2020 Cri L J 1340 (Cal) ::AIROnline 2017 Cal 2 ::(2017) 2 Crimes 327 ::(2017) 3 ICC 392

Calcutta High Court

Hon'ble Judge(s): Joymalya Bagchi , J

(A) Constitution of India , Art.19(1)(g)— West Bengal Correctional Services Act (32 of 1992) , S.79(2)(j)— Right to carry on trade and profession - Execution of sale deed - During continuing incarnation of prisoner - Permissibly - Prisoner in incarnation is entitled to sign documents while in custody, for management of his property or family affairs - Such signature required to be duly attested by Jailor or Deputy Jailor - Husband of petitioner seeking to transfer flats under his management, as developer of said property - No embargo upon such under-trial prisoner to execute sale deeds for transfer of flats to intending purchasers, on account of his incarceration - Fundamental right to carry on trade and profession also included right to convey property in course of business - Incarceration of husband shall not dis-entitle him from executing sale deeds. (Para 7 8) (B) West Bengal Correctional Services Act (32 of 1992) , S.79(2)(j)— Registration Act (16 of 1908) , S.28, S.31— Registration of sale deed - Executed during continuing incarnation of prisoner - Place of registration - For prisoner incarcerated in correctional home, it must be deemed that prisoner temporarily resides in that correctional home - Residence of prisoner for purpose of proviso to S. 28....