Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 2 definitions Page 2 of about 3,544 results (0.094 seconds)

Satwant Singh Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1986Delhi451b

..... had been appointed as a commission under section 6 of the commission of inquiry act, 1952 to inquire into certain definite matters of public importance. ..... -in exercise of the powers conferred by sub-section (5) of section 3 of the commissions of inquiry act, 1952 (60 of 1952), the central government being satisfied that it is not expedient in the interest of the security of the state and in the public interest to lay before the house of the people the reports submitted to that ..... petitioner was tried for the aforesaid offence the central government vide notification dated 20th november, 1984 appointed a commission of inquiry (hereinafter referred to as 'the commission') in exercise of its powers conferred by section 3 of the commission of inquiry act, 1952. ..... contention of the learned counsel for the petitioner was that the statements made by witnesses who had appeared before the commission, prior to the trial of the petitioner before the sessions court, were admissible and usable as per section 145 of the evidence act and that section 6 of the commissions of inquiry act did not bar the use of such prior statements before the trial court. ..... it is now well settled that the only power that a commission, constituted under section 3 of the commissions of inquiry act, has is to inquire into and make a report and give ..... '(4) on 21st january, 1985 the said commission framed additional regulations under section 8 of the commission of inquiry act with regard to the procedure which was to be .....

C. Paulraj Vs. the Hon'ble Mr. Justice P. Bhaskaran Justice Bhaskaran ...

Court : Chennai

Reported in : (1990)1MLJ163

..... in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952 (central act ix of 1952) a commission of inquiry consisting of a single member namely justice bhaskaran of this court has been appointed by the government in g.o.ms.no. ..... (vi) to suggest whether any action against any government official is necessary.section 3 (i) of the commissions of inquiry act, 1954 is to the following effect:3(i) the appropriate to government may, 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 ..... of democratic government to function more efficiently and effectively.the supreme court in the above mentioned case has further held that 'it is clear from the general scheme of the commissions of inquiry 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 and it has to collect facts through the evidence led before it and on a consideration thereof it is required to submit its report which the appointing authority may or may .....

District Administration Vs. Commissioner of Inquiry and ors.

Court : Guwahati

..... 207/2005/28 - whereas the government of meghalaya is of the opinion that it is necessary to appoint a commission of inquiry for the purpose of making an enquiry into a definite matter of public importance.now, therefore, in exercise of the powers conferred under sub-section (1) of section 3 of the commission of inquiry act, 1952, the government of meghalaya hereby appoint a commission of inquiry heading by justice d.n. ..... the government of meghalaya in exercise of the power conferred by section 3 of the commission of inquiry act, 1952 (act no. ..... . sub-section (1) of the section 3 of the act empowers the appropriate government, to appoint a commission of inquiry, by issuing notification in the official gazette, if it forms an opinion that it is necessary so to do, for the purpose of making an inquiry into the definite matter of public interest and performing such function and within such time as may be satisfied in such notification ..... 60 of 1952) (hereinafter referred to as 'the act'), upon forming an opinion about the necessity to appoint a commission of inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, relating to the incident of police firing occurred on 30th september, 2005 at tura in west garo hills district resulting in the death of four persons besides injury to a number of civilian and police personnel, .....

Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.

Court : Guwahati

..... the issue is raised under section 2 of the commissions of inquiry act 1952, and that section omittingthe unnecessary clauses reads as under : '2. ..... the issue raised in the writ petition is whether the state government under the commissions of inquiry act of 1952 was entitled to appoint a commission as respects the occurrence of april 14 in baghmara. ..... we are considering in the two cases the constitutional power of meghalaya to appoint a commission under the commissions of inquiry act, 1952. ..... the principal issue that arises in the case is under the commissions of inquiry act 60 of 1952. ..... the inquiry was to be held under the commissions of inquiry central act 60 of 1952. 4. ..... the state added it was open'f or them either to order a magisterial inquiry, a judicial inquiry or in their options it was open for them to have had appointed a commission of inquiry as was done by them in the impugned order. ..... definitions-- in this act, unless the context otherwise requires,-- (a) 'appropriate government' means - (1) the central government, in relation to a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in list i or list ii or list iii in the seventh schedule to the constitution; and (2) the state government, in relation to a commission appointed by it to make an enquiry into any matter relatable to any of the entries enumerated in list 11 or list iii in the seventh schedule to the constitution'. .....

Sarat Kumar Kar Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2008(II)OLR891

..... carefully considering the gravity of the allegations, the state government is of the opinion that these being definite matters of public importance should be enquired into by a commission of inquiry under the commissions of inquiry act, 1952 (60 of 1952);now, therefore, in exercise of the powers conferred by section 3 read with sub-section (1) of section 5 of the commissions of inquiry act, 1952 (60 of 1952) the state government do hereby appoint a commission of inquiry consisting of justice chira ranjan pal, retired judge of orissa high court, with effect from the 22nd ..... provisions of sub-section (1) of section 3 of the commission of inquiry act, 1952, which provides that the appropriate government may if it is of the opinion that it is necessary so to do, and if a resolution in that behalf is passed by each house of parliament or, as 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 ..... concurrent list regarding criminal law but the criminal law does not include criminal act and that too in respect of appointment of a commission under the commissions of inquiry act, 1952 for the alleged acts of omissions and commissions within the state assembly secretariat on which no action can be taken by the state government and, as such, section 5(4) of the act cannot be complied with.whether the executive is separate from the state legislature under .....

