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

Parveen Kumar Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2001CriLJ4583; I(2002)DMC486

..... 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 to be released on condition that he be placed under the supervision or authority of a government officer or a secular ..... 'rule 9 of the rules 1927 lays down as follows: 'classes of offenders not eligible for conditional release : the following classes of offenders shall not be eligible for conditional release under the act(a) persons who have been convicted for offences under the following acts, or provisions thereof :-(i) chapters vi and vii, sections 216a, 302, 303, 311, 328, 364, 376, 377, 382, 386 to 389, 392 to 402, 413, 455 to 460 of the indian penal code. ..... the impugned order annexure p-5 is 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 order.12. .....

Jhanda Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1976P& H358

..... for the sake of clarity, i must observe that by virtue of the provisions of sub-section (2) of section 3 of the prisoners act, the extra-territorial efficacy of only writ, warrant or order of the courts by which the prisoner had been committed or the power of the government of the transferor state to remit or commute the sentence of such a prisoner, is preserved which by necessary implication would mean that in regard to all other matters, the transferred prisoner would be subject to the provisions of the jail manual of the transferee state as ..... normally, the superintendent of the central jail, jabalpur, has, therefore, under the first part of section 3(2), a right to detain the petitioner till the completion of his sentence of imprisonment for life, unless he is discharged or removed, in due course of law, under the second part of that section.now, the expression 'in due course of law', appearing in sub-section (2) of section 3, in the context in which it appears, must be interpreted, as meaning 'under some rule ..... (2) whenever an application is made to the appropriate government for the suspension or remission o a sentence, the appropriate government may require the presiding judge of the court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of .....

Gurcharan Kaur Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1983CriLJ722

..... and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the state government is satisfied that:(a) a member of the prisoner's family has died or is seriously ill, or(b) the marriage of the prisoner's son or daughter is to be celebrated : or(c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence : or(d) it is desirable ..... released, all or any of the following penalties shall, after affording the prisoner a reasonable opportunity of being heard, be awarded to him by the superintendent of jail, namely:(a) a maximum cut of five days' remission for each day of overstay;(b) stoppage of canteen concession for a maximum period of one month;(c) withholding concession of either interviews or letter or both for a maximum period of three months;(d) the period of temporary release on furlough of the prisoner under section 4 shall not be counted towards his sentence;(e) warning:(f) reduction from ..... or is to be, confined for undergoing the sentence, section 3 of the prisoners act, 1900, which is reproduced, also provides to the same effect:3. ..... the president of india and the government under its power to grant remissions or reprieve. .....

Present: Mr. Tarun Vaid Advocate Vs. State of Haryana and Others

Court : Punjab and Haryana

..... or extortion, causing grievous hurt, death or waging or attempting to wage war against government of india, buying or selling minor for purpose of prostitution or rape with a woman below sixteen years of age or such other offence as the state government may, by notification, specify; section 5-a as inserted by the amended act says that notwithstanding anything contained in sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough: provided that a hardcore prisoner may be allowed to attend the marriage of his child, grand child or sibling, or death ..... armed police escort, for a period of forty jitender kumar 2014.05.16 17:26 i attest to the accuracy and integrity of this document chandigarh crwp no.2149 of 2013 (o&m) -3- eight hours to be decided by the concerned superintendent jail and intimation in this regard with full particulars of hardcore prisoner being released, shall be sent to the concerned district magistrate and superintendent of police within twenty four hours.the prayer made by the petitioner does not fall within the proviso to section 5-a of the act as aforesaid. .....

Lakhvinder Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 1998CriLJ942

..... while drawing the conclusions the supreme court held (para 9):- that the appropriate government which is empowered to grant remission under section 401 of the code of criminal procedure is the government of the state where the prisoner has been convicted and sentenced, that is to say, the transfer state and not the transferee state where the prisoner may have been transferred at his instance under the transfer of prisoners act; and. ..... - subject to the provisions of this constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws :provided that in any matter with respect to which the legislature of a state and parliament have power to make laws, the executive power of the state shall be subject to, and limited by, the executive power expressly conferred by this constitution or by any law made by parliament upon the union or authorities there of. ..... (2) whenever an application is made to the appropriate government for the suspension or remission of a sentence, the appropriate government may require the presiding judge of the court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. .....

Bhai Jasbir Singh Vs. State of Punjab Through Chief Secretary and ors.

Court : Punjab and Haryana

Reported in : 1995CriLJ285; (1994)108PLR153

..... the punjab jail manual is stated to have been codified on the basis 'of the provisions of the prisons act and the rules framed thereunder, transfer of prisoners act habitual offenders act, punjab good conduct prisoners act and such other similar provisions about a century back. ..... vide our order dated 153.1994, we directed that inspector general of prisons, punjab and superintendent, central jail, jalandhar to explain their position ill view of the allegations made in the petition by means of their affidavits.3. ..... section 167 provides a procedure for custody of the accused when investigation of an offence cannot be completed within the stipulated period and section 309 deals with the power of remand during the trial of a case when proceedings are postponed or adjourned in a criminal case. ..... of any order made under section 3 to the officer in charge of the prison in which the person named therein is confined that officer shall cause him to be taken to the court in which his attendance is required, so, as to be present in court at the time in such order mentioned and shall cause him to be detained in custody in or near the court until he has been examined or until the judge or presiding officer of the court authorises him to be taken back to the prison in which he was confined ..... remand of the accused persons is governed and controlled by sections 167 and 309 of the code of criminal procedure. .....

