Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 36 repealed Page 1 of about 5,469 results (0.163 seconds)

Bobby Alias Premveer and anr. Vs. State of U.P.

Court : Allahabad

Reported in : 2000CriLJ4125

..... section 10 repealed part ix of the prisoners act 1900 and also the first and second schedule to the said act and provided a specific format for these two types of contingencies, which may arise under sub-section (1) of section 3 and sub-section (2) of section ..... it has been provided in section 3 of the prisoners act, 1900 that the officers-in-charge of prisons can detain persons duly committed to their custody under that act by any court, according to the exigency; of any writ, warrant or order by which such person has been committed or until such person is discharged or removed in ..... prisoner as defined under sub-section (3) of section 3 means any criminal prisoner under sentence of a court or court-martial, and includes a person detained in prison under the provisions of chapter viii of the code of criminal procedure, 1882 or under the prisoners act ..... a writ petition from vizakhapatnam jail challenging the order of the sub magistrate vizakhapatnam dated 30-5-1972 which was warrant for production of kanu sanyal under section 3(2) of the prisoners (attendance in courts) act, 1955 and addressed to the district jail, darjeeling where kanu sanyal was lodged in connection with two criminal cases under investigation in darjeeling ..... legislature being the author of the laws is fully aware of the inapplicability of the provisions in the prisoners (attendance in courts) act, 1955, came to enact the provisions of sections 267 to 271 in the new code and introduced a parallel new chapter xvi-a of the .....

Pramod Kumar S/O Ramesh Chandra Vs. the State of U.P.

Court : Allahabad

Reported in : 1991CriLJ1063

..... section 10 of this act repealed part ix of the prisoners act, 1900 and first and second schedules of the said act. ..... under this section a form of requisition was given in the second schedule of the prisoners act, 1900. ..... it was felt that part ix of prisoners act, 1900 dealing with the attendance of the prisoners for obtaining their evidence in the court contained cumbersome provisions, which usually resulted in avoidable delay in the trial of criminal cases and needless detention of the prisoners under the trial. ..... in the prisoners' act, 1900, part ix laid down the provisions for requiring the attendance of prisoners and obtaining their evidence or answer a charge. ..... , (1982 (19) acc page 98) in which it has been observed:'...........the requisition under section 3(2) of the prisoners (attandance in courts) act, 1955 and section 267(1) of the code of criminal procedure can be addressed to superintendent of a distritct jail who is already holding a prisoner under an authority of law. ..... it is, therefore, clear that the requisition for transferring a person confined or detained in prison, by a magistrate shall be deemed to have been made under section 267 of the code and section 3 of the prisoners (attendance in courts) act, 1955. ..... no doubt, it has not been printed correctly but it is the same requisition as mentioned in schedule ii of the prisoners (attendance in courts) act, 1955 and form 36 of schedule ii prepared under section 267 of the code.14. .....

Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

..... warrant of the court, by the officer-in-charge of jail and like 'sentence of transportation for life' : imprisonment for life remains executable by way of banishment or exile to the 'places' envisaged under section 32 of the prisoners act (3 of 1900) and the officer-in-charge of the jail is merely mandated to keep this convict person in intermediate custody only and is required to 'deliver him over' to appropriate authority and custody for the purpose of ..... for life', like the sentence of 'transportation for life' can be executed only by the convict being 'removed to the place or places' required to be appointed by the state government under section 32 of the prisoners act 1900 and since no 'such place or places' have been appointed under the aforesaid provision by the state government, the executing authorities are obliged by the present state of law to 'execute' or ..... council on section 58 of the indian penal code, which was in force then (since repealed by amending act 26 of 1955), but urged that that section merely provided for the temporary or transitory detention and treatment of the offender in local jail pending his deportation beyond the seas and therefore that provision could not be relied upon for coming to the conclusion that transportation prisoners could be ..... -section (1) provides that any reference to 'transportation for life' in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed, .....

