Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 2 definitions Court: rajasthan Page 1 of about 96 results (0.113 seconds)

Kashi Purohit and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

..... writ or direction declaring that the council of ministers, without having resolved and passed in the legislative assembly as contemplated under section 3 of the commissions of inquiry act, 1952(hereinafter referred to as 'the act of 1952'), cannot appoint a commission to investigate into any definite matter of public significance, and inconsistent with the touch stone of rules and the law; further direction declaring that no commission can be constituted by the newly elected government to look into and investigate the decisions taken by the previous council of ministers ..... commission of inquiry is a matter of discretion of the appropriate government and it can be set up under executive order of the government or under section 3(1) of the act of 1952 for preliminary verification of the allegations which may justify a statutory inquiry or investigation or departmental action. ..... it is wrong to contend that commission of inquiry under impugned notification is bad in law, in absence of the resolution of the assembly in terms of section 3 of the act of 1952.10. ..... relying upon the aforesaid provisions of law, learned counsel has urged that had the commission been appointed under section 3 of the act of 1952, it would have been mandatory and obligatory for the government to cause the report be laid before the assembly together with the memorandum of action taken thereon within a stipulated period. .....

Poonam Chand Joshi and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1971Raj12; 1970(3)WLN326

..... tendolkar, air 1958 sc 538 that the expression 'public importance' in section 3 of the commissions of inquiry act, 1952, is sufficient to guide the government in regard to the policy of the law, and that the power could not be said to be unguided or uncontrolled ..... such expressions can well serve the purpose of laying down the policy of the legislature and criterion for the guidance of the concerned authorities.it may also be mentioned that even though the definition of 'public purpose' in section 2(f) of the land acquisition act was not useful for ascertaining the ambit of the expression, and even though it was realised that 'public purpose' was bound to vary with the times and the prevailing conditions ..... has been supported by reference to (1969) 2 scc 166 = (air 1970 sc 1453), and my attention has been invited to paragraph 21 where their lordships have made observation, inter alia, that the expression 'public interest' in section 27 (6) (g) of the gold control act, 1968 does not provide any objective standard or norm or guidance. ..... air 1965 sc 1767 cited by the learned counsel lays down that an obligation to act judicially exists where the authorities deal with the rights of the citizen, as well as in cases in which such an inference can be drawn from the scheme of the statute and its material ..... paragraph 16.55 summarises the conclusions emerging from decided cases on the duty to act judicially, but those conclusions do not support the argument of the learned counsel for the .....

Brahmanand and anr. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1970Raj220; 1970CriLJ1512

..... , reads as follows:--'when the evidence referred to in subsection (4) has been taken and the magistrate has considered all the documents referred to in section 173 and has, if necessary, examined the accused for the purpose of enabling him to explain any circumstances appearing in the evidence against him and given the prosecution and the accused an ..... in that case it has been observed by the full bench of the madras high court that all that the section lays down is that if the magistrate finds that there are no sufficient grounds to commit the accused for trial, he will exonerate him, and send him away from the court, but is not bound to do ..... magistrate has considered all the documents referred to in section 173, criminal procedure code, and when the magistrate ..... does an act with such intention or knowledge and under such circumstances that, if he by that act caused death he would be guilty of murder, is liable to punishment under section 307, ..... it is a settled law that the magistrate holding a preliminary inquiry has to satisfy himself that a prima facie case is made out against the accused by the evidence of witnesses, entitled to a reasonable degree of credit, and unless he is so satisfied, he has not to make any ..... --(1) when the evidence referred to in section 208, sub-sections (1) and (3), has been taken and he has (if necessary) examined the accused for the purpose of enabling him to explain any circumstances in the evidence against him, such magistrate shall, if he finds .....

