Court : Punjab and Haryana
Reported in : 1998CriLJ942
..... court in the case state of m.p. v. ajit singh air 1976 sc 1855 : 1976 cri lj 1396. herein also the prisoner had been transferred under the transfer of prisoners act, 1950 from gwalior to punjab. the request of the prisoner for his release was rejected by the madhya pradesh government. he had filed a writ petition in this. court which was allowed. the ..... the plea raised that because the petitioner is a prisoner in the state of punjab is entitled to all the remissions that would be made available to prisoners in the state of punjab.6. the prisons act, 1894 defines a criminal prisoner under section 3(2) of the said act. the said definition reads :-3(2). 'criminal prisoner' means any prisoner duly committed to custody under the writ, warrant or ..... will not have the power to make law for a person convicted by the court at bangalore. he is being detained in punjab because of the provisions of transfer of prisoners act, 1950. the executive power of the government of karnataka extends to him. the petitioner is undergoing sentence in pursuance of the order passed by the court at bangalore. he is ..... case the person concerned was imprisoned for life by the commanding officer. his appeal was dismissed by the chief of the army staff. the accused therein was transferred to the punjab jail under the transfer of prisoners act. it was held that since the punjab jail manual was applicable, the remission and procedure of the premature release shall be determined in accordance with .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1980SC1535; 1980CriLJ930; (1980)3SCC526; 3SCR855
..... 's case (supra), read in its proper light, leads us to this conclusion. 33. we, therefore, hold that the petition must be allowed and handcuffs on the prisoner dropped. we declare that the punjab police manual, in so far as it puts the ordinary indian beneath the better class breed (paragraphs 26.21a and 26.22 of chapter xxvi) is untenable and ..... individual case whether a restraint should be imposed and to what degree.45. rule 26, 22 read with rule 26.21-a of the punjab police rules, 1934 draw a distinction between 'better class' undertrial prisoners and 'ordinary' undertrial prisoner as a basis for determining who should be handcuffed and who should not be. as i have observed, the appropriate principle for a ..... , even while discussing the relevant statutory provisions and constitutional requirements, court and counsel must never forget the core principle found in article 5 of the universal declaration of human rights, 1948:no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. and read article 10 of the international covenant on civil and political rights:4 ..... treated. section 9(2)(e) of the prisoners (attendance in courts) act, 1955 empowers the state government to make rules providing for the escort of persons confined in a prison to and from courts in which their attendance is required and for their custody during the period of such attendance. the punjab police rules, 1934 contain rule 26.22 which classifies those cases in .....Tag this Judgment!
Court : Kolkata
Reported in : (1992)1CALLT77(HC),1991(2)CHN321,80CompCas81(Cal),1992CriLJ1448
..... the intention of parliament is clear because imprisonment has been made compulsory for an offence under section 277 of the act, a company or a juristic person cannot possibly be sent to prison and it is not open to a court to impose a sentence of fine or not to award the punishment ..... scope of section 561a of the old code (corresponding to section 482 of the new code) is the case of r.p. kapoor v. state of punjab, : 1960crilj1239 . it has been held that the inherent jurisdiction of the high court can be exercised to quash proceedings in a proper case either to ..... indicated in this case are not, however, exhaustive.27. in smt. nagawwa v. veeranna, : 1976crilj1533 , the supreme court has observed as follows (at page 1948) :'the scope of the enquiry under section 202 is extremely limited--only to the ascertainment of the truth or falsehood of the allegations made in the complaint-- (i ..... ') is one of the subsidiaries of gec plc. in which gec plc. holds 67 per cent. of its equity shares, registered in india under the companies act having its registered office at magnet house, 6, chitta-ranjan avenue, calcutta. it manufactures sophisticated/high tech electrical equipment. genelec limited (hereinafter referred to as ' ..... if the court finds the company guilty under the section. the same view was taken by another division bench of this high court in east india jute and hessian exchange ltd. v .....Tag this Judgment!