P. Kasinathan and ors. Vs. Chief Sectetary to Govt. and anr.

Court : Chennai

Reported in : 1967CriLJ85

..... sri nambiar has contended that, under section 3 of the prisoners act, 1900, an officer in charge of a prison has authority to receive and detain only persons duly committed to his custody, under the act or otherwise, by any court, according to the exigency of ..... to the following enactments, namely, the prisons act ix of 1894, section 3 of the prisoners act iii of 1900, and madras regulation ii of 1819 ..... colourable exercise of power, with regard to the orders of detention, also assailing these orders upon related grounds, such as the detention of the writ petitioners in prison against the spirit and purport of the delegated power, restrictions imposed in violation of section 44 of the defence of india act, the illegality of the subsequent orders of review made without an opportunity given to the detenus to show cause against the continuance of the detention, the service ..... , india's relations with foreign states, the maintenance of peaceful conditions in any part or area of india or the efficient conduct of military operations.....while on the act itself, we might also glance at section 44, which states that the authority or person acting in pursuance of the act 'shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest ..... by no means an exhaustive category, and the definition of a 'civil prisoner' in section 3(4) of the same act is much wider, excluding a 'criminal prisoner'. .....

Ritesh SinhA. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

..... in my opinion, therefore, measuring frequency or intensity of the speech-sound waves falls within the ambit of inclusive definition of the term measurement' appearing in the prisoners act"and further:"thus, my conclusion that voice sample can be included in the inclusive definition of the term "measurements" appearing in section 2(a) of the prisoners act is supported by the above-quoted observation that voice prints are like finger prints. ..... while dismissing the appeal, this court expressed that a suitable legislation may be made on the analogy of section 5 of the prisoners act to provide for the investiture of magistrates with the power to issue directions to any person including an accused person to give specimen signatures and writings. ..... )thus, my conclusion that voice sample can be included in the inclusive definition of the term "measurements" appearing in section 2(a) of the prisoners act is supported by the above-quoted observation that voice prints are like finger prints. ..... counsel pointed out that in ram babu misra, this court restricted the scope of section 73 of the indian evidence act and took-out from the purview of section 5 of the identification of prisoners act, 1920 (for short, "the prisoners act), handwritings and signatures. .....

Parveen Kumar Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2001CriLJ4583; I(2002)DMC486

..... quashed and the respondents are directed to reconsider his case for conditional release under section 2 of the good conduct prisoners' probational release act, 1926 read with the good conduct prisoners' probational release rules, 1927 within three months of the receipt of copy of this ..... section 2 of the act lays down as follows :'power of government to release by licence conditions imposed by it:notwithstanding anything contained in sections 401 of the code of criminal procedure, 1898 (v of 1898) when a person is confined in prison under a sentence of imprisonment and it appears to the state government from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the state government may by licence permit him ..... on licence under section 2 of the good conduct prisoners probational release act, 1926 read with rule 9 of the good conduct prisoners probational release rules, ..... 226/227 of the constitution of india, he has prayed for the grant of conditional release on licence under section 2 of good conduct prisoners probational release act, 1926 read with rules of 1927.facts :2. ..... by virtue of punjab re-organisation act, 1966 particularly section 89 thereof the provisions of the good conduct prisoners probational release act, 1926 and the rules of 1927 have become automatically applicable to state of haryana as the state of haryana has not made any modification/alteration/amendment in the said .....

Sonvir @ Somvir Vs. The State of Delhi

Court : Supreme Court of India

..... noted that no rules were framed in the state of tamil nadu with respect to the manner in which an investigating officer could obtain the finger prints of a person accused of an offence as contemplated by section 4 of the identification of prisoners act, 1920 but noted that there were executive instructions with respect to the manner in which finger print impressions could be taken by the investigating officer and therefore opined that in said circumstance evidence relating ..... in the decision reported as air1976sc69mahmood 13 vs state of uttar pradesh, specimen finger print impressions taken by the investigating officer under section 4 of the identification of prisoners act, 1920, in the absence of a manner prescribed for taking the finger print impressions, was held to be a case of evidence not being admissible with respect to the finger prints obtained and the ..... relevant would it be to further note that in relation to offences punishable with death or imprisonment for life, section 4 of the identification of prisoners act, 1920 would not be applicable because the said provision specifies a prerequisite : that the person concerned is accused of having 15 committed an offence which is punishable with a sentence to undergo rigorous imprisonment for a term ..... misconceived because in the state of rajasthan, the police were competent under section 4 of the identification of prisoners act, to take the specimen fingerprints of the accused, and this they did, in the instant case, before the .....

