Judgment Search Results Home > Cases Phrase: commissions of enquiry act 1952 Page 1 of about 10,033 results (0.065 seconds)

Hemant Baburao Patil Vs. Uoi and ors

Court : Delhi

..... anna hazare, is ineligible for being a member of the drafting committee as certain allegations have been established by commission of enquiry appointed by the government of maharashtra vide notification dated 1st september, 2003 in exercise of power under the commissions of enquiry act, 1952. ..... learned senior counsel would submit that when the same have been established by a commission of enquiry, the respondent no.5 should be removed from the drafting committee and the reliefs prayed for by the petitioners should be granted. 5. mr. a.s. ..... sawant, a retired judge of the supreme court of india, appointed as the one man commission to enquire into the allegations and mal administration into matters as specified in the notification against certain persons which included respondent no.5. .....

State of Madhya Pradesh Vs. Ajay Singh and Others

Court : Supreme Court of India

Reported in : AIR1993SC825; JT1992(6)SC235; 1992(3)SCALE45; (1993)1SCC302; [1992]Supp2SCR274

..... justice, high court of patna (bihar) has since withdrawn his consent to work as single member of the said agency; now, therefore, in exercise of the powers conferred by sub-section (3) of section 3 of the commissions of enquiry act, 1952 (no. ..... exercise of the powers conferred by sub-section (3) of section 3 of the commissions of enquiry act, 1952 (no. ..... and other circumstances of the case is of the opinion that provisions contained in sub-sections (2) to (5) of section 5 of the commissions of inquiry act, 1952, should be made applicable to the aforesaid agency; now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the commissions of inquiry act, 1952, the state government hereby directs that the provisions of sub-sections (2) to (5) of section 5 of the said act shall apply to the above described agency.by order and in the name of the governor of madhya pradesh,r.c. ..... have no doubt that the rule of construction embodied in section 21 of the general clauses act cannot apply to the provisions of the commissions of inquiry act, 1952 relating to reconstitution of a commission constituted thereunder since the subject-matter, context and effect of such provisions are inconsistent with ..... in substance, the argument was that there being no vacancy in the office, the power under section 3(3) of the commissions of inquiry act, 1952, which is available only to fill any vacancy could not be invoked and there was no other source of power available to the state .....

M. Karunnanidhi Vs. the Union of India, New Delhi and anr.

Court : Chennai

Reported in : AIR1977Mad192

..... of the commissions of enquiry act 1952, and ..... that an inquiry under the commissions of inquiry act, 1952 (act 60 of 1952) is not barred by the existence of the tamil nadu public men (criminal misconduct) act, 1973.9. ..... 3 of the commissions of inquiry act, 1952 (60 of 1952), the central government hereby consisting of a single member, namely, ..... 3 of the commissions of inquiry act, 1952 is intra vires the powers of the central government, and whether the notification issued by ..... 3 of the commission of inquiry act, 1952, to enquire into the allegations made by four persons who ..... the tamil nadu public men (criminal misconduct) act, 1973, (act 2 of 1974) precludes recourse to the commissions of inquiry act for the purpose of enquiry into the misconduct of former ministers of the ..... of the act the notification should not only appoint a commission of inquiry for the purpose of making an enquiry, but also specify the definite matter of public importance for the purpose of making the enquiry and that the persons against whom the enquiry is directed ..... us, that is the federal nature of the constitution does not empower the central government to lay down standard of good government for the state governments and to initiate an inquiry under the commissions of inquiry act for what, in the opinion of the central government might constitute maladministration. ..... the commissions of inquiry act is vitiated by the notification not disclosing the names of persons, who are to be subjected to the enquiry, and .....

Gokulananda Roy Vs. Tarapada Mukharjee and ors.

