Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 10 delivery of persons sentenced by presidency magistrates Court: himachal pradesh

Life Convict Karam Singh Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 1993CriLJ3751

..... prisoners release on probation act 1954 from the application of section 433-a of the code and on the same reasoning if the premature release under prison rules 358 and 359 is made on conditions a breach of which would make the prisoner liable for re arrest and commitment to prison again to serve out his remaining sentence, then also such relase would not be hit by the provisions of section 433-a of the code because in that case also the person so released is deemed to be in custody of the state and ..... in the light of foregoing discussion it is hereby held, that the provisions of madhya pradesh prisoners' release on probation act, 1954 and the rules framed thereunder are not conflicting with the provisions of section 433-a of the code and therefore, they are not hit by section 433-a and as such the conditional enlargement of a prisoners/convict under licence would be permissible and effective, and such licensed enlargement will be reckoned for purposes of 14 years duration. ..... in view of the aforesaid discussion the release of a prisoner on licence under the provisions of 1954 act or the rules framed thereunder or premature release on certain conditions under prison rules 358 and 359 will not be covered or hit by the provisions of section 433-a of the code because they are not absolute release with full freedom, but the prisoner so released, though he does not remain within the stone walls and iron bars of a prison, he still remains within the legal .....

Virendra Kumar Tripathi Vs. the Crown

Court : Himachal Pradesh

Reported in : 1951CriLJ3

..... that case, among many other points, the question arose whether an order of the provincial government delegating the power of detaining persons under rule 26, defence of india rules, to district magistrate was an 'instrument' within the meaning of section 8 (1), general clauses act, the terms of which are almost identical with those of section 6 of the punjab act ..... court may be moved by the prisoner or by some relation of his, or it may act sun motu if it acquires knowledge that a certain person baa been illegally detained ..... . by the complainant in one of the oases, who was apparently not satisfied with the sentence imposed upon the 'accused in the case in which he was the complainant and wanted that they should be retried according ..... the other hand reliance is placed on the remark at p, 721 of volume 9 of halsbury's laws of england to the effect that:a mere stranger or volunteer, however, who has no authority to appear on behalf of a prisoner or right to represent him will not be allowed to apply for habeas corpus ..... petition was thus under section 491 (1) (e) which reads, 'that a prisoner within such limits be removed from one custody to another for the purpose of trial', and so one of the questions before the full bench was whether it was open to a complainant to move the high court for a writ under this section ..... effect of which clearly is that a petition for a writ of habeas corpus can only be entertained when it is filed either by the prisoner himself or by somebody duly authorised to act on his behalf .....

Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1992HP70,1992CriLJ2542

..... according to the government, manual work by prisoners sentenced to labour is recognized part of jail administration and discipline as envisaged by prisons act, 1894 and the punjab jail manual, as applicable ..... . 'we cannot escape the conclusion that although the statute in terms is to punish fraud, still its natural and, inevitable effect is to expose to conviction for crime those who simply fail or refuse to perform contracts for personal service in liquidation of a debt, and judging its purpose by its effect that it seeks in this way to provide the means of compulsion though which performance of such service may be secured, the question is whether such ..... the true interpretation, article 23 would be reduced to a mere rope of sand, for it would then be the easiest thing in an exploitative society for a person belonging to a socially or economically dominant class to exact labour of service from a person belonging to the deprived and vulnerable section of the community by paying a negligible amount of remuneration and thus escape the rigour of article 23. ..... . of course, the person whose fundamental right is violated can always approach the court for the purpose of enforcement of his fundamental right, but that cannot absolve the state from its constitutional obligation to see that there is no violation of the fundamental right of such person, particularly when he belongs to the weaker section of humanity and is unable to wage a legal battle against a strong and powerful opponent who .....