Siddha Raj Dhadda Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1990Raj34; 1989(2)WLN63

..... has been active in and has very long association with the sarvodaya movement and claims to believe in the philosophy of mahatma gandhi, the father of the nation, seeks from this court direction that a commission of inquiry under the provisions of commissions of inquiry act, 1952 (for short the act), be set up by the state of rajasthan to find out and identify the guilty persons responsible for the various incidents of deaths and other sufferings. ..... state that so far as the question of setting up commission under the act it is concerned, under section 3(1) of the act, it is discretionary with the appropriate government to set up a commission and it is only mandatory to set up a commission if the resolution is passed by the house of people or as the case may be by the legislature of the state, where there is discretionary jurisdiction, no mandamus in our opinion, can be; issued to the state government to set up a commission of inquiry, for the purpose to make inquiry into the matter of public importance by notification in the ..... matter came up to the court in a case of present nature, which relates to the conditions in the government run hospitals where crores of rupees of public funds are involved; relates to the treatment to poor and downtrodden weaker section of the society who by and large come to the hospital, in our opinion it becomes the duty of the court to appoint the commissioner/commissioners to go into the matter and to submit their report with the suggestions of remedial .....

Vijay Mehta Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1980Raj207; 1980()WLN288

..... the show cause notice, the respondent has stated that having regard to the scheme and purport of tha commissions of inquiry act, 1952 (no. ..... 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:provided.....'ss. ..... vehemently argued that the government was asked to exercise discretion under section 3 of the act by the appointment of the commission of inquiry as it was a matter of public importance which it failed ..... follows that the petitioner has no legal or statutory right to compel the state government to appoint a commission of inquiry even when there is a definite matter of public importance. ..... respondent, there is no statutory or other obligation upon the state government to appoint a commission of inquiry even if there is a definite matter of public importance. ..... under section 3, the appropriate government is not under a legal or statutory obligation to appoint a commission of inquiry even on a definite matter of public importance except in the case of a resolution by parliament or the legislature of the state .....

Central Bureau of Investigation Vs. Kumher Inquiry Commission and ors.

Court : Rajasthan

Reported in : 1995CriLJ3917

..... 7th june, 1992, appointed a commission under the commissions of inquiry act, 1952 (in short, 'the act'). ..... under clause (d) of section 4 of the act, the commission can requisition any public record or copy thereof from ..... the commission while exercising the power under section 4 of the act does not have the power ..... the commission is not a court but has certain powers of the civil court as conferred by section 4 of the act, it does ..... the commission are mentioned in section 5 of the act.13 ..... commission has been appointed under section 3 of the act ..... singh, as a result of investigation carried out by him and his associates, were relevant under section 35 and they were liable to be produced by the state government and used in evidence in ..... the court; but, if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purposes of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the indian evidence act, 1872 (1 of 1872), shall apply.'23. ..... now the provision of sections 123 and 124 of the indian evidence act under which the privilege has been claimed, ..... sections 123 and 124 of the indian evidence act ..... has been claimed under sections 172 and 173 ..... a reading of these two sections indicates that in order to claim privilege there must be some prerequisite conditions; (i) the document must be unpublished official record; (ii) it should relate to the affairs of the state; and (iii) it can be admitted in evidence .....

State of Rajasthan Vs. Hon. Mr. Justice B.P. Beri and ors.

Court : Rajasthan

Reported in : AIR1968Raj77

..... it appears that the documents in question were requisitioned by the commission under section 4(d) of the commission of inquiry act, 1952 (act no. ..... lx of 1952), (hereinafter called the act), and in complying with it any claim for privilege does not appear to have been raised by the petitioner, it was contended by the petitioner that while section 4 of the act authorised the commission to requisition any public record, it did not authorise it to permit inspection of such record or documents by other persons. ..... in dealing with the argument, they referred to section 4 of the act and observed that it only clothes the commission with certain powers of a civil court but does not confer on it the status of a court. ..... the so-called rules made by the commission itself in exercise of its own powers under section 8 of the act are nothing but broad principles which the commission has formulated for its own guidance and for the information of all concerned these are not such hard and fast rules as cannot be varied or departed from by the commission. 6. ..... now, in our opinion, section 8 of the act confers very wide powers on the commission to regulate its own procedure and that is subject only to any rules made under section 12 of the act. ..... the learned counsel then contended that in ordering the inspection of the documents by the persons concerned before the filing of the statement of facts by them the commission has acted against its own rules framed under section 8 of the act. 5. .....

