Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 36 repealed Court: andhra pradesh Page 7 of about 111 results (0.114 seconds)

E. Pedda Subba Reddy and ors. Vs. State and anr.

Court : Andhra Pradesh

Reported in : AIR1969AP281; 1969CriLJ1025

..... of both the characters, that for determining the objections to the nomination papers he is a judicial officer, but it however took the view that though his function as returning that though his function as returning officer under section 36(2) of the representation of the people act was of judicial character he was not acting judicially in discharging his duties, as in exercising that power he was authorised to come to decision 'after such summary enquiry if any as he thinks necessary'. ..... therefore a magistrate has to act in accordance with the provisions of law and no option is given to decide in a summary manner.when a prisoner is produced before him with entries of a case diary under section 167, cr. p. c. ..... under section 167(3) if a magistrate order detention of prisoner in the custody of the police he has to exercise his judicial mind and see from the materials placed whether such a course is warranted and record his reasons for entrusting the prisoner to the custody of the police. ..... that was a case arising under the prevention of corruption act and having regard to the wording of the proviso to section 3 of the prevention of corruption act, it was held that ' the stage at which a warrant is asked for under the proviso to section 3 of the act is not on cognizance of the offence by the magistrate as contemplated by the other three sections. .....

In Re: Sri V. Satyanarayana Rao S/O. Sri V.C. Rao

Court : Andhra Pradesh

Reported in : 2007(6)ALT294

..... in accordance with section 12(3), read with rule 32(1) & (2) of the contempt of courts rules, 1980, the first respondent shall be detained in civil prison for a period ..... to the court, in an appropriate case, to accept an unconditional apology based on the factual position, dropping the proceeding of contumacious acts deliberately done without compunction, after accepting the apology offered, would be a premium for the flagrant abuse of the judicial process. ..... the first respondent is sentenced, under section 12(1) of the contempt of courts act, to undergo simple imprisonment for a term of fifteen days and ..... it is true, as we have seen earlier, that section 12 of the said act gives an option to the court to choose from any of ..... bones in observing that, normally a sentence of fine should be imposed and a sentence of imprisonment should be restricted to the rarest of rare' cases, wherein the contumacious act is, per se, is so gross and reprehensible that a sentence of fine would be wholly disproportionate to its gravity. ..... under section 12(1) of the contempt of courts act, save as otherwise expressly provided in this act or any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ..... to be properly dealt with not only to punish them for the wrong done but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice. .....

Shadul Mohd. Vs. Collector and District Magistrate, Medak District and ...

Court : Andhra Pradesh

Reported in : 1999(5)ALD194; 1999(5)ALT111; 1999CriLJ4215

..... it is stated in the counter-affidavit that the detention order was served on the detenu on 12-6-1999.with regard to the last contention that as per section 11(1) of the act the advisory board has not submitted its report within seven weeks from the date of detention and no reasonable opportunity was given to the detenu to produce witnesses, the counter ..... in addition to the above, a memo bearing no.370/l&o-ii;/a1/99-10, dated 20-7-1999 was addressed to the superintendent of central prison with a request to intimate the date, time and venue of the advisory board meeting to the detenu in writing and it was also stated that the detenu should also be informed of his right ..... from the chairman, advisory board, on 20-7-1999 a wirelsess communication was sent to the first respondent and to the superintendent central prison, secunderabad with regard to the meeting of the advisory board. ..... submitted that the contention of the petitioner that thedetention order dated 10-6-1999 was served on the detenu on the same day and he was arrested in pursuance of the detention order and lodged in central prison, musheerabad, hyderabad is not correct and the same is denied. ..... the superintendent of central prison addressed a letter to the government dated 23-7-1999 stating that the detenu would be produced before the advisory board on 28-7-1999 on 28-7-1999, the detenu ..... junior maternal uncle was served with a detention order dated 10-6-1999 and was arrested and lodged at central prison, musheerabad, hyderabad. .....