Mathu Ram and anr. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

..... section 56 of the prisons act thus does empower the superintendent of the jail to place a prisoner under fetters when he considers it necessary to do so for the safe custody of the concerned prisoner. ..... for an effective discharge of such responsibility, he is empowered in terms of section 56 of the prisons act to confine a prisoner in irons. ..... - under section 56 of prisons act, 1894 and the same incorporated in para 425 of the punjab jail, manual supdt. ..... there is no provision in the prisons act or the rules framed thereunder as found in the manual or in any other law which empowers the sessions judge to pass orders directing removal of fetters placed on a prisoner under the orders of the superintendent who, as already observed, enjoys statutory discretion to confine a prisoner in fetters if considered necessary for his safe custody. ..... the rules framed under the prisons act as found in the manual ensure that this power is not misused. ..... in his capacity of a visitor he does enjoy the power to call for and inspect any book or other record in the jail, to see any prisoner and to put any questions to him within hearing or out of the hearing of any jail officer and to record his remarks in the visitors' book which should be forwarded to the inspector-general for necessary action. ..... such power is to be exercised subject to the overall control of the inspector-general of prisons who is supposed to act as soon as abuse of such power is brought to his notice.10. .....

Vijay Kumar Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ871

..... it is not in dispute that the provision 'of section 5 of the identification of prisoners' act is applicable to the fact of the case on all fours. ..... the application was made under section 5 of the identification of prisoners' act. ..... heard and gone through the record.a request was made by the police to the judicial magistrate 1st class, mandi, seeking permission to take photographs of the revision petitioner for the purpose of comparing the same with the photograph of a man appearing in an obscene movie clipping. ..... learned sessions judge has allowed the revision petition and consequently the order of the magistrate has been set aside and the prayer of the police for taking photographs of the revision petitioner granted.2. ..... however, the learned counsel has submitted that no rules having been framed by the state government, as per requirement of section 4 of the said act, the provision of section 5 is inapplicable. ..... next submission made on behalf of the revision petitioner is that section 5 is ultra vires of article 20(3) of the constitution of india. ..... the magistrate dismissed the application of the police. ..... section 4 pertains to the prescription of rules by the state government only with regard to the taking of measurements of the person and not the taking of his photographs. ..... the procedure and manner of taking the photographs is given in section 5 itself. .....

Amrish Rana Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2003CriLJ2991

..... that in every prison a hospital or proper place of reception of sick prisoners shall be provided as contemplated under section 99 of the prisons act. ..... it appears that the relevant provisions of the prisons act and the jail manual were ignored by the superintendent, open air jail, bilaspur and the doctor concerned ..... it is noticed that chapter-ill of the prisons act, 1894 provides for the duties of the officers of the jail ..... that trial is held as per schedule, it will be appropriate to issue following directions :(a) the superintendent of all jails and medical officers attached with those jails shall ensure that as and when an under trial prisoner/inmate of jail is brought to civil hospital for treatment and examination, necessary entries and all medical events are recorded in bed-head ticket. ..... secretary to the government of himachal pradesh shall issue suitable directions to all the superintendents of jail through additional director general of prisons, medical officers and all other concerned authorities in the employment of the state to follow the above directions in letter and spirit ..... involving heinous crimes jail authorities may request the district magistrate, who in turn shall request the chief medical officer concerned to depute a medical officer for the examination of the under trial prisoner/inmate of the jail in jail itself. ..... this happened in spite of the delivery of this letter to the senior medical ..... the accused were alleged to have killed three persons and injured some other. .....

Philip John Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ397

..... prison shall remain in the hospital with the prisoner to serve as the prison officer in control of the prisoner for the purpose of section 55 of the prisons act ..... that : (1) handcuffing is, prima facie, inhuman and, therefore, unreasonable, is overharsh and, at the first flush, arbitrary ; (2) the competing claims of securing the prisoner from fleeing and protecting his personality from barbarity have to be harmonised ; (3) insurance against escape does not compulsorily require handcuffing and there are other measures whereby an escort can keep safe custody of a ..... prisoner complained of forced handcuffs while being taken to court for trial and the guidelines laid down and directives issued in that decision must be borne in mind by every prison and police authority when the question of hand-cuffing of a prisoner arises, whether the person concerned be an undertrial prisoner or a convict undergoing the sentence ..... taking the prisoners in well- protected vans/vehicles ; these measures would ordinarily serve as alternative safeguards ; and(7) even in cases where, in extreme circumstances, handcuffs have to be put on the prisoner, the escorting authority must record contemporaneously the reasons for doing so ; in cases of under-trial prisoners, the escorting officer, whenever he handcuffs a prisoner produced in court, must show the reasons so recorded to the presiding judge and ..... prisoner whose presence is needed in several cases, making periodical trips between jail house and magistrate .....