Meena Vyas Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2009(1)Raj870

..... in any manner his position as such member.the above provision has been prescribed for removal of member and chairman of the board and during course of inquiry the power can be exercised for placing the person charged under suspension under section 63(4) which specifically provides that the state government may place under suspension a member against whom proceedings have been commenced under this ..... are not related to the period of his tenure but this fact clearly speaks that without application of mind the said preliminary inquiry was conducted and even the person who has conducted the inquiry was not knowing that ratan lal java the present executive officer was not posted during the period for which alleged misconduct was ..... to watch public interest where any proceeding or order of a board or of any of its committees or of the chairman or vice chairman or of any member is inconsistent with the provisions of this act and the rules made thereunder or is detriment to the interest of the board, the executive officer shall put up a note of dissent and report the matter to the collector of the district and the state ..... is no provision for entertaining any complaint under section 63(1a) of the act but the respondents can say that source of knowledge is complaint, therefore, before taking any action if any preliminary inquiry is conducted, then, copy of that was ..... per the contention of the petitioner there is no act, action, omission and commission on the part of the petitioner with regard .....

Karnail Singh and ors. Vs. the Board of Revenue and anr.

Court : Rajasthan

Reported in : 2007(1)WLN359

..... : air1993sc825 in a matter of replacing its existing sole member by another member under the commission of inquiry act, 1952 and held that section 21 is not applicable where much emphasis was laid on the scheme of the act. ..... the construction suggested by sri shanti bhushan is inconsistent with the provisions and the scheme of the commissions of inquiry act, 1952 and must, therefore, be rejected.19. ..... the extent to which the constitution of the commission can be amended or varied by filing any vacancy in the office of a member as provided in the commissions of inquiry act is also obviously excluded from the purview of section 21 of the general clauses act which cannot be invoked for this purpose.31. ..... thus, the power to rescind any notification conferred generally in section 21 of the general clauses act is clearly inapplicable in the scheme to the commissions of inquiry act which expressly provides for the exercise of this power in relation to a commission constituted under section of the act. ..... in the context of reconstitution of the commission, the power to fill any vacancy in the office of a member of the commission is expressly provided in sub-section (3) of section 3 of the commission of inquiry act. ..... it is common ground before us that section 21 of the general clauses act can be invoked only if, and to the extent, if any, the context and the scheme of the commissions of inquiry act so permits. .....

Balkari and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1976CriLJ828; 1975()WLN812

..... had, therefore, failed to prove such incapacity as would have been available to him as a defence, and so the law presumes that he intended the natural and probable consequences of his act, in other words, that he intended to inflict bodily injury to the deceased and the bodily injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. ..... clearly show that the accused balkari at the time of commission of the crime was not incapacitated to form the requisite intention ..... both the appellants were further convicted under section 25(1) of the indian arms act and each of them was sentenced to undergo rigorous imprisonment for ..... finding the offence is not reduced from murder to culpable homicide not amounting to murder under the second part of section 304 of the penal code. ..... pleaded that the case against the appellants falls under section 304 part ii i, p. ..... were obscured to such an extent that they were not in a position to form the required intention and as such the appellants should be held guilty under section 304 part ii i. p. ..... pepsu : 1956crilj919 (2) were pleased to hold the accused of that case guilty of the offence punishable under section 302 i. p- c. ..... the murder of gopal and sentenced to rigorous imprisonment for life, whereas multan was convicted under section 307 i. p.c. ..... has been preferred by the convicts balkan and multan against the judgment of the sessions judge, ganganagar dated may 24, 1971 whereby balkan was convicted under section 302 i. p. .....