Court : Supreme Court of India
..... the delhi jail manual does not give detailed description as to what kind of work/task will fall under which category of labour, the jail authorities rely upon the punjab jail manual framed under the prisons act, 1894 for determining the same. distinction between work given to male and female convicts:under rule 45 of the delhi ..... kinds of imprisonment i.e., rigorous and simple imprisonment. rigorous imprisonment is one which is required by law to be completed with hard labour. section 36 of the delhi prisons act, 2000 prescribes that the convicts sentenced to simple imprisonment shall be employed only so long as they desire but cannot be punished for neglect of work.a person sentenced to ..... of adult male convicts. employment of prisoners chapter vii of the delhi prisons act, 2000, deals with the employment of prisoners. under rule 2(k) of the delhi prisons (definition) rules, 1988, a convict is described as a criminal prisoner.section 35 of the delhi prisons act, 2000 deals with employment of criminal prisoners. sub-section (1) states that a criminal prisoner desiring to be employed on labour, ..... may be employed with the permission of the superintendent, subject to such restrictions as may be prescribed in the rules made under this act. sub-section (2) states that .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj125
..... was observed that the vendee may defeat the right by selling the property to a rival pre-emptor with preferential or equal right. after examining the provisions of the punjab pre-emption act, their lordships further observed that --'the provisions do not in any way enable the pre-emptor to exercise his right without establishing his superior right over the vendee or ..... place.' it may also be noted that the last case of their lordships of the supreme court was under the punjab pre-emption act and the provisions of the alwar act are for all practical purposes the same as in the punjab pre-emption act (act no. 1 of 1915).13. having thus briefly surveyed the law regarding the nature of the right of pre-emption ..... of the right conferred on a citizen by article 191. in this connection our attention is drawn to the fact that the alwar act was on the same lines as the punjab pre-emption act (no. 1 of 1913) and the punjab high court has held that law to be valid in uttam singh v. kartar singh, air 1954 punj 55 (fb).it is ..... counsel for the pre-emptor in this appeal has strongly relied on the decision of the punjab high court in air 1954 punj 55. in that case, the provisions of sections 15 and 16 of the punjab pre-emption act which are practically repeated in the alwar act were held to be in the interests of the general public of that state. their lordships .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2010SC942,2010(58)BLJR415,JT2010(2)SC35,2010(2)SCALE179
..... can be automatically treated as one for a definite period. no such provision is found in the indian penal code, code of criminal procedure or the prisons act. though the government of india stated before the judicial committee in the case cited supra that, having regard to section 57 of the indian penal ..... deeds, we find no reason why they cannot be reformed over a period of time.56. this court in dalbir singh and ors. v. state of punjab : (1979) 3 scc 745 had considered the question of the length of incarceration when death penalty is reduced to life imprisonment. it was held that ..... in all cases except in the aforesaid freaks wherein the lesser sentence would be, by any account, wholly inadequate. in machhi singh v. state of punjab a three-judge bench of this court while following the ratio in bachan singh case laid down certain guidelines among which the following is relevant in ..... :16. when the constitution bench of this court, by a majority, upheld the constitutional validity of death sentence in bachan singh v. state of punjab this court took particular care to say that death sentence shall not normally be awarded for the offence of murder and that it must be confined ..... section 3 of section 354 of the code of criminal procedure, 1873, was questioned, the constitution bench of this court in bachhan singh v. state of punjab : (1980) 2 scc 684, after thorough discussion, rejected the challenge to the constitutionality of the said provisions and ruled that 'life imprisonment is the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(57)BLJR1209; (2009)2GLR1502; JT2009(3)SC385; 2009(3)SCALE791; (2009)5SCC283; 2009(3)LC1133(SC)
