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Brahma Nand Gupta Vs. Delhi Administration and ors.

Court : Delhi

Reported in : 41(1990)DLT212

..... in the present case, the commissions of inquiry act itself shows that the government can setup an authority, other than a commission under the said act,in respect of any definite matter of public importance. ..... by this court ai page 757 that 'it cannot be disputed that a commission of inquiry can be constituted dehors the act in which case it will be an authority appointed in exercise of the executive powers of the government and if such an authority has been or is set up under a resolution or order of the appropriate government for the purpose of making inquiry into any definite matter of public importance,then upon the issue of a notification under section 11 of' the act this authority is deemed to be a commission appointed under section 3 for the purposes of the ..... justice ranganathmisra of the supreme court under section 3 of the commissions of inquiry act the terms of reference of the commission were as follows:(i)to inquire into the allegations in regard to the incidents of organized violence which took place in delhi following the assassination of the late primeminister, smt. ..... elaborating this contention shri gupta submitted that in view of the existence of the commissions of inquiry act, 1952.no committee could be formed by an administrative order to go into matters which fall within the purview of the commissions of inquiry act. ..... 1952. .....

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... delhi, the 23rd may, 1977s.c.365(e)-whereas the central government is of opinion that it is necessary to appoint a commission of inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, charges of corruption, nepotism, favouritism or misuse of government power against the chief minister and certain other ministers of the state of karnataka, hereinafter specified; now, therefore in exercise of the powers conferred by section 3 of the commissions of inquiry act, 1952 (60 of 1952), the central government hereby appoints a commission of inquiry consisting of a single member, namely, shri a. n. ..... and whereas the central government is of opinion having regard to the nature of the inquiry to be made by the commission and other circumstances of the case, that all the provisions of sub-section (2), sub-section (3), sub-section (4) and sub-section (5), of section 5 of the commissions of inquiry act, 1952 (60 of 1952) should be made applicable to the commission, the central government hereby directs, in exercise of the powers conferred by sub-section (1) of the said section 5, that all the provisions of the said sub-section (2), (3), (4) and (5) of that section shall apply to the commission.annexure i1. .....

Consumer Education and Research Centre and ors. Vs. State of Gujarat a ...

Court : Gujarat

Reported in : (1981)22GLR712

..... of machbu-2 dam near morvi town in the morvi taluka of the rajkot district:and whereas, the government of gujarat is of the opinion that it is necessary to appoint a commission of inquiry for the purpose of inquiring into the aforesaid disaster, which is a matter of definite public importance:now, therefore, in exercise of the powers conferred by section 3 of the commissions of inquiry act, 1952 (60 of 1952) and by clause (a) of rule 6a of the gujarat commissions of inquiry (procedure; rules, 1969, the government of gujarat hereby-(1) appoints ..... the government of gujarat is of opinion that the continued existence of the commission is unnecessary.now, therefore, in exercise of the powers conferred by clause (a) of sub-section (1) of section 7 of the commissions of inquiry act, 1952 (60 of 1952) and by clause (a) of rule 6a of the gujarat commissions of inquiry (procedure) rules, 1969 and all other powers enabling it in that behalf, the government of gujarat hereby-(a)declares that the said commission of inquiry shall cease to exist from 17th march, 1981: and(b)terminates the ..... we therefore issue a direction to the state government to issue a fresh notification under section 3 of the commissions of inquiry act, 1952, extending the life of the commission to october 14,1981, so that the full period of 113 days mentioned above is available to the commission to complete its inquiry and to make its report (7 days of june, 31 days of july, 31 days of august, 30 days of september and .....

Col. Jagmohan Singh and ors. Vs. the State of Manipur and ors.

Court : Guwahati

..... while discharging their duties on deployment, if they commit any excess constituting a definite matter of public importance; the central government would be the appropriate authority to invoke powers under section 3 of the commission of inquiry act, 1952. ..... government is of the opinion that, having regard to the nature of the enquiry to be made and other circumstances of the case, all the provisions of sub-section 2 of section 3, sub-section (4) and sub-section (5) of section 5 of the commissions of inquiry act, 1952 (60 of 1952) should be made applicable to the said commission and the governor of manipur, in exercise of the powers conferred by sub-section (1) of the said section 5, is hereby pleased to direct that all the provisions of the said sub-sections (2), (3), (4) and (5) of that section shall apply to the commission.by orders & in thename of the governorsd/-(saichhuana)i/e. ..... now, therefore, in exercise of powers conferred by section 3 of the commissions of inquiry act, 1952 (60 of 1952), the governor of manipur is hereby pleased to appoint a commission of inquiry to be presided over by shri c. ..... gonsalves submitted that the state government being responsible for maintenance of 'public order' could not be a mute spectator to the happenings and had to appoint the commission of inquiry in exercise of powers conferred under section 3 of the commission of inquiry act, 1952. mr. .....

