Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 2 definitions Sorted by: recent Court: rajasthan Page 1 of about 96 results (0.099 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 .....

Sarwajeet Singh Vs. Union of India and Ors

Court : Rajasthan Jodhpur

..... while he was working at j&k, he was prosecuted and eventually convicted for an offence punishable under section 376 of the act and was accordingly awarded 5 years rigorous imprisonment by the competent court at j&k on 10.3.1993. ..... it is not in dispute that the petitioner was serving at west bengal when he was served with a memorandum of charges, the inquiry was conducted at west bengal, the order of removal was passed and served while the petitioner was serving at west 4 bengal and he preferred his appeal from west bengal itself. ..... if before receiving the order of dismissal, the officer has exercised his power and jurisdiction to take decisions or do acts within his authority and power, would those acts and decisions be rendered invalid after it is known that an order of dismissal had already been passed against him?. ..... -1) was served on the petitioner when he was serving at 22nd bn, ssb, ranidanga, darjeeling (west bengal).the inquiry was also held at darjeeling (west bengal) and penalty order dated 18.08.2010 (annex. ..... had been suspended during the material period; but that does not change the position that if the officer concerned is not suspended during the period of enquiry, complications of the kind already indicated would definitely arise. ..... : (1985) 3 scc217and oil & natural gas commission v. ..... yet again appellants being workmen, their services were protected in terms of the industrial disputes act, 1947. .....

Murad Ali Mehar Vs. the New India Assurance Company Ltd. and O

Court : Rajasthan Jodhpur

..... the government of india, exercising powers conferred upon it by section 17a of the general insurance business (nationalisation) act, 1972, issued a notification dated 28.6.1995 and made the pension scheme applicable to the employees of the general insurance industry. ..... the chief regional manager made an inquiry from the divisional manager as to whether the petitioner had opted for pension. ..... the petitioner also submitted an application to the authorities under the rti act seeking information as to whether an employee was allowed to change the pension option which he had submitted under the scheme of 1995. .....

Dinesh Chandra Somani Vs. Motor Accidents Claims Tribunal, Bhilwara an ...

Court : Rajasthan Jodhpur

..... the fact as to whether the applications before the two forums simultaneously were maintainable or not, essentially cannot have any implication in so far as the order impugned is concerned, inasmuch as, even despite specific provisions contained under section 167 of the act, regarding non-maintainability of claims under workman compensation act and the motor vehicles act, the issue as to filing of claims at both the places by the claimants have never been viewed in the context of initiating proceedings under ..... two forums and was represented by same counsel; the claim filed by the petitioner was decided by the district forum, which was not brought to the notice of the tribunal; the act of filing two claims appears to be intentional and cannot be said to be mistaken; the courts have inherent jurisdiction to take action in case the act of the parties/counsel is found to be in relation to any proceeding before it; it was prayed that the writ petition may be dismissed. ..... 1,14,000/- alongwith interest @ 18% per annum, against which, an appeal was pending before the state commission; the claim of the petitioner was for a sum of rs. ..... and by taking aid of section 167 of the act based on factual inaccuracy to proceed against the applicant and the counsel does not appear to be a prudent action in the facts and circumstances of the case on part of ..... petitioner, an advocate, represented one harak lal in a petition for compensation under section 166 of the motor vehicles act, 1988 ('the act'). .....

Rakesh Dhariwal Vs. Kana Ram Burdak and Ors

Court : Rajasthan Jodhpur

..... learned single judge failed to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, 1952 (hereinafter referred to as 'the rules of 1952').per contra, as per learned counsel for the respondents the scope of section 64 of the act of 1932 has already been examined by this court in the case of ..... dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters.the proper cours.would b e to have the matter adjudicated by ordinary courts of law. . ..... therefore, no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired after reconstitution of ..... of serious mistakes can be rectified by the registrar only after arriving at an absolute satisfaction about commission and existence of such mistake. .....

State and Ors Vs. M/S Balaji Marble Mines and Ors

Court : Rajