavit submitted that after the report of the deputy commissioner, gumla dated 17.08.2013 enclosing the copy of letter of superintendent of police, gumla, the inspector general of prisons, jharkhand vide order dated 23.08.2013 directed the respondent no. .....

Gangacharan Baijnath Prasad Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ792

..... we may also advert to the relevant provisions of the prisoners act, 1900 and the madhya pradesh prisons rules, 1968. ..... the fact that such detailed guidelines have been framed in 1968 under the central act of 1900 cannot help us to understand the words 'his antecedents and his conduct in prison' used in a totally different context by entirely different legislative body in 1954. ..... they submitted applications through the superintendent, central jail, gwalior, praying for release on licence under section 2 of the madhya pradesh prisoners' release on probation act, 1954, for short, the act' and rule 6 of the madhya pradesh prisoners' release on probation rules, 1964, for short, the 'rules'. ..... this rule requires consideration of 'full information regarding the character of his crime, his conduct in prison and the probability of his reverting after release to criminal habits or instigating others to commit crime' ..... this would be against the scheme and purport of the act, particularly in cases where the prisoners have been convicted for serious crimes or crimes affecting public well- ..... the application, thereupon, shall be considered by the board consisting of the home secretary to the state government, the inspector-general of prisons and a nominated non-official member. ..... according to section 4, the period of release on licence is to be reckoned as part of period of imprisonment for the purpose of computing the amount of remission of sentence which might be awarded to him under remission rules .....

Gangacharan Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 1995CriLJ383

..... we may also advert to the relevant provisions of the prisoners act, 1900 and the madhya pradesh prisons rules, 1968. ..... the fact that such detailed guidelines have been framed in 1968 under the central act of 1900 cannot help us to understand the words 'his antecedents and his conduct in prison' used in a totally different context by entirely different legislative body in 1954. ..... they submitted applications through the superintendent, central jail, gwalior, praying for release on licence under section 2 of the madhya pradesh prisoners' release on probation act, 1954, for short, the 'act' and rule 6 of the madhya pradesh prisoners' release on probation rules, 1964, for short, the 'rules'. ..... this rule requires consideration of 'full information regarding the character of his crime, his conduct in prison and the probability of his reverting after release to criminal habits or instigating others to commit crime' ..... this would be against the scheme and purport of the act, particularly in cases where the prisoners have been convicted for serious crimes or crimes affecting public well- ..... the application, thereupon, shall be considered by the board consisting of the home secretary to the state government, the inspector-general of prison and a nominated non-official member. ..... according to section 4, the period of release on licence is to be reckoned as part of period of imprisonment for the purpose of computing the amount of remission of sentence which might be awarded to him under remission rules .....