Orient Paper Mills Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1979Cal114,83CWN328

..... stated by the minister that in view of certain lapses, improprieties and acts of commission and omission as referred to in the dutt committee's report which were definite matters of public importance, a fun and comprehensive inquiry was necessary in respect of the above cases, it, was, therefore, decided to set up a commission of inquiry under the commissions of inquiry act, 1952 to go into all these matters. ..... of the haryana and punjab high court that the principle as laid down by the supreme court in barium chemicals : [1967]1scr898 and rohataa industries' case : [1969]3scr108 is not applicable to a case under section 3 of the commissions of inquiry act, 1952, under section 237(b) of the companies act, discretion has been conferred upon the central government. ..... rules the petitioners challenge the validity of the notification dated 18-2-1970 issued by the central government under section 3 of the commissions of inquiry act, 1952, appointing a commission of inquiry known as 'sarkar commission', in particular, items nos. ..... the learned single judge of the punjab and haryana high court observed that the ratio of barium chemicals : [1967]1scr898 and rohatas industries' case : [1969]3scr108 are not applicable for setting up a commission of inquiry under section 3 of the commissions of inquiry act inasmuch as no circumstances as envisaged in sub-clause (b) of section 237 of the companies act exist for setting up a commission of inquiry under section 3 of the commissions of inquiry act.40. .....

Arjun Singh Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ693

..... the madras high court has been appointed to hold an inquiry into affairs of churhat children's society which is a definite matter of public importance.whereas government of madhya pradesh is of opinion that all the provisions of the commissions of inquiry act, 1952 should be made applicable to the aforesaid agency; therefore, in exercise of the powers conferred by section 11 of commissions of inquiry act, 1952 the state government hereby directs that all the provisions of the said act shall apply to the above high power agency.by order ..... in the impugned notification by way of enlargement of scope of existing enquiry are not 'definite matters of public importance' within the meaning of section 3 of the commissions of inquiry act, 1952 (hereinafter referred to as 'the act') ..... of the paper book) was also issued in terms of sub-sections (2) to (5) of section 5 of the commissions of inquiry act, 1952, to enable the commission to exercise all necessary and ancillary powers for efficient conduct of ..... noticed is that a separate notification was issued on 24-2-1989 in terms of section 11 of the commissions of inquiry act, 1952, which reads as under :-'bhopal, the 24th february 1989 no. f. 1-3-98-i(i) ..... . learned counsel for the petitioner is right in submitting that the definition clause in section 2 of the commissions of inquiry act, defines the word 'appropriate government' borrowing the language of article 246 of the constitution in relation to various entries enumerated in the three lists .....

Prabhat Kumar Vs. the Liberhan Ayodhya Commission of Inquiry and anr.

Court : Delhi

Reported in : 70(1997)DLT671

..... 6.the central government is 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) and sub-section (5) of sections of the commissions of inquiry act, 1952 (60ofl952),should be made applicable to tile said commission and the central government, in exercise of the powers conferred by sub-section (1) of the said section 5, hereby directs that all the provisions of the said sub-sections (2), (3), (4) and (5) of that section shall apply to the commission. [no. ..... 913(e):-whereas the central government is of opinion that it is necessary to appoint a commission of inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, the destruction of the ram janma bhoomi-babri masjid structure at ayodhya on 6th december, 1992. ..... (2) the central government, in exercise of its powers under sections of the act, after forming an opinion that it was necessary to appoint a commission for the purpose of making an inquiry into a definite matter of public importance, namely, destruction of ram janma bhoomi-babri masjid structure at ayodhya (for short 'the structure') on 6.12.1992, appointed justice shri manmohan singh liberhan, a sitting judge of high court of punjab & haryana as one man commission of inquiry with respect to the matters mentioned in the notification dated 16:12.1992. .....

R. Balakrishna Pillai Vs. State of Kerala

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. ..... 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 suffered from fundamental infirmities, that there were serious criticisms .....

Andaleeb Sehgal Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 130(2006)DLT748

..... (ii) if the government decides to institute a commission of inquiry under section 3 of the commission of inquiry act, 1952, the commission is under section 8b of the said act duty bound to afford to any person whose conduct it may inquire into or whose reputation is likely to be affected prejudicially, an opportunity of being heard in the matter and to produce ..... the court observed:it cannot be disputed that a commission of inquiry can be constituted dehors the act in which case it will be an authority appointed in exercise of the executive powers of the government and if such an authority has been or is set up under a resolution or order of the appropriate government for the purpose of making inquiry into any definite matter of public importance, then upon the issue of a notification under section 11 of the act this authority is to be deemed to be a commission appointed under section 3 for the purposes of the ..... the government had by a resolution appointed a commission of inquiry to inquire into certain definite matters of public importance. ..... present case, the commissions of inquiry act itself shows that the government can set up an authority, other than a commission under the said act, in respect of any definite matter of public ..... when the field is covered by the provisions of a validly enacted law, the statute itself leaves it open to the government to appoint an authority by whatever name called, for the purpose of making an inquiry into any definite matter of public importance. .....

P.V. Jagannath Rao and ors. Vs. State of Orissa and ors.

Court : Supreme Court of India

Reported in : AIR1969SC215; [1968]3SCR789

..... 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. ..... , 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. ..... circumstances, the government of the state of orissa are of the opinion that it is necessary to appoint a commission of inquiry for the purpose of making a full inquiry into the aforesaid matters which are of definite public importance. ..... , if 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 notification, and the commission so appointed shall make the inquiry and perform the functions accordingly : ....................................................................'5. .....