Court : Kolkata

Reported in : AIR1973Cal233,76CWN411

..... , on the 17th march 1970 resulting in the death of three persons and injury to several others, and destruction of property; and whereas no commission of enquiry has been appointed by the central government to enquire into the aforesaid matter; now, therefore, in exercise of the power conferred by section 3 of the commissions of enquiry act, 1952 (act 60 of 1952), the governor is pleased hereby to appoint a commission of enquiry consisting of shri tarapada mukhujee, retired judge of the calcutta high court, to enquire into the aforesaid matter with reference to the ..... the president alone, to the exclusion of any other authority, to be satisfied about the necessity of an inquiry into a matter of public importance and on being so satisfied the president alone could issue the notification under section 3 of the commissions of inquiry act, 1952, hereafter referred to as the act, and the governor had no authority or jurisdiction to issue such a notification. ..... while the rule was pending, on may 26, 1967, the government of west bengal appointed a commission of inquiry under section 3 of the commissions of inquiry act, 1952. ..... the governor's visit to burdwan was followed by an order dated april 28, 1970, under section 3 of the commissions of inquiry act, 1952. .....

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : 2008(4)CHN411

..... be noticed that even the chief minister had appointed a retired judge of this court to hold an enquiry under the commissions of enquiry act, 1952. ..... also mention here, a fact which is recorded in the supplementary affidavit of the petitioners, that the chief minister had appointed a retired judge of this court to hold an enquiry under the commissions of enquiry act, 1952. ..... state government vis-a-vis the officers of the criminal investigation department of the state of west bengal it would not be a fair investigation at all and under the guise of the investigation they would be upholding the acts and/or actions of the aforesaid police officers, reaction of the todi family and it would be an attempt to establish that the death of the deceased boy was a suicide and not a murder.7. ..... counsel for the appellants had submitted that cbi has conducted the enquiry contrary to the directions issued by justice s. ..... produce all records in respect of the allegations made by the petitioners in the petitions so that the same may be perused and appropriate orders be passed so that conscionable justice be done;(c) a declaration do issue declaring that the acts and/or actions as complained in the petition against respondent nos. ..... she got married under the special marriage act, 1954 to rizwanur rahaman, son of late ..... however, notice that at this stage it would not be possible to conclude that cbi enquiry directed by justice s. ..... for conducting an enquiry under section 174, it was not necessary to register .....

Maharshi Avadhesh Vs. State of U.P.

Court : Allahabad

Reported in : AIR1991All52

..... statutory provision regarding holding of inquiries is contained in the commissions of enquiry act, 1952 (lx of 1952). ..... is necessary so to do, and shall, if a resolution in this behalf is passed by the house of the people or, as the case may be, the legislative assembly of the state, by notification, in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly;.....*12. ..... in the first case the appointment of a commission is discretionary and in the second case it is ..... the above provision the right to appoint a commission of inquiry vests in the appropriate government. ..... the petitioner poses the question as to how the administration would have acted if the son, daughter, brother or sister of any other citizen had been similarly abducted for ..... other words, in the first situation it is entirely discretionary with the government to appoint a commission or not to appoint a commission. ..... are two situations in which a commission may be appointed. ..... of the government referred to in the above provision is subjective and the petitioner cannot, therefore, ask for a mandamus fo compel the government to appoint a commission of inquiry.13. ..... resolution is adopted by the legislature the government has no option but to appoint a commission of inquiry. .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... order in terms of prayer (e) and (f) above.17. it is on record (supplementary affidavit of the petitioners) that the chief minister had appointed a retired judge of this court to hold an enquiry under the commissions of enquiry act, 1952 ..... remedy provided by law, which is efficacious, is not pursued, what has been laid down is that in view of the remedy available to a person aggrieved (by non-registration of a complaint disclosing commission of cognizable offence by the police and conducting investigation in pursuance thereof) under sections 154(3), or under 156(3) or under 200 read with 190 of the code, a writ petition ought not to be entertained ..... . bandopadhyay, preliminary enquiry in respect of a complaint disclosing commission of cognizable ..... directed cbi to ascertain the cause of death, it should have acted as an agency entrusted to find facts like a special officer appointed by the court, the order did not inhibit conducting of enquiry but registration of fir amounts to usurpation of power by overreaching the limits and as a result, a fact finding enquiry has been sought to be converted into a regular ..... of commission of a cognizable offence, the provisions contained in the code do not confer any power on the police officers to hold preliminary ..... authorities with the expectation that the very presence of the police would act as a deterrent in the escalation of such problems which otherwise have the potentiality of leading to undesirable consequences involving commission of .....

