Court : Andhra Pradesh
Reported in : AIR1983AP69
..... (general-b) department, dated 17th march, 1982 the government of andhra pradesh appointed a commission of inquiry under the commissions of inquiry act, 1952 (central act 60 of 1952) consisting of a single member viz. ..... the constitution to interdict the proceeding of the commission of inquiry, land grabbing, by the issue of 'writ mainly on the ground that the procedure followed by the commission is contrary to the provisions of the commissions of inquiry act, 1952 and the rules made thereunder.2. by g.o. ..... ilr (1973) 1 delhi 747 also held that the proceedings before the commissions of inquiry act, 1952 were quasi-judicial in nature.40. ..... : [1978]2scr1 on a critical scrutiny of the provisions of the commissions of inquiry act, 1952 observed at page 699 (of scc) : (at pp. ..... to the petitioner under section 8-b of the commissions of inquiry act, 1952 (hereinafter referred to as the act) on 24-6-82 and 26-6-82 and 26-6-82. ..... to the commissions of inquiry act, 1952 by k.a ..... there is no decision therefore use of the accolade judicial or quasi-judicial to inquiries before a commission of inquiry appointed under the commissions of inquiry act is inappropriate the commission is not an adjudicating body but an assisting body that assesses the facts and assists the government in the arrival ..... orissa, : [1968]3scr789 , dealing with the question whether the appointment of commission of inquiry under commissions of inquiry act, during the pendency of civil litigation would amount to contempt of court, held .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP186
..... referring to the language of sub-section (1) of section 3 of the commissions of inquiry act, 1952, it is pointed out that there are only limitations on the constitution of an inquiry commission concurrently by the state government and the central government. ..... on 9-11-84, a commission of inquiry was constituted under section 3(1) of the commissions of inquiry act, 1952 (hereinafter referred to as 'the inquiry act, 1952') to inquire into specific matters, the decisions concerning which were allegedly taken by the petitioner by improper or corrupt motive or with the intention of securing gain for himself. ..... 8-12-87 runs counter to the provisions contained in section 3(1) of the commissions of inquiry act, 1952. ..... if the political rivalry alone is considered as litmus test for mala fides, the object of commissions of inquiry act will be crippled as the change in the politival setup brings in its train the move for probe into abuse of power, if any, by the erstwhile setup.....the averments in the affidavit andthe circumstances, highlighted by the petitioner ..... learned advocate-general contends that section 3(1) of the commissions of inquiry act, does not prohibit the constitution of more than one inquiry commission by the state government. ..... learned counsel submits that the provisions contained' in section 3(1) of the commissions of inquiry act, by necessary implication, do not confer power on the state government to appoint two separate commissions to inquire into the same allegations. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2006Delhi300; 126(2006)DLT535; 2006(87)DRJ603
..... on the pleadings of the parties, vide order dated 12.10.1998, following issues were framed:-(i) whether the suit is barred under section 6 of the commissions of inquiry act, 1952 (ii) whether the offending statements/ submissions were not published by the defendant (iii) whether the offending statements/ submissions were made in good faith and without malice (iv) to what amount of damage is the plaintiff entitled to recover ..... i accordingly hold that since the offending words were communicated in writing before a commission under the commissions of inquiry act, 1952 and have been proved to have been additionally read out during course of final submissions and additionally for the reason the expressions used were not when the defendant was standing before the commission as a witness, defense of absolute privilege is not available to the defendant.97. ..... justice m.c.jain commission of inquiry was constituted under the commissions of inquiry act, 1952 with the mandate to make an inquiry with respect to the following matters :-'(a) the consequences of events leading, and all the facts and circumstances relating to, the assassination of shri rajiv gandhi at sriperumbudur (other than the matters covered by the terms of reference for the commission of inquiry headed by shri justice j.s.verma);(b) whether any person or persons or agencies were responsible for conceiving, preparing and planning the association and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker99
..... the purpose of an enquiry under section 3 of the commissions of inquiry act, 1952, is only to 'collect' or ''gather information' relating to 'any definite matter of public importance'. ..... the said notification is one issued under section 3 of the commissions of inquiry act, 1952 (central act 60 of 1952). ..... an enquiry under the commissions of inquiry act, 1952, on the other hand, is of wholly different character. ..... 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 ..... memorialists did not cooperate with the commission and so the best 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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1980Mad89
..... rajagopal has thus submitted himself to the jurisdiction of the bar council of tamil nadu, that the matter is under consideration of the bar council of tamil nadu and that the commission of inquiry, constituted under the commissions of inquiry act, 1952, has no jurisdiction to hold an enquiry on the alleged misconduct of thiru v. ..... as per section 3 of the commissions of inquiry act, 1952"(i) the appropriate government may, 9 it is of opinion that it 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. ..... the commission governed by the commissions of inquiry act 1952, is appointed by the state government 'for the information of its own mind', in order that it should not act, in exercise of its executive power, otherwise, than in accordance with the dictates of justice and equity, in ordering a departmental enquiry against its officers. ..... 695 public (law and order-a) dated 9-4-1979, in exercise of the powers conferred by sub-section (1) of sec, 3 of the commissions of inquiry act 1952, appointing thiru justice c. j. r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom1; (1964)66BOMLR353; 1965CriLJ10; ILR1964Bom679
