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State of Bihar Vs. Lal Krishna Advani and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3357; 2003(4)ALLMR(SC)1210; 2003(3)BLJR2020; JT2003(Suppl1)SC335; 2003(7)SCALE524; (2003)8SCC361

..... to applicability of section 8b of the commissions of inquiry act, 1952 (60 of 1952) (for short 'the act'). 2. ..... it was a matter of concern and the state government decided to constitute a commission of inquiry under section 3 of the act, which reads as under: '3. ..... circumstances right of an individual to have the safeguard of principles of natural justice before being adversely commented upon by a commission of inquiry is statutorily recognised and violation of the same will have to bear the scrutiny of judicial review. ..... the case may be, the legislature 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: xxx xxx xxx (2) the commission may consist of one or more members appointed by the appropriate government, and where the ..... constitution bench judgment, to submit that the recommendations of commission of inquiry are not enforceable proprio vigore. ..... further submitted in reference to observations made in paragraphs 184 and 186 of the aforesaid decision that the function of the commission is purely fact-finding and its pronouncement is neither binding nor a definitive judgment the commission is required to submit its report, which may or may not be accepted by the appointing authority. .....

NaraIn Singh Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1972HP139

..... according to him, under clause (d) of section 257 it was his term of office for which he had been elected under the act of 1952, which was saved by this act of 1970 and in so far as other matters were concerned, the act of 1952 did not have any application nor the new act had any application. ..... 19 of 1970 had no application to his case, as he had been elected under the panchayati raj act of 1952 and it was section 118-a which provided for suspension and removal of a president. ..... the reasoning advanced by the learned counsel is that he is not a panch elected under the act of 1970, rather he had been elected under the act of 1952 which act stood repealed except to the extent as provided for under section 257 of the act of 1970. ..... i have got no reason to disagree with the submission made by the learned counsel for the petitioner that this order of suspension is not sustainable because there is no inquiry pending; it is only contemplated by the department through the deputy director of panchavats who was required to submit his report to the government within 20 days.5. ..... 19 of 1970, would be immune from any action being taken against him under any of the provisions of the act, for his acts of commission or omissionand abuse of powers as a member of the gram panchayat. ..... hence, in my view, it is section 54 (1) which would definitely apply in the case of suspension of a member elected under the provisions of the old act, i. e. .....

Registrar of Restrictive Trade Vs. Tata Engineering and Locomotive

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas470NULL

..... it appears from the correspondence (exhibit a to the application) that right from 1972 the registrar has contended that the categories mentioned in section 33(1) of the act are statutory examples of restrictive trade practices regarding which the legislature was satisfied that they fell within the definition of section 2(o) of the act and that these practices were per se restrictive trade practices.we have upheld this contention of the registrar in our judgment dated 6th september, ..... that although area allocation and exclusive dealership were trade practices which imposed certain restrictions on the dealers, they did not have the effect of preventing, distorting or restricting competition within the meaning of section 2(o) of the act as by these restrictions it was sought to secure fair distribution of the trucks manufactured by the respondent, which were in short supply and very much in demand and first class after-sales-service ..... in the case of the respondent itself if there is no area allocation, persons in backward areas will not be able to gets bus and truck chassis manufactured by the respondent and, secondly, the rates of commission allowed to the dealers are so low that there was no scope for competition from dealers in other areas in the country. ..... the two issues or points are, therefore, clear-cut and any inquiry under section 37(1) has to deal with the two issues or points separately and ..... aubyn v.attorney-general, [1952] ac 15, 63 ; 3 edc 292 (hl) and chipping and .....

The Pachora Peoples' Co-op. Bank Ltd. Vs. the Employees Provident Fund ...

