Court : Orissa
Reported in : AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414
..... section 2(b) of the prisoners act, 1900, also defines 'prison' which though less elaborately stated, is covered by the definition of 'prison' under the prisons act ..... sections (1), (2) and (3) of section 3 of the prisons act, 1894, and sections 2(b), 3 and 4 of the prisoners act, 1900 ..... are authorities in support of the view that the judicial lock-up used for detention of undertrial prisoner is also a prison within the meaning of section 3(1) of the prisons act, 1894, vide air 1931 lah 353. ..... section 3(1) of the prisons act defines 'prison' as jail or place used permanently or temporarily under the general or special orders of state government for the detention of prisoners, and ..... criminal prisoner within the meaning of the definition of the term in section 3 (2) of the prisons act. ..... sections 3 and 4 of the prisoners act prescribe the duties of officers in charge of prisons ..... the provisions of the prisons act and the prisoners act referred to by mr. ..... of sentence passed on the two petitioners was filed on the ground that the attention of the high court was not invited to the provisions of the probation of offenders act, 1958, under which imposition of the sentence of imprisonment was prohibited, the accused being 21 years of age, and accordingly the order passed in the criminal revision was ..... sub-section (2) of section 3 defines 'criminal prisoner' as any prisoner duly committed to custody under the writ, warrant or order ..... section (3) defines 'convicted criminal prisoner' as any criminal prisoner .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT222; 1998CriLJ3268
..... in exercise of the powers conferred by section 59, sub-section (5) of the prisons act, 1894, the rules for shortening of sentences by grant of remissions have been made and are contained in ..... is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.the said provision is applicable to two categories of convicts (a) those who could have been punished with the sentence of death ..... person has been sentenced to imprisonment for life, the remissions earned by him during his internment in prison under the relevant remission rules have a limited scope and must be confined to the scope and ambit of said rules and do not acquire significance until the sentence is remitted under section 432, in which case the remission would be subject to section 433a of the code, or constitutional power exercised under article 72 or article 161 of the constitution. ..... of pardon, whether it is under article 161 or article 72 of the constitution or under sections 306, 432 and 433 of the code is the exercise of sovereign power.the legal position is this : before amending act xxvi of 1955 a sentence of transportation for life could be undergone by a prisoner by way of rigorous imprisonment for life in a designated prison in india. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori113; (1958)24CALLT350; 1958CriLJ785
..... here, therefore, in considering this case, you must determine, whether all these prisoners had the common intent of attacking the constable; if so, each of them is responsible for all the acts of all the others done for that purpose; and if all the acts done by each, if done by one man, would together show such violence, and so long continued, that from them you would infer an intention to kill the constable, it will be murder in them all ..... the appellant is convicted for culpable homicide not amounting to murder under section 304, clause (1) i. p. c. ..... i am, therefore, of the opinion that the appellant is guilty of culpable homicide not amounting to murder as the case falls under section 300, exception ii, i. p. c. ..... i would therefore set aside the conviction and sentence of the appellant under section 302 i. p. c. ..... i) by the appellant or by the farsa blow given by lakshmidhar and consequently under these circumstances the appellant cannot be said to have caused the death of the deceased and as such he is not liable under section 302 i. p. c. ..... holding that there was no common intention, but also of the charge under section 302 i. p. c. ..... the learned sessions judge acquitted lakshmidhar of the charge mot only under section 302/34 i. p. c. ..... was further charged under section 324 i. p. c. ..... both of them were also tried on charges under section 302 i. p. c. ..... the accused were charged under section 302/34 i. p. c. ..... misra, sessions judge, cuttack-dhenkanal for murder punishable under section 302 i. p. c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori182; 2006(II)OLR323
