Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 6 power for 1 state governments to appoint superintendents of presidency prisons Court: orissa

Bhanja Naik Vs. Somanath Mohanty

Court : Orissa

Reported in : AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414

..... 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 includes all lands and buildings appurtenant thereto. ..... 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, 1894. ..... on efflux of such jurisdiction, there is no scope for invoking the inherent power of the high court under section 561a of the code of criminal procedure. 13. ..... two decisions of the supreme court have been relied upon for the proposition that an act of court shall prejudice no man, and if any injury has been caused to any person by a mistake committed by the court, then the latter has the inherent power to rectify its own mistake and remedy the injury. ..... nothing there covers a case of the present type where there was no criminal proceeding pending when the power under section 561a was being invoked and where the high court had become functus officio by passing its final judgment. ..... 'this section is therefore an absolute bar to alter or review a judgment in substantial portions of it except to correct a clerical error and except as otherwise provided by the code or by any other law for the time being in force-section 561a is a provision which prescribes the inherent power of a high court. .....

Rabi Prakash Awasthi Vs. State of Orissa and ors.

Court : Orissa

Reported in : 87(1999)CLT222; 1998CriLJ3268

..... section 433 of the code provides for a power of the state government to commute the sentence and clause (b) thereof provides that the appropriate government may without the consent of the person sentenced commute a sentence of imprisonment for life, for imprisonment tor a term not exceeding 14 years or for fine. ..... :518(1) every case in which a convict is sentenced to rigorous imprisonment has undergone in a jail or jails a period of detention amounting together with ordinary and special remission earned to fourteen years shall be submitted through the inspector-general of prisons as per note to rule 708 of orissa jail manual for the orders of the state government not less than five and not more than six months before the expiry of the period. ..... 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 chapter xxi. ..... that clause reads :(b) in other cases, the state government.article 72 of the constitution of india confers upon the president power to grant pardons, reprieves, respites or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. ..... of prisons, superintendent of district jail, balasore, s.p. .....

Nakafodi Alias Jadumani Parikha Vs. State

Court : Orissa

Reported in : AIR1958Ori113; (1958)24CALLT350; 1958CriLJ785

..... deceased and his son armed with katari and lathi proceeded towards him girding up their loins and abused him saying that they would behead him and give him a burial there.he also stated that the deceased aimed at him a lathi blow on his head, but that he averted his blow on the head and it struck his left hand, that a second blow was given by the deceased which ..... 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 ..... misra, sessions judge, cuttack-dhenkanal for murder punishable under section 302 i. p. c. ..... 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. ..... 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. ..... learned sessions judge acquitted lakshmidhar of the charge mot only under section 302/34 i. p. c. .....

Md. Zurat Azad Khan Vs. Jajati Adhikari

Court : Orissa

Reported in : 83(1997)CLT212

..... acting at his instigation, to be detained in the civil prison for a term which may extend to thirty days.rule 99. ..... decree, then the court in addition to the power under rule 35(3) has been empowered to conduct an enquiry whether the obstruction by that person in ..... proceeding under section 145, ..... satisfies the court that there was sufficient cause for his non-appearance when the application was called on for hearing, the court shall set aside the order or such terms as 10 costs or otherwise ..... governed ..... property by the holder of a decree for the possession of such property or, ..... property by the holder of a decree for the possession of such property or, ..... a separate suit and for this purpose, the court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions ..... for ..... or obstruction in execution of a decree for the possession of immovable property by a ..... or obstruction in execution of a decree for the possession of immoveable property by ..... six proceedings under section 145 of the ..... , the contention of the learned counsel for the appellant that if the person obstructing ..... acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days. ..... stated ..... for ..... for ..... section ..... for ..... for ..... for ..... counsel for the ..... for ..... where the holder of a decree for the possession of immovable property ..... where the holder of a decree for the possession of immoveable property ..... for ..... for ..... section ..... for ..... prison. .....

Nilamani Alias Niranjan Biswal and anr. Vs. Krishna Kumar Kamani and o ...

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. ..... according to shri mohanty, when a decree for injunction has not been obeyed, the court may take recourse to the aforesaid rule and direct such act to be done so far as practicable either by the decree-holder or by a person appointed by the court. ..... 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. ..... reported 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. ..... court 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. .....