Court : Mumbai Aurangabad

..... has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude; or (ii) whose remuneration or part of whose remuneration takes the form of commission or of a share in the profits of the company, provided that nothing contained in this sub-clause shall apply to the payment by a banking company of - (a) any bonus, in pursuance of a settlement or award arrived at or made under any law relating to industrial ..... disputes or in accordance with any scheme framed by such banking company or in accordance with the usual practice prevailing in banking business; (b) any commission to any broker (including guarantee broker), cashier-contractor, clearing and forwarding agent, auctioneer or any other person, employed by the banking company under a contract otherwise than as a regular member of the staff of the company; or .......... 12. mr. p. p. ..... he submitted that in the industrial disputes act the definition of the term "worker" in section 2(s) was amended in 1984. ..... initiated an inquiry under section 7a with regard to non payment / deposition of provident fund subscription in connection with the pigmy deposit collectors. e. ..... the petitioner is covered by the employees provident funds and miscellaneous provisions act, 1952. c. .....

New Hope Food Industries (P) Limited Rep. by Its Managing Director, Mr ...

Court : Chennai

Reported in : LC2008(1)173; (2008)3MLJ575; 2008(36)PTC400(Mad)

..... by themselves, their directors, heirs, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers or any one claiming through or under them from committing acts of infringement of copyright of plaintiff's artistic work in the capsule shaped device and the trade mark 'milka' depicted thereon by use of an almost identical and nearly similar capsule shaped device and the trademark 'milka' ..... , their associate companies, heirs, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers or any one claiming through or under them from committing acts of infringement of plaintiff's registered trade mark 'milka wonder cake' by use of trade mark 'milka' or any other mark similar thereto in respect of cakes. ..... under section 31 of the trade marks act 1999 in all legal proceedings relating to a trade mark registered under this act, the original registration of trade mark and all subsequent assignments and transmissions of the trademark shall be prima facie ..... for adjudication at the hands of the commission in the same manner. ..... it would definitely cause confusion ..... irreparable damage, in this sense, is relatively easily shown, since infringement may easily destroy the value of a mark or at least nullify expensive advertising in a way that is hard to quantify for the purposes of an inquiry into damages. .....

Sri Narayanadoss Mahant and anr. Vs. Sri T. Neeladri Rao and anr.

Court : Andhra Pradesh

Reported in : AIR1959AP148

..... cases of breaches of trusts, express or constructive) and to suggest the methods by which the said properties can be recovered and properly administered; 'and whereas the government of andhra are of opinion that all the provisions of the commissions of inquiry act, 1952 (central act lx of 1952), should be made applicable to the special officer aforesaid: 'now therefore, in exercise of the powers conferred by section 11 of the said act, the governor of andhra hereby directs that all the provisions of the said ..... that the notification appointing a commission of inquiry is bad in that it 'does not relate to a definite matter of public importance; secondly, that the special officer had acted in excess of the powers conferred on him by the notifications inasmuch as he had not held a preliminary inquiry into the question whether the property of sri hathiramjee mutt is in fact a hindu religious rind charitable trust created for a public purpose, which alone would give him jurisdiction to, hold an inquiry into the affairs of the ..... in our view, there is no force in this contention, section 3 of the act not only empowers the government to appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance but also to direct the commission to perform such functions as may be specified in the notification. .....

Justice P. Venugopal Vs. State of Tamilnadu Rep. by the Chief Secretar ...

Court : Chennai

Reported in : (2007)1MLJ494

..... venugopal, judge, madras high court to function as the commission of inquiry under the commissions of inquiry act, 1952 in respect of the incidents that took place in coimbatore ..... petitioner is entitled to pension covering the period from 08.12.1981 to 31.12.1988 as per the terms and conditions of appointment of the petitioner as commission of inquiry on two occasion and commissioner of payments; that the commission of inquiry act and race club acquisition and transfer of undertakings act, 1986 (act 26 of 1986) do not operate as a bar for the petitioner to claim pension for the said period; that the honourable supreme court ..... petitioner attained the age of superannuation, hence, to clarify the position, the respondent has passed the order dated 28.12.1981 stating that the petitioner is appointed as commission of inquiry on a full time basis and he is entitled to draw the total emoluments last drawn by him as a judge of the high court of madras, minus ..... 19.07.1981 appointing the petitioner as commission of inquiry, the performance of the petitioner was treated as actual service within the meaning of paragraph 11(b)(i) of part 'd' of the second schedule to the constitution of india read with section 2(1)(c)(i) of the high court judges (conditions of service) act, 1954. ..... as actual service' within the meaning of paragraph 11 (b) (i) of part 'd' of the second schedule to the constitution of india read with section 2(1)(c)(i) of the high court judges (conditions of service) act, 1954. .....