P. Mallesham and ors. Vs. Mohd. Yousuff

Court : Andhra Pradesh

Reported in : 1987CriLJ1369

..... i accordingly convict the respondent for his detention in a civil prison for a period of fifteen days under section 12 of the act and impose fine of rupees one thousand only, in default, to undergo imprisonment for a ..... that the contemnor has deliberately and wilfully disobeyed the orders of this court, he is liable for conviction under section 12 of the act for imposition of a fine or sentence or with both, and if the circumstances do warrant the imposition of a sentence notwithstanding the power to impose, a fine, it also can punish the contemnor for simple imprisonment and detain the contemnor in a civil prison for a period not exceeding six months.7. ..... they filed this application against the respondent under section 12 of the contempt of courts act (act 70 of 1971), for short 'the act', for wilful disobedience of the orders of this court d/-19-3- ..... section 12 posits that 'notwithstanding anything contained in this section, where a person is found guilty of civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six ..... sub-section (1) section 12 postulates that 'save as otherwise expressly provided in this act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two .....

Mannava Venkayya and ors. Vs. Kanneganti China Punnaiah

Court : Andhra Pradesh

Reported in : 1957CriLJ624

..... of the grounds of detention to the person effected; facts telling against the detenue which the detaining authority considers to be against the public interest to disclose, need not be communicated; the rules of the evidence act do not apply; tile detention might continue for three months without any inquiry and longer, if an advisory board reports that in its opinion there is sufficient cause for such detention; there is no right to ..... any person ordered to give security under section 118 does not give such security on or before the date on which the period for which the security is to be given commences, he shall be committed to prison until the expiry of such period or until security is given.detention in prison under section 123, cr. p. ..... the reason for the imprisonment imposed under section 123, just as in the case of detention under preventive detention acts, is the maintenance of public safety or public peace, though other reasons might also justify an ..... it gives protection against such arrests as are effected otherwise than under a warrant issued by a court on the allegation or accusation that the arrested person has or is suspected to have committed, or is about or likely to commit an act of a criminal or quasi-criminal nature or some activity prejudicial to the public or the state interest. ..... it is not without significance that while the preventive detention act was almost the first target of attack on the ground of its unconstitutionality after the coming into force of .....

P.D. Gurunadha Prasad Vs. Deputy Director of Mines and Geology and ors ...

Court : Andhra Pradesh

Reported in : 1988CriLJ1543

..... therefore, a reading of these provisions clearly shows that if any order, direction, decree, writ or other process of a court is wilfully disobeyed it amounts to contempt of court under section 12(1) of the act and he is liable for conviction forthe said conduct and be punished with simple imprisonment for a term which may extend to six months and if the explanation offered is not found to be satisfactory and it is not bona fide, ..... dhanamjayudu son of pitchaiah, assistant director, mines and geology, guntur the second respondent has committed contempt of this court and accordingly he is punished under s.12 of the act and sentenced under j section 12 that he shall be detained in a civil prison for a period of two months.14. ..... (3) shows 'notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.'7. ..... the non-obstante clause engrafted in sub-section (3) thereof, makes the intention of the legislature more explicit saying that the apology does not bind the court and in an appropriate case, depending upon the gravity of the situation and the contumacious conduct, a sentence of detaining the contemner in civil prison also could be imposed13. .....

Ashok Thadani Vs. Ramesh K. Advani and ors.

Court : Andhra Pradesh

Reported in : 1982CriLJ1446

..... the learned counsel for the petitioner contended that by reason of section 6 of the prisoners (attendance in courts) act, 1955 the officer-in-charge of the district jail, darjeeling was bound to abstain from complying with the warrant for production issued by the special magistrate, ..... now, when an order of production is made under sub-section (1) or sub-section (2) of section 3, what is to be happen that is provided in section 5 which says that upon delivery of such order of production to the office in charge of the prison that officer shall cause the person named in the order to be taken to the court in which his attend be taken to the court in which his attendance is required so as to be present ..... counsel appearing for the petitioner in that case contended that the removal of the girl under section 13 of the bengal act amounts to her arrest and that therefore, the person concerned should be entitled to the protection ..... as a result of the orders of the magistrate the girl was rescued from brother house and was sent to the rescue home under the provisions of section 13 of the magistrate under section 13 are not illegal and the custody of the girl as provided for by the orders of the magistrate is not wrongful or illegal. ..... section (2) of the prisoners (attendance in courts) act ..... for trial under sections 8 and 9 of the bengal suppression of immoral traffic act, 1933 on the allegation that the offences punishable under the said section had been committed ..... section 6 of the acts .....