Gajanan P. Lasure, Indian Inhabitant and Aniket Bhagwanrao Deshkar, In ...

Court : Mumbai

Reported in : 2009(4)MhLj399

..... initially, according to the petitioners, the state government delayed placing the report under the commissions of enquiry act, 1952 before the state legislature and it was after a petition was filed before this court by two activists that the state government was constrained to table the ..... commission of enquiry ..... may, the government resolution issued by the state on 20th july, 2006 contemplates that where a criminal trial is to take place on an allegation of the commission of a serious offence, the government servant who is an accused should be placed under suspension pending the conclusion of the trial. ..... the fourth respondent has also adverted to the fact that upon the conclusion of the departmental enquiry that was held against him, he was placed on the minimum of the basic pay of a police sub-inspector from 2nd august, 2000 for ..... where a police officer has been charged with the commission of a serious criminal offence allowing the officer to remain free from suspension and as an active member of the service would seriously affect the credibility and ..... of criminal justice will be eroded and public confidence shaken if a police officer against whom an allegation of the commission of a serious offence is to be adjudicated, continues to be in the line of duty. ..... in duryodhan sahu's case the supreme court held that an application before the tribunal under the administrative tribunals act, 1985 could be made only by a person aggrieved by any order pertaining to a matter within the .....

R. Balakrishna Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR1989Ker99

..... material did not come on record, that the appointment of justice janaki amma commission was only as per ext p-1 order, that the nature of enquiry was really summary and unsatisfactory and different in content and nature from an enquiry under section 3 of the commissions of enquiry act and so it is not acceptable, that there is no provision in the commissions of enquiry act, 1952 which bars or prevents a second commission of enquiry into a matter when the first commission's report is found to be unacceptable, that there is a definite matter of public ..... importance in that the truth about the charges made against the petitioner minister) should be brought out, that the report of justice janaki amma commission did not carry credibility, since it ..... 5689/1988 dated 7-3-1988) as a commissioner under the commissions of enquiry act, 1952, to inquire into the charges referred to him, is unconstitutional, mala fide ..... not established, without any further or additional material and without any application of the mind, the state government has referred all the 14 charges to the commissioner appointed under the commissions of enquiry act, 1952. .....

Asha Vs. T.S.K. Reddy and Another

Court : Mumbai Nagpur

..... questions that arose for consideration was whether a supreme court judge who is appointed as a commissioner by the central government under the commissions of enquiry act, 1952 would carry with him all the powers and jurisdiction of the supreme court of india. ..... said question, the constitution bench considered provisions of the commissions enquiry act, 1952 and in para 25 of its judgment observed thus: ..... earlier decisions, it was held that the commission constituted under the commissions of enquiry act, 1952 was not required to adjudicate upon rights of parties and, therefore, it was not a court for the purposes of the act of 1971. ..... if certain powers under the code of civil procedure, 1908 have been conferred upon the commissioner under section 62 of the act of 1995, the same are only for the purposes of looking into complaints and taking up the matter with the appropriate ..... this was after noticing the fact that the procedure followed by the commission was of a legal character and that it had powers to administer ..... the question whether the director of pre-university education was a court within the meaning of the provisions of the act of 1971, it was held that the director was a statutory authority created under a statute and not a ..... sinha (supra), it was held that the assistant registrar discharging functions of a registrar under section 48 read with section 6(2) of the bihar and orissa co-operative societies act, 1935 was a court for the purposes of the contempt of courts act, 1952. .....