Harishankar and anr. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2008(4)MPHT381

..... these applicants under section 31(b) of prisoners act, 1900 and filed a challan before the jmfc begumganj, raisen and the learned magistrate has framed charges against these applicants under section 224 of ipc and 31(b) of prisoners act, 1900 on 13-12-2007. ..... circumstances, as provided in section 468(2)(c) of cr.pc the period of limitation is 3 years in these circumstances the court could not have taken cognizance of the offence under section 224 of ipc and 31(b) of prisoners act, 1900 after 3 years. ..... applicants are charged under section 224 of ipc and 31(b) of prisoners act, 1900, in both these offences, applicants can be punished with imprisonment for either description for a term which may extend to 2 years or with fine or ..... before jmfc, begumganj under section 224 of ipc and 31(b) of prisoners act 1900 be quashed.2. ..... against these applicants was lodged by town inspector begumganj on 9-10-2006 almost 8 years of the offence under section 31(b) of prisoners act, 1900.5. ..... in this case, neither prosecution has moved any application under section 473 of cr.pc neither applicants were heard nor learned magistrate has condoned the delay by any speaking order and trial court took cognizance of the offence without satisfying itself about the delay which ..... section 473 are discretionary and wider than section 5 of limitation act. ..... that, both the applicants were convicted by second additional sessions judge begumganj, raisen under sections 302, 34 and 324 of ipc on 10-8-1992 in sessions trial no. .....

K. Dhanasekaran Vs. State by Inspector of Police, C.B., C.i.D.

Court : Chennai

Reported in : 2003(1)CTC223

..... that the specimen signatures were obtained as per the procedure laid down under section 5 of the identification of prisoners act, it is not safe to impose conviction merely on the basis of expert's opinion, in our case, i have already referred to the fact that the evidence of p.ws.1, 3 and 4 are not reliable for the reasons stated above; accordingly, in the absence of compliance of section 5 of the identification of prisoners act, now i shall consider whether the conviction can be based only on the expert's (p.w.8's) evidence ..... evidence of p.w.s-expert and his report-ex.p13, first of all, admittedly though the inspector of police has obtained the specimen signatures of the accused in the presence of p.w.4, he has not made requisition to the magistrate concerned under section 5 of identification of prisoners act to get the specimen signatures from the accused and also the specimen signature from p.w. ..... in the absence of an order from the magistrate concerned under section 5 of the identification of prisoners act, corroborative evidence either direct or circumstantial and in the light ofstatement of p.w.8, i am satisfied that the conclusion arrived based on the evidence of p.w.8 alone cannot be sustained.10. ..... according to him, compliance of section 5 of the identification of prisoners act, 1920 is not mandatory and it is only directory.4. ..... ; (iii) the police officer failed to adhere to the provisions contained in section 5 of the identification of prisoners act, 1920. .....

Narne Gopikrishna and Another Vs. State of A.P. Rep by Public Prosecut ...

Court : Andhra Pradesh

..... days without any justifiable reason and also on the ground that the finger prints of the accused were not taken with the permission of the magistrate in accordance with section 5 of the identification of prisoners act, 1920, and further observed that though under section 4 of the identification of prisoners act, 1920, police are competent to take finger prints of the accused, to dispel any suspicion as to its bona fides or to eliminate the possibility of fabrication of evidence, it is eminently desirable ..... babu khan (air 1997 sc 2960)and submitted that finger prints were taken without obtaining permission from the magistrate as contemplated under section 5 of the identification of prisoners act, 1920, and as such the same is inadmissible in evidence and cannot be looked into and the conviction of the accused based on such evidence cannot be ..... state of rajasthan (air 1978 sc 1248), when it was contended by the appellant therein that in view of section 5 of the identification of prisoners act, it was incumbent on the police to obtain the specimen thumb impression of the appellant before a magistrate, and since that was not done, the opinion rendered by the finger-print expert by using those illegally ..... ) also, the honble apex court held that the specimen finger-prints of the appellant were not taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act, which was another suspicious feature about conducting of investigation. .....