Naveen Krishna Bothireddy Vs. State of Telangana and Another

Court : Andhra Pradesh

..... [1] is clear that once accused is arrested in connection with investigation or other proceeding under section 5 of the identification of prisoners act, 1920, a magistrate of the first class, where satisfied that, for purpose of said investigation or proceeding under the criminal procedure code, it is expedient to direct the person to allow his photographs or measurements (which include finger impressions or foot print impressions as per section 2(i)(iii) of the act, 1920 (that may extends to signatures even) for purpose of comparison with any ..... by way of example, we may refer to sections 185, 202, 203 and 204 of the motor vehicles act, sections 53 and 54 of the code of criminal procedure and section 3 of the identification of prisoners act, 1920. ..... dna profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (emphasis added) b) registered medical practitioner means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956 (102 of 1956) and whose name has been entered in a state medical register.] (b). ..... relevant provisions dealing with opinion evidence: (i) section 45 of the evidence act, speaks that- for the court to form an opinion the opinion of an expert is ..... expert opinion evidence is no way an exception to it being opinion of a third person inadmissible as a general rule, but for sections 45-51 evidence act and the like from other provisions. .....

Nutan J. Patel Vs. S.V. Prasad and ors.

Court : Andhra Pradesh

Reported in : 1993CriLJ989

..... of the central government, not below the rank of joint secretary to that government, specially empowered for the purposes of this section by that government, or any officer of a state government, not below the rank of a secretary to that government may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from - (i) smuggling goods, or (ii) ..... a perusal of the para extracted above, it is clear that the 1st respondent was satisfied that the detenu was a fit person to be detained under cofeposa act as action under normal law alone will not have the desired deterrent effect on him and that it is in the interest of national economy. ..... relevant portion of the grounds at para 37 may be read here : 'therefore, after taking all the aspects of the case into consideration, i am fully satisfied that you are a fit person to be detained under cofeposa act, 1974 in the interest of national economy, as action under normal law alone will not have the desired deterrent effect on you. ..... patel, aged about 43, resident of bombay (presently a remand prisoner at central prison, hyderabad), that with a view to preventing him effectively from further engaging in smuggling of goods, it is necessary to make a detention ..... of the said act and kept in the central prison, hyderabad'. 21. ..... of the said act and kept in central prison, hyderabad. .....

Zafu Javeed Vs. V. Narasimha Reddy and Others

Court : Andhra Pradesh

Reported in : 1998(6)ALD663; 1998(6)ALT608

..... such a transferee from raising further contentions is based on the salutary principle adumbrated in section 52 of the transfer of property act.when a decree-holder complains of resistance to the execution of a decree it is ..... the power of appellate court while dealingwith appeals under both the provisions are the same as stipulated in section 107 which reads thus:'section 107: powers of appellate court :-(1) subject to such conditions and limitations as may be prescribed, an appellate court shall have power- (a) to determine a case finally; (b) to remand a case; (c) to frame ..... order 21 of the amended code has only status of 'deemed decree' and not a 'decree' by itself and that such orders are not covered by definition under section 2(2) namely of 'decree' so as to attract the provisions of section 96 of cpc and thereby only a 'miscellaneous appeal' lies against such 'order' and not a 'regular appeal'. ..... where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days. ..... , where the applicant is still resisted or obstructed, in obtaining possession, the court may also, at the instance of the applicant order the judgment-debtor or anyperson acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days. .....