..... (3) both the learned trial magistrate as well as the learned sessions judge held that in view of section 6 of the commission of inquiry act, 1952, the statements of prosecution witnesses before the commission could not be used to contradict them at a subsequent trail, hence the accused's application for a summons to get those statements produced was rejected. ..... the state government appointed a commission of inquiry under the commissions of inquiry act, 1952, to inquire, among other things, into the cause of the said explosion. ..... nain, who appears for the petitioner accused, contends that the interpretation put upon section 6 of the commissions of inquiry act, 1952, by the courts below is erroneous. s. ..... 145 of indian evidence act, is prohibited by s.6 of the commissions of inquiry act, 1952. ..... 6 of the commissions of inquiry act, 1952. ..... the accused stated that copies of these statements were supplied to the accused while inquiry before the commission was going on and that these statements of prosecution witnesses before the commission were required at the trail for contradicting the prosecution witnesses under s.145 of the indian evidence act, if occasion for the same arises. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori18
..... some arguments were advanced by virtue of sections 8(b) and 8(c) of the commissions of inquiry act, 1952 which provides that if the commission is of opinion that any person is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence. ..... on by different notification the inquiring authority was conferred with certain specific powers under sections 5(1) and 11 of the commissions of inquiry act, 1952 (act 60 of 1952) (hereinafter called the 'act') by virtue of which the provisions of sections 4, 5, 6, 8, 9, 10 and 10a of the act were made applicable. ..... in the aforesaid decision while considering the effect of a report of a commission set up under section 3 of the commissions of inquiry act, 1952 have clearly explained the effect of such a report. ..... outset, it may be noted that the inquiring authority in this case was not appointed under the provisions of the commissions of inquiry act, 1952. ..... their lordships have, however, observed that it is not necessary to consider whether, had the act conferred on the appropriate government power to set up a commission of inquiry with judicial powers, such law could not, subject, of course, to the other provisions of the constitution, be supported as ..... /- 20-12-84 of the commission of inquiry and for quashing the adverse comments/findings against them in the said report with a further prayer to issue an injunction against opposite .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker118
..... 'see the commissions of inquiry act, 1952 by k.a. ..... (see keeton trial by tribunal and the commissions of inquiry act, 1952 by k.a. ..... p-2 to a commission of inquiry under the commission of inquiries act without delay. ..... balakrishna pillai at the time when the matter is enquired into by a commission appointed under the commissions of inquiry act'.4. ..... the observations of the supreme court of india in decisions dealing with such commissions of inquiry have emphasised the necessity for such guarded action in the matter of the appointment of and functioning by commissions; for otherwise, as has been pointed out by the supreme court 'the public is not likely to repose its confidence in such a tribunal ...... ..... it is not without significance that many of the commissions have referred to in the fore of their reports the words of lord scarman regarding the objectives of such commissions of inquiry. ..... p-4 issued by the commission does not in any way offend any known legal principle to be observed in the conduct of a commission of inquiry. ..... it is not necessary for the purpose of the writ petition to go into the details of what had happened on 6-9-1982 before the commission of inquiry. ..... he was 'confident that on a perusal of the records a prima facie case could be made out justifying the reference of the case to a commission of inquiry'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP62
..... 11, general administration (i & pr) department, dated january 13, 1995 appointing the 4th respondent as commission of inquiry under the commissions of inquiry act, 1952 (for short 'the act') and g.o.ms. no. ..... & pr department, filmnagar co-operative housing society limited and film development corporation) notice (under section 8-b of the commissions of inquiry act, 1952) to sri k. ..... he submits that under the commission of inquiry act the power to appoint is vested with the government and it is for the state government to decide whom to appoint to head the commission. ..... this being the position in law with regard to application of rule against bias, can the same principle be extended to the proceedings before the commission of inquiry under the act, whose function it is to collect facts, record findings and give recommendations which cannot be enforced proprio vigore? ..... we may point out here that there is no requirement under the act or the rules made thereunder that the appointment of the commission of inquiry should be made in consultation with the honourable the chief justice of the high court. ..... after considering the provisions of the act, the supreme court summarised the scheme as follows (at page 137): 'it is clear from these provisions and the general scheme of the act that a commission of inquiry appointed under the act is a purely fact finding body which has no power to pronounce a binding or definitive judgment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC215; [1968]3SCR789
..... now, therefore, the state government, in exercise of the powers conferred by section 3 of the commission of inquiries act, 1952 (act 60 of 1952), hereby appoint a commission of inquiry consisting of shri justice h. r. ..... and whereas the state government are of opinion that having regard to the nature of the inquiry to be made and other circumstances of the case, all the provisions of sub-section (2), sub-section (3), sub-section (4), sub-section (5) and sub-section (6) of section 5 of the commission of inquiry act, 1952 shall be made applicable to the said commission, the state government hereby directs that all the said provisions shall apply to the said commission. ..... 3 of the commissions of inquiry act, 1952 (no. ..... the respondents in this case have done noting to obstruct or interfere with the lawful powers of the court by acting bona fide and discharging statutory functions under the commission of inquiry act. ..... we have already held that in the appointment of the commission of inquiry the government was acting bona fide. ..... (10) which calls upon the commission of inquiry to make recommendations about the action to be taken 'as and by way of securing redress or punishment', cannot he said to be at all necessary for or ancillary to the purposes of the commission, in our view the words in the latter part of the section, namely, 'as and by way of securing redress or punishment', clearly go outside the scope of the act.' 11. .....
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