Arjun Charan Samal Vs. State of Orissa

Court : Orissa

Reported in : 60(1985)CLT157; 1986CriLJ216

..... 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 rules of business is exercising the said power and admittedly, as stated in the counter affidavit filed by the inspector ..... 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. ..... several acts and regulations govern the establishment and management of the jails, for confinement and treatment of persons therein and the maintenance of discipline amongst them. ..... a set of rules have been framed in the year 1942 for the guidance of the jails in orissa to supplement the law in the acts and the regulations in a consolidated manual (hereinafter called the jail manual). .....

Krishna Chandra Das Vs. the State of Orissa and ors.

Court : Orissa

Reported in : 53(1982)CLT7; 1982CriLJ1724

..... the inspector general of prisons submitted the case of the petitioner to state government for consideration for his premature release in pursuance of rule 518 of the orissa jail manual. ..... the state, in the counter has stated that there has been no remission of the sentence nor there has been any order by the state government for remitting the period of imprisonment as made by the court in the sessions case. ..... the 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 india. ..... the government in law department rejected the reference for premature release and suggested for consideration of the case after one year, the petitioner contends that on a petition for remission of sentence, the collector made some enquiry from the superintendent of police. ..... 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 imprisonment. .....

Ritima Dehuri, Nayagarh Vs. State of Orissa and Others

Court : Orissa

..... right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. ..... (the diary charge officer at the relevant time) checked the hazat and found the said detainee hanging using one portion of the prisoner s blanket and by fastening the other end to the iron rods affixed to the ventilator existing on the western wall of the ..... these circumstances, the refusal of this court to pass an order of compensation in favour of the petitioner will be doing mere lip-service to his fundamental right to liberty which the state government has so grossly violated. ..... the same day, on being directed by superintendent of police, ganjam, sri p.k. ..... at the relevant time, ps case no.15 dated 01.03.2011 under section 309, ipc was registered and the iic investigated into it ..... no.14 dated 1.3.2011 under section 25(i-b) arms act and directed a.s.i. ..... sections 330 and 331, provide for punishment of those who inflict injury or grievous hurt on a person to extort confession or information in regard to commission of an ..... section 220 provides for punishment to an officer or authority who detains or keeps a person in confinement with a corrupt or malicious ..... the provision contained in section 176(1-a) of criminal procedure code prescribes that where any person dies or disappears 4 while in the custody of police or in any other custody authorized by the magistrate or the court, under the cr. .....

Saradhakar Naik and ors. Vs. the King

Court : Orissa

Reported in : AIR1950Ori67

..... 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 limit actions to which the powers of the dominion legislature to make laws for the state are subject i agree with my lord, the chief justice, for the reasons given by him that this agreement ..... meat extending 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. ..... 365, he writes :'the laws which are introduced are not passed by the legislative council of india, but are applied by the government of india ; and the courts, which administer justice within them are courts established by the governor-general in council, or if for convenience' sake neighbouring british judge or magistrate is given authority over these areas, he exercises his functions not as a british judge or magistrate, but under special appointment, under the provisions of the foreign jurisdiction ..... 37 :'the rest of the once semi-sovereign communities are grouped under one or more political divisions called thana circles, over each of which a thanadar with magisterial and judicial powers presides. .....

Bala Majhi Vs. the State of Orissa

Court : Orissa

Reported in : AIR1951Ori168

..... i consider it a tragic ingenuity 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 binding proof of a character deserving the highest credit. ..... yet even here the age, experience, intelligence & constitution, both physical & mental of prisoners are so various, & the power of performance so different in the different persons promising, and under different circumstances of the prosecution, that the rule will necessarily sometimes fail of meeting the truth of the case. ..... in his illuminating arguments, he traced the genesis of the principle governing the admissibility & user of confessions or confessional statements of an accused. ..... he also invited our attention to the dispatch of the govt of india to the secretary of state, dated, 24-7-1913, reproduced in the gazette of india, dated, 7-2-1914, for the purpose of emphasising that the basic requirement of the voluntary character of the confession had international importance & had reference to the fundamental human right - that an accused should be tried in an atmosphere free from prejudice & should .....