Andaleeb Sehgal Vs Union of India and anr.

Court : Delhi

..... pathak inquiry authority has been set up to go into the root of the certain matters of definite public importance as set out in the terms of reference specified in the said resolution; and whereas the central government is of the opinion that the provisions of the commissions of inquiry act, 1952 (60 of 1952) specified in the annexure to this notification should be made applicable to the ..... therefore, in exercise of powers conferred under section 11 of the commissions of inquiry act, 1952 (60 of 1952), the central government hereby directs that the provisions of the said act specified in the annexure to this notification shall apply to the said authority.annexure the commission of inquiry act, 952 (60 of 1952) serial provision of the act number (1) (2)1. ..... in the said case, the learned single judge, while interpreting section 11 of the commissions of inquiry act, 1952 with all the powers conferred by sections 4, 5 and 8 of the act for submitting the report with its findings, held that when the authority making a decision which might affect the rights of the parties was required to adopt a judicial approach even though the ..... of our preceding analysis, we proceed to record our conclusions in seriatim:(i) when an authority is constituted by the competent government and resort is taken to section 11 of the commissions of inquiry act, 1952, it does not necessarily result in the application of sections 8b and 8c of the act to the proceedings before the inquiry authority / commission. .....

Ram Krishna Dalmia Vs. Shri Justice S.R. Tendolkar and ors.

Court : Supreme Court of India

Reported in : AIR1958SC538; (1959)61BOMLR192; [1959]1SCR279

..... and whereas the central government is of the opinion that there should be a full inquiry into these matters which are of definite public importance both by reason of the grave consequences which appear to have ensued to the investing public and also to determine such measures as may be deemed necessary in order to prevent a recurrence thereof; now, therefore, in exercise of the powers conferred by section 3 of the commissions of inquiry act (no. ..... this delegation of authority, however, is not unguided or uncontrolled, for the discretion given to the appropriate government to set up a commission of inquiry must be guided by the policy laid down, namely, that the executive action of setting up a commission of inquiry must conform to the condition of the section, that is to say, that there must exist a definite matter of public importance into which an inquiry is, in the opinion of the appropriate government, necessary or is required by a resolution in that behalf passed by the house of the people or the legislative assembly ..... it is pointed out that the act, by section 3, empowers the appropriate government in certain eventualities to appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and for no other purpose. ..... 60 of 1952), the central government hereby appoints a commission of inquiry consisting of the following persons, namely : shri justice s. r. .....

Union of India (Uoi) and 3 ors. Vs. State of Manipur and 2 ors.

Court : Guwahati

..... ibotombi singh,further, argued that section 2, of the commissions of inquiry act, 1952 do not contemplate forsetting up of any, commission of inquiry againstthe members of the force under the ..... the power of the state government in constituting the said commission of inquiry under the commissions of inquiry act, 1952 for the purpose of making inquiry to the alleged disappearance of one shri y. ..... and three others have filed the present writ petition for quashing the order of the state government dated 12-3-98 (annexure-a/2) constituting a commission of inquiry under section 3 of the commissions of inquiry act and also to quash the public notice dated 31-6-1998 (annexure-a/3) issued by the secretary. ..... definitions-- in this act, unless the context requires :--(a) 'appropriate government' means--(1) the central government, in relation to a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in list i or list ii or list iii in the seventh schedule to the constitution; and(2) the state government in relation to a commission appointed by it to make an enquiry into, any matter relatable to any of the entries enumerated in list ii or list iii in the seventh schedule ..... to give definite judgment which can be enforce decisively distinguishes the commission from court. ..... created a serious law and order problem in the state and it is has assumed the character of definite matter of public importance relating to public order and therefore the govt. .....

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 .....

Registrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.

Court : Mumbai

Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115

..... the question that arose for consideration there was whether a commission under section 4 or the commissions of inquiry act, 1952, was a court or not within the meaning of the contempt of courts act, and it was held that it was not a court. ..... the reason given therefore was that the least characteristic that is required of a court is the capacity to deliver a 'definitive judgment' and that test was not fulfilled in the case of a commission appointed under the commissions of inquiry act, the report made by the commission not being a definitive judgment and not binding on the parties. ..... 'section 19 of the indian penal code defines 'judge' in following terms :'the word 'judge' denotes not only every person who is officially designated as a judge, but also every persoa who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment. ..... we have already shown that the decision given by the authority appointed under the payment of wages act is a definitive judgment.16. ..... 'the aforesaid definitions clearly bring out that for an authority to be a court an essential condition is that it must have power to give a decision or a definitive judgment which has finality or authoritativeness, whether subject to appeal or not .....