Court on Its Own Motion Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1988CriLJ438

..... this court then proceeded to make the following orders/ directions:under the circumstances in order to ensure that the prison authorities as well as the police authorities incharge of the prisoners during transit act in conformity with the law so declared, it would be just and proper to direct the state government to circulate a copy of this judgment to all jail superintendents and to all superintendents of police in this state, within a period of 15 ..... this court while holding that the prayer of philip john was misconceived and the court had no jurisdiction to commit for contempt any person who acts in wilful disregard/breach of the directions issued by the supreme court on the point in question, further observed as follows:the court cannot, however, threw out the petition on that ground, for the ..... , in extreme, circumstances, handcuffs have to be put on the prisoner, the escorting officer must record contemporaneously the reasons for doing so; in cases of undertrials prisoners, the escorting officer whenever he handcuffs a prisoner produced in court, must show the reasons so recorded to the presiding judge and get his approval.20. ..... in that case philip john while undergoing sentence of imprisonment in the model central jail nahan was brought to the sub jail at kaithu (shimla), for undergoing medical treatment at the showdon hospital shimla, on april 9, 1984 while he was being ..... in the contempt of courts act, 1971, section 2 defines 'contempt of court' as meaning 'civil contempt' .....

Ashok Chander and ors. Vs. C.P. Bansal and ors.

Court : Himachal Pradesh

Reported in : AIR1974HP48

..... or leave the local limits of the jurisdiction of the court, or (b) had after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of their property, or committed any other act of bad faith in relation to their property, or (c) that they had means to pay the amount of the decree and refused or neglected to pay the same, or (d) that the decree was for a sum for which they were ..... in their two objections, the judgment-debtors contend, that they cannot be arrested and detained in prison because conditions laid down in section 51 of the code of civil procedure are not satisfied. ..... it is undisputed that the judgment-debtors are the successors in business and under the provisions of the sales-tax act and the income-tax act, it is they who are liable to pay the entire tax even for the period the liability was imposed upon the decree-holders. ..... santa shila devi, (air 1968 cal 336) it was held that such a condition attached to the decree does not necessarily refer to a charge created under section 100 of the transfer of property act and as such a regular suit is not to be filed to enforce such charge. ..... a perusal of section 51 of the code clearly indicates that before the decree for payment of money could be executed by arrest and detention in prison certain specified conditions were required to be satisfied. ..... in presidency industrial bank ltd. v. .....

State of H.P. Vs. Ram Lal

Court : Himachal Pradesh

Reported in : 2006CriLJ3070

..... of canteen concession for a maximum period of one month;(c) withholding concession of either interviews or letters or both for a maximum period of three months;(d) the period of temporary release on furlough of the prisoner under section 4 shall not be counted towards his sentence;(e) warning; and(f) reduction from the status and grade of 'convict watchman' or 'convict overseer.6. ..... a bare reading of the aforesaid provisions make it clear that the prisoner on expiry of the period for which he is released under the act shall surrender himself to the superintendent of jail from which he was ..... in case the prisoner is prevented by a sufficient cause from surrendering himself on the due date he cannot be convicted and punished under section 9 of the act.8. ..... case surrender was not within 10 days prisoner will further be liable to be punished under section 9 of the act. ..... application has been preferred by the state for grant of leave to appeal against the judgment dated 16-9-2004 passed by the learned chief judicial magistrate, sirmaur at nahan whereby the respondent has been acquitted of the accusations under section 8(2) read with section 9 of the h.p. ..... respondent, however, failed to surrender on the due date and instead surrendered on 24-7-2004 after an overstay of 26 days against the sanctioned parole period, hence, a complaint was lodged against him in the trial court under section 9 read with section 8(2) of the act and accordingly he faced the trial on the aforesaid accusations. .....