..... referred to the constitution bench decision in the case of kartar singh v. state of punjab : 1994crilj3139 , in which the constitutional validity of the terrorist affected areas (special courts) act, 1984, the terrorist and disruptive activities (prevention) act, 1987, and the terrorists and disruptive activities procedure (up amendment) act, 1976, had been challenged. after examining the provisions of the aforesaid enactments in detail, ..... extreme circumstances given the stringent provisions of the legislation.12. mr. ranjit kumar also referred to the decision of this court in supreme court legal aid committee representing undertrial prisoners v. union of india and ors. : (1994)6scc731 , in which the provisions of articles 21, 14 and 19 with regard to speedy trial of under trial ..... prisoners was under consideration and it was held that deprivation of personal liberty without ensuring speedy trial violates article 21 of the constitution. the decision which was rendered in regard ..... a person should not ordinarily be interfered with unless there exist cogent grounds therefor. although, the aforesaid decision was rendered under the provisions of the maharashtra control of organised crime act, 1999 (hereinafter referred to as `mcoca'), the provisions of tada being similar with regard to grant of bail, mr. ranjit kumar submitted that the court went on to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; 1SCR392; 2SCR557
..... cell and kept substantially incommunicado.49. the quasi-solitary confinement was challenged in the high court, perhaps vaguely (not particularising the constitutional infirmities of section 30 of the prisons act and the punjab jail rules) but was given short shrift by the high court. the learned single judge reasoned : 'the only point for consideration is whether the petitioner can have ..... ultimately led the learned additional solicitor general to make the statement on behalf of the respondents that para 399 of the punjab jail manual is not a statutory rule referable either to section 59 or 60 of the prisons act, 1894. learned counsel stated that despite all efforts, respondents were unable to obtain the original or even a copy ..... , arbitrary and is perilously near unconstitutionality.court's interpretative function when faced with invalidatory alternative.38. batra puts in issue the constitutionality of section 30(2) of the prisons act, 1894 (the act, for short) while sobhraj impugns the vires of section 56. but the court does not 'rush in' to demolish provisions where judicial endeavour, amelioratively interpretational, may ..... vain effort to secure certain pre-independence government proceedings of the punjab, now in pakistani archives, admitted that it could not make good the validating existence of the local government's sanction for the instructions of the inspector general of prisons, as required by section 56 of the act, although such an instruction is found in the jail manual. .....Tag this Judgment!
Court : Delhi
Reported in : I(2005)ACC361; 2006ACJ1901; 117(2005)DLT112
..... directions resulting in the final direction in this behalf being made on 21st may, 2004 to the effect that application of the petitioner to be made to the employment exchange under the said act may be considered and the application be treated as with reference to the date when the incident occurred where the petitioner was injured. the petitioner's name was ..... look hollow if justice is not done to the victim of the crime. the subject of victimology is gaining ground while we are also concerned with the rights of the prisoners and prison reforms. a victim of crime cannot be a 'forgotten man' in the criminal justice system. it is he who has suffered the most. his family is ruined particularly in ..... promise of unreality', by the failure of the state to protect those rights. these unfortunate victims of terrorists violence are, thereforee, entitled to seek reasonable compensation from the state of punjab which has failed in its duty to protect their constitutional and legal rights.'28. a reading of the aforesaid judgments leaves no manner of doubt about the responsibility of the ..... clear deprivation of the right to property guaranteed by the constitution. the terrorists' victims form an integral part of the indian society; they have every right to settle down in punjab and carry on their profession. they have the constitutional right to live and they cannot be deprived of their lives, hearths and homes. their right to property is invoilable. all .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1992HP70,1992CriLJ2542
..... to labour is recognized part of jail administration and discipline as envisaged by prisons act, 1894 and the punjab jail manual, as applicable to himachal pradesh. to prescribe minimum wages for such labour of the prisoners inside the prison -- the benefit of which goes mostly to the prisoners themselves -- would adversely affect jail administration, discipline and morale. more over, the stipulation of minimum or reasonable ..... state government is not paying even the minimum wages, fixed by the state government under the minimum wages act, 1948 and notified on 26-1-1990, to the prisoners. payment of minimum wages, as already noticed above, is a mandatory requirement under the minimum wages act, 1948. it has to be paid compulsorily since the non-payment thereof renders one liable to prosecution. shri k ..... the state government within a reasonable period, say, one year from the date of decision of these cases. however, the prisoners will be paid the minimum wages as notified by the state government from time to time under the minimum wages act, 1948 from the date of filing of these petitions in this court. these wages will be worked out within a period ..... of three months from today and deposited in the account of each prisoner.30. the second question does not call for any decision since the state .....Tag this Judgment!