R.L. Gupta and anr Vs. Union of India (Uoi) and ors

Court : Supreme Court of India

Reported in : AIR1988SC968; JT1988(1)SC556; (1988)IILLJ113SC; 1988(1)SCALE517; (1988)2SCC250; [1988]3SCR255; 1988(2)SLJ164(SC); 1988(1)LC633(SC)

..... was still working as the member-secretary of the delhi legal aid and advice board, on april 26, 1985 the government of india appointed a commission of inquiry presided over by shri justice ranganath misra, judge, supreme court of india under the provisions of section 3 of the commissions of inquiry act, 1952 for the purpose of making enquiries into a matter of public importance namely, the allegations in regard to the incidents of organised violence in delhi following ..... ' even though it had been stated that the petitioner was sent on deputation at his own risk to the commission of inquiry it would be unjust to hold that the high court could have on the facts and circumstances of this case passed orders which would have ..... the quality of the work rendered by the petitioner in the capacity of the secretary to the commission of inquiry headed by shri justice ranganath misra, we may quote the certificate issued by shri justice ranganath misra ..... pachauridirector (ic-ii)dear miss mehra,the central government vide notification dated 26.4.1985, has appointed a commission of inquiry under the chairmanship of shri ranganath misra, a sitting judge of the supreme court of india for the purposes of making an enquiry into the allegations in regard to the incidents of organised violence ..... gupta, a member of the delhi superior judicial service, worked as the secretary of the commission of inquiry set up under my chairmanship to inquire into the atrocities in delhi, kanpur and bokaro following the .....

Gokulananda Roy Vs. Tarapada Mukharjee and ors.

Court : Kolkata

Reported in : AIR1973Cal233,76CWN411

..... in other words, it was contended that it was for 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. ..... 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 ..... to hold an inquiry in accordance with the terms and conditions of the order which ran as follows:--'whereas the governor is of opinion that it is necessary that an enquiry should be made into the following definite matter of public importance, namely, the disturbances which occurred in and around the house of the sains at burdwan, 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 .....

In Re: Raymond Woollen Mills Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas395NULL

..... on 6th december, 1974, the commission issued to the respondent who is a manufacturer of steel files a notice of a suo motu inquiry under sections 10(a)(iv) and 37 of the monopolies and restrictive trade practices act, 1969 (hereinafter for the sake of brevity referred to as "the act"), and regulation 58 of the monopolies and restrictive trade practices commission regulations, 1974 (hereinafter for the sake of brevity referred to as "the regulations"). ..... the notice further states that it appears to the commission that an inquiry under sections 10(a)(iv) and 37 of the act should be held into the above restrictive trade practices alleged to be indulged in by the respondent. ..... in respect of inquiries pursuant to complaints by consumers or consumers' associations under clause (a)(i), section 11 of the act provides that the commission shall refer the complaint to the director of investigation for preliminary investigation for the purpose of satisfying itself that the complaint requires to be inquired into. ..... section 12 of the act merely confers on the commission "for the purposes of the inquiry" certain powers as are vested in a civil court under the code of civil procedure while trying a suit in respect of summoning of witnesses, discovery and inspection, etc. ..... section 12 does not make an inquiry before the commission under sections 10 and 37 a "trial" as in a suit. ..... section 10(a)(iv) provides for inquiries upon the commission's "own knowledge or information". .....