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 1990CriLJ1417

..... the provisions of sub-section (2) of section 3 of the prisoners act, the extra territorial efficiency of only writ, warrant or order of the court by which the prisoner had been committed or the power of the government of the transferor state to remit or commute the sentence of such a prisoner, is preserved which by necessary implication would mean that in regard to all other matters, the transferred prisoner would be subject to the provisions of the jail manual of the transferee state as also other laws bearing upon the detention of a prisoner in its jail.'7. ..... of article 72 of the constitution of india relating to powers of the president to grant pardon, reprieve, respite or remission of punishment with article 161 relating to similar powers of the governor shows that only the president is empowered to exercise those powers in cases where the punishment or sentence is by a ..... the petitioners are not entitled to remission granted by the state government or any officer of the state government unless the same is agreed to by the president or an officer of the army authorised under the army act. ..... in the endorsement of the said order the superintendents of jails were asked to furnish names and particulars of prisoners who had been convicted by the court martial so that the matter for the grant of remission could be taken up ..... , therefore, where the punishment or sentence is by a court martial, it is president alone who is competent under article 72 of the constitution, inter alia, to grant .....

Lakha Singh, Sarpanch, Gram Panchayat Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 2004CriLJ2156

..... in part ii of such register may be entered at the discretion of the superintendent-- (a) persons who have been convicted twice, or more than twice, for offences mentioned in rule 27.29 :(b) persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not;(c) persons under security under sections 109 or 110, code of criminal procedure;(d) convicts released before the expiration of their sentences under the prisons act and remission rules without the imposition of any ..... the surveillance register at the discretion of the superintendent in case--a) he has been convicted twice, or more than twice, of offences mentioned in rule 27.29;b) where the persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not;c) persons under security under sections 109 or 110, code of criminal procedure;d) convicts released before the expiration of their sentences under the prisons act and remission rules without the imposition of ..... never remained in custody under section 109 nor 110 of the code of criminal procedure or he is convicted nor released before the expiration of his sentence under the prisons act and remission rules. ..... persons restricted under rules of government made under section 16 of the restriction of habitual offenders (punjab) act, 1918. ..... state of punjab, 1988 (2) rcr (criminal) 682 (sic) and amrik ..... state of punjab, (1988) 1 rec cri r 274; kashmira .....

Birmati and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : 1997ACJ1164; (1997)115PLR61

..... - the local government shall provide, for the prisoners in the territories under such government, accommodation in prisons constructed and regulated in such manner as to comply with the requisition of this act in respect of the separation of prisoners.567. ..... - the requisition of the prisons act with respect to the separation of prisoners are as follows :-(1) xx xx xx xx xx (2) xx xx xx xx xx(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners and(4) civil prisoners shall be kept apart from criminal prisoners.'9. ..... while adverting to the grant of relief to the heirs of a victim of custodial death, it was held that it is not always enough to relegate him to the ordinary remedy of a civil suit to claim damages for the tortuous act of the state as that remedy in private law is indeed available to the aggrieved parly; that a victim or his dependents are entitled to get relief under the public law by the courts exercising writ jurisdiction, which are the primary ..... a gang of five prisoners and a convict officer may be employed in the garden of the inspector-general of prisons, superintendent of a central or district jail and superintendent, borstal institution and juvenile jail when these officers reside in quarters near the jail premises ..... he had also been convicted under section 25 of the arms act by the additional sessions judge, sonepat, for a period of six months on 3.2.1923 in fir no ..... vandana malhotra, an advocate appointed amicus curiae by the court .....

Shavinder Singh Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : 1973CriLJ1633

..... section 59 of the prisons act confers a power on the state government to make rules, inter alia, for rewards for good conduct. ..... we might, therefore, while conveying the president's directions, request the state government to keep in mind the fact that no orders for remission should be passed without consulting the government of india in this respect.3. ..... that the minister did not do so and the mere petition was placed before the president of india leaves no room for doubt that the central government did not exercise the powers under section 402-a. ..... in this behalf, reference was made to paragraph 13 of the joint return dated 20th december, 1971, filed by the punjab state and the superintendent, district jail, nabha, to the following effect:-it is stated that the correct position is that the petitioner has so far undergone the below noted actual sentence in respect of his sentences:- (a) earlier subsequentsentence sentence________ __________date of sentence 29-8.50 21-3-1959y m d y m dactual sentence 21 3 20 12 8 29 21 3 20 12 8 29 undergonetotal remission 8 10 17 5 11 6earnedtotal sentence 30 2 8 18 8 ..... in due course, the order of the president was conveyed to the punjab state aad the superintendent of the jail.5. .....