..... the statutory illustration illustrates the scope of the rule by an instance that where a person of little substance erects a building which renders a family mansion uninhabitable and the judgment-debtor, in spite of his detention in prison and attachment of property, declines to obey the decree, the court may remove the building which the decree has directed to do and may recover the cost from the judgment-debtor in execution proceedings. ..... held as follows:sub-rule (5) of rule 32, under which the decree-holder seeks relief, authorizes the court to direct that the act required to be done, may be done, so far as practicable, by the decree-holder or some other person appointed by the court at the cost of the judgment-debtor ..... in the said execution case, the petitioners filed an application under section 47 of the code of civil procedure challenging executability of the decree on the ground that the decree being one for mandatory injunction, the same cannot be executed and therefore prayed to drop the proceeding ..... in , the court interpreting order 21, rule 32 sub-rules (1) and (5) observed as follows:a decree for injunction of any kind cannot be executed in any other manner than provided under section 51 read with order 21, rule 32. ..... of the learned civil judge (senior division), first court, cuttack have filed this writ application challenging the order dated 19.4.2006 passed by the learned civil judge rejecting their application filed under section 47 of the code of civil procedure.2. .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT157; 1986CriLJ216
..... 8-1-1963 issued by the home department under section 59(5) of the prisons act, 1894. ..... . the orissa jail manual which is also a statutory one having been framed under the prisons act also provides procedure as to how the case of a life convict is to be dealt with after he has undergone sentence of fourteen years, including the remissions earned by him ..... . negation of the said right of the detenu does not take away his right to be considered by the state government under section 433 of the code read with rule 518 of the orissa jail manual and every application which is contemplated to be forwarded by the inspector general of prisons under rule 518 of the orissa jail manual has to be considered and disposed of by the state government obviously meaning thereby, by the concerned minister who under the ..... . inserted by the amendment act of 1978 obligates the actual detention in prison for full 14 years as a mandatory minimum in the two classes of cases where the court could have punished the offenders with death but did not or where the court did punish the culprit with death but he survived through the conviction to life imprisonment granted under section 433, cr. p.c ..... . it was also held therein that every person who had been convicted by the sentencing court before december, 1978 (when the amendment act of 1978 came into force) would be entitled to the benefits accruing to him from the remissions scheme or short sentencing projects as if section 433a did not stand in his way.8 .....
Tag this Judgment!Court : Orissa
Reported in : 53(1982)CLT7; 1982CriLJ1724
..... the rules framed under the prisons act enable such a prisoner to earn remissions - ordinary special and state - and the said remissions will be given credit towards his term of ..... sentence is indeterminate and of uncertain duration, the result of subtraction from an uncertain quantity is still an uncertain quantity and release of the prisoner cannot follow except on some fiction of quantification of a sentence of uncertain duration, godse was sentenced to imprisonment for life. ..... that is why the rules provide for a procedure to enable the appropriate government to remit the sentence under section 491 of the code of criminal procedure on a consideration of the relevant factors, including the period of remissions ..... question of remission is exclusively within the province of the appropriate government, and in this case it is admitted that, though the appropriate government made certain remissions under section 401 of the code of criminal procedure, it did not remit the entire sentence. ..... release would follow only upon an order under section 401 of the criminal procedure code, 1898 (corresponding to section 432 of the 1973 code) by the appropriate government or on a clemency order in exercise of power under article 72 or 161 of the constitution of ..... fact is that the petitioner has been convicted under section 302 i.p.c. ..... earned considerable remissions which would have rendered him eligible for release had life sentence been equated with 20 years of imprisonment a la section 55 i.p.c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... sought to derive support for bis argument by submitting that this agreement was only a supplementary instrument of accession, the implication being that if it is treated as a supplementary instrument of accession, he may be able to press in aid section 8, sub-section 2, government oe india act which requires that an instrument of accession shall specify the matters which the ruler accepts as matters with respect to which the dominion legislature could make laws for the states and the ..... states not by its own force but by virtue of adaptation by a legislative order enacted by the provincial government of orissa in pursuance of the authority delegated to it by the central government under the provisions of the extra provincial jurisdiction act, and in exercise of the jurisdiction that the central government has derived from the states by the integration agreement of december 1947.75. the substance of the arguments on behalf of the petitioner is :(1) that the integration agreements do ..... until any other law having the effect of repealing section 6, indian independence act is made and promulgated by the dominion legislature, it cannot make any law for area beyond territorial limits of the ..... the orissa maintenance of public order act, 1948, to the said states was ultra virea and, the arrest and detention of the prisoners were illegal, and without jurisdiction.4. ..... the petitions, the legality of arrests and detentions of the prisoners has been challenged on identical grounds, viz. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori168
..... all the circumstances of the particular case whether the improper influence was totally done away with before the confession was made'.from this follows the necessity of giving the prisoner sufficient time for reflection & guarding against his being influenced by the police so as to ensure that no police was present at the time of taking the confession though according to ..... compliance wherewith have been provided for in the matter of recording, are intended to secure (i) spontaneous & voluntary character of the statement, that is, freedom from impressions supposed to have been caused in the prisoner's mind due to inducement, threat, or promise; (ii) faithful recording of the statement actually made by him - in this connection, i should advert to the caution given by some eminent judges that ..... all these references, & i am fully satisfied that even the slightest stress of compulsion, exercised in any of the remotest possible manner continuing working upon the mind of the prisoner would vitiate the testimonial trustworthiness of his confession, & that in every civilised country freedom from compulsion on the accused's mind has always been insisted upon as the basic requirement ..... that it should at all be advanced seriously as a contention that in view of schedule 9, evidence act, a mag can deliberately infract the caution provision in schedule 64 & the questioning provision in the selfsame section & leave a bare & nude record for the purpose of being used against the accused as a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori35; [1965(10)FLR313]
..... confirmed by the record-of-rights and duties of various classes of sevaks and others employed for or connected with seva-puja of the temple prepared under the puri shri jaggannath temple (administration) act (orissa act 14 of 1952) read with the rules made thereunder as published in the orissa gazette on june 27, 1956, 'ballav jogania' appears under the column 'class of sevaks' and ..... hygienic conditions in the temple and of proper standard of cleanliness and purity in the offerings made therein, as required under section 15(4) of the shri jagannath temple act 11 of 1955 quoted above, is for preserving spiritual atmosphere of the temple and for providing facilities to the pilgrims to ..... are actually done by the sevaks and other employees for or connected with the seba-puja of the deity in the temple.for instance, under sub-section (4) of section 15 the committee is to ensure maintenance of order, discipline and proper hygienic conditions in the temple and of proper standard of cleanliness and purity in the ..... that is why their lordships thought it would be unreasonable to hold that educational institutions are employers within the meaning of section 2(g), or that the work of teaching carried on by them is an industry under section 2(j), because, essentially the creation of a well-educated, healthy young generation imbued with a rational progressive outlook on life which is the sole aim of education, cannot at ..... police service or as an officer or other employees of a prison ..... .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT225; 1992(I)OLR421
..... we are persuaded to accept the reasonings advanced by the learned single judge of the bombay high court in the aforesaid case to hold that until notification constituting special court is issued by the government under section 36 of the act, the court of session will have the powers of special court under the provisions of the special statute and in such a case not only the court of session can try but also can exercise the ..... when he moved the application for bail, the magistrate as well as the learned sessions judge refused the prayer for bail in view of the provisions contained in section 37 of the act as they were not satisfied that there were reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any such offence while on bail. ..... while exercising that power, the high court also has to consider the limitations of granting of bail specified in clause (b) of sub-section (1) of section 37 of the act, namely, the public prosecutor must be given an opportunity to oppose the application for bail and if the public prosecutor opposes the application, then the court must be satisfied that there are reasonable grounds for ..... if the detention is unauthorised certainly the person concerned can move the high court in a proceeding for habeas corpus and in that case the high court will be entitled to set the prisoner at liberty if it is satisfied that the detention is unauthorised. .....
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