Court : Mumbai Nagpur
..... so far as the aspect of "procedure established by law" is concerned, section 59 of the prisons act confers power on the state government to make such rules for the purposes ..... as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. ..... by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. ..... parole is on the basis of administrative instructions framed in exercise of the power conferred by section 59 of the prisons act. ..... to the competency of the state government to frame such rules in exercise of the power conferred by section 59 of the prisons act. ..... heydon's case was decided that for the true interpretation of all statutes in general, four things are to be discerned and considered: (1) what was the common law before the making of the act, (2) what was the mischief and defect for which the common law did not provide, (3) what remedy parliament hath resolved and appointed to cure the disease of the commonwealth, and (4) ..... said rule making power conferred by the prisons act, the rules of 1959 have been framed ..... parole shall be granted without obtaining a police report in all cases except in the case of death of his nearest relatives mentioned above: provided that, a prisoner shall not be released on parole for the period of one year after the expiry of his last parole except in case of death of his nearest relatives .....
Tag this Judgment!Court : Mumbai Nagpur
..... the indian penal code, the superintendent may, in his discretion, use his powers under section 46 of the prisons act, 1894 and award the punishment or forward the prisoner to a court of the magistrate of the first class having jurisdiction, for trial : provided that a prisoner committing any of the following offences shall be prosecuted, namely :- (a) rioting- section 147, indian penal code.rioting.section 148, indian penal code.rioting armed with deadly weaponsection 152, indian penal code ..... rule 25 thereof provides that when an act of prisoner constitutes an offence under section 46 of the prisons act, 1894 and also an offence under the indian penal code, the superintendent may in his discretion use his powers under section 46 of the prisons act, 1894 and award punishment or forward the prisoner to a court of the magistrate of the first class having jurisdiction for trial. ..... gawankar, the learned counsel for the petitioner, submits that in view of section 52 of the prisons act, 1894, the petitioner cannot be sent to the trial before the learned magistrate and also penalized by the superintendent. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the contention appears to be 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 superintendent of police, ..... but, that, to my mind was not necessary because section 4 of identification prisoners act specifically provides that any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow this measurement to be ..... delhi], referred the following question to be adjudicated by a larger bench: whether the sample finger prints given by the accused during investigation under section 4 of the identification of prisoners act 1920 without prior permission of the magistrate under section 5 of the act will be admissible or not ? ..... gambhir next contends that in view of section 5 of the identification of prisoners act, it was incumbent on the police to obtain the specimen thumb-impressions of the appellant before a magistrate, and since this was not done, the opinion rendered by the finger print expert, mr.tankha, by ..... pradesh, reported in air 1976 sc 69 wherein though the specimen fingerprints of accused were obtained on number of occasions at the behest of bureau, they were never taken before or under the order of magistrate in accordance with section 5 of the identification of prisoners act, 1920. .....
Tag this Judgment!Court : Mumbai Nagpur
..... court has, assuming that rules under the prisons act to be valid and not to be dismissed as state law, adopted harmonious reading of section 433a criminal procedure code, and the prison rules as the way out. ..... in view of the findings recorded in an enquiry conducted under section 32 of the 1986 act, that on the date of the offence the accused-petitioner was not a juvenile for the purposes of the 1986 act, which finding has been affirmed right up to this court, it is of no consequence, insofar as this petition is concerned, as to whether the crucial date for purposes of the 1986 act is the date of commission of the offence or the date when the accused first appears in ..... it may be true that by reason of section 3 of the act, no arbitrary power as such has been conferred in view of the fact that the act applies only to certain classes of land and building but the same would not mean that the administrator is free to take any action in any ..... in this judgment, there was challenge to also section 127(2)(aaa) of the corporation act and one of the contentions was state government could not have been permitted to impose itself upon the municipal corporations ..... to state government by section 456a is to be exercised sparingly, and subject to other provisions of the act, like section 127[3], 152a and 152t ..... they point out section 149 and section 152b of the corporation act to contend that such power to determine the class/es of persons liable to pay lbt or exempt therefrom, is with respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... must be seen in the backdrop of the wording of the prison act, 1952 and particularly the sections under consideration. ..... there language of section 40c(1)(a) of the prison act, 1952 fell for interpretation and there the words brings, throws or otherwise conveys fell for consideration ..... having regard to facts and circumstances as stated above, i, k.sankaranarayanan, chancellor, dr.panjabrao deshmukh krishi vidyapeeth, akola, in exercise of the powers conferred upon me under section 11(5) of the act hereby issue directions to the vice chancellor to cancel the appointments of all these 83 sras and jras who were appointed as a result of the above mentioned faulty selection process, after giving each of them ..... so far as point no.1 is concerned, the vice chancellor vide aforesaid letter forwarded another resolution no.ec/38/2011 dated 22.08.2011 passed by the executive council under section 11(4) of the act reiterating its request not to cancel the appointment orders of the 83 sras/ jras who are currently in the service and to reconsider the advice of the chancellor about action to be taken in the matter on the grounds ..... to appoint persons to such posts and to create administrative, ministerial and other posts with the prior approval of the state government and to appoint persons to such posts, as per the prescribed procedure (see section 6(x) and 6(xi) of the said act), then, the selection committee can be appointed to recommend appointment of any person as a member of the academic staff. .....
Tag this Judgment!Court : Mumbai Nagpur
..... must be seen in the backdrop of the wording of the prison act, 1952 and particularly the sections under consideration. ..... there language of section 40c(1)(a) of the prison act, 1952 fell for interpretation and there the words brings, throws or otherwise conveys fell for consideration ..... having regard to facts and circumstances as stated above, i, k.sankaranarayanan, chancellor, dr.panjabrao deshmukh krishi vidyapeeth, akola, in exercise of the powers conferred upon me under section 11(5) of the act hereby issue directions to the vice chancellor to cancel the appointments of all these 83 sras and jras who were appointed as a result of the above mentioned faulty selection process, after giving each of them ..... so far as point no.1 is concerned, the vice chancellor vide aforesaid letter forwarded another resolution no.ec/38/2011 dated 22.08.2011 passed by the executive council under section 11(4) of the act reiterating its request not to cancel the appointment orders of the 83 sras/ jras who are currently in the service and to reconsider the advice of the chancellor about action to be taken in the matter on the grounds ..... appoint persons to such posts and to create administrative, ministerial and other posts with the prior approval of the state government and to appoint persons to such posts, as per the prescribed procedure (see section 6(x) and 6(xi) of the said act), then, the selection committee can be appointed to recommend appointment of any person as a member of the academic staff. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of trans asian shipping services about validity of restriction imposed by the railways, fundamental right to carry on trade or reasonable restriction upon it, violation of article 14 of the constitution of india or then breach of section 70 of railways act, 1989, are all coming after the wrong has been detected. ..... is to urge that restriction on transport of manganese ore violated not only section 70 of the railways act but also article 14 of the constitution of india. ..... she has invited our attention to provisions of section 71 of railways act, 1989, to show that power has been given to central government to issue general or special orders to issue directions to railway administration in regard to carriage of ..... he has taken us through the provisions of sections 64, 66 and 83 of railways act, 1989, to demonstrate how the consignor or person in-charge of goods is made ..... he found that provisions of sections 66 and 83 of railways act, 1989 enable container corporation to claim the same ..... questions whether such a restriction could have been imposed by railways, whether it is in consonance with railways act or constitutionally valid , are rendered only academic in the present matter. ..... that restriction imposed on transport of manganese ore is violative of section 70 of the railway act, 1989. 6. ..... the perusal of provisions of section 71 show a power with railway board to issue general or special order and restrict or refuse to accept particular goods or class of goods at or to a particular ..... prison .....
Tag this Judgment!Court : Mumbai Nagpur
..... are the points that arises for our determination.sr.no.pointsfinding1whether the prosecution has proved that death of vishwanath lahane is homicidal one?proved2whether the prosecution has proved that the prisoner-ramesh is responsible for the homicidal death of vishwanath lahane?not proved3whether the capital punishment as awarded by the learned court below is only adequate punishment to the ..... are closely examined, then it will reveal that they are elaborated version of following three circumstances:- (a) last seen theory; (b) the discoveries at the instance of prisoner ramesh, his memorandum statement u/s 27 of the evidence act; and (c) motive even the learned trial court while concluding that ramesh is guilty of commission of death of vishwanath, has referred to above three circumstances only. ..... the point that her deceased husband informed her at the time of going to washim for attending the marriage ceremony that, thereafter, he will visit the house of prisoner ramesh.5jaiwanta ramchandra lahnethe prosecution has examined this witness to prove that on 5.2.2012 he left the deceased vishwanath near chintamani hotel at his request so that he could ..... 10-rathod, registered a crime vide crime no.18/2012 for the offence punishable under sections 302, 201 read with section 34 ipc against the persons who were named in the fir. ..... lahane on the basis of which crime bearing no.18/2012 for the offence punishable under section 302, 234 ipc was registered.5exh. ..... under section 174 ..... 22) section 27 .....
Tag this Judgment!Court : Mumbai Nagpur
..... needless to mention, the said order was carried in appeal and the appellate authority vide order dated 13.03.2014 was pleased to reject the said appeal by citing the reason that sub rule (13) of rule 4 of the prisons (bombay furlough and parole) rules, 1959 disentitles the present petitioner to claim the relief of furlough. 3. ..... prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners;" the amended rules including aforesaid one came into existence by notification dated 23.02.2012. 4. ..... inspector general of prisons, nagpur and order dated 13.03.2014 passed by inspector general of prisons, pune, are quashed and set aside. ..... rule 4 of the prisons (bombay furlough and parole) rules, 1959 deals with the categories of prisoners, who shall not be considered for release on furlough. ..... (prisons) dated 06.01.2013, together with the order dated 13.03.2014 by appellate authority, by which his application for furlough leave was rejected. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] ..... at (1995) 2 scc 513, wherein it has been held that when an appeal is preferred under section 374 of the code of criminal procedure, that appeal is against conviction as also sentence. ..... the scheme of article 192 and section 146 of representation of people act, is pressed into service by him to urge that it is for the office of governor and respondent ..... continuation for a period of six years after his release from prison does not spring into life. ..... in these facts when the governor decides, the hon'ble governor is not acting as representative of state on aid and advise of the ministers, but he is guided by the opinion of the ..... is claimed under article 191 (1) of the constitution of india with further declaration under article 190(3)(a) read with section 8(3) of the representation of the people act, 1951, (hereinafter referred to as r.p. ..... he was never put in prison because of suspension of his sentence by the appellate court on ..... disqualification is not only for the current tenure but also for a period of six years after his release from prison. ..... points out that such disqualification continues for a period of six years from the date of release from prison. ..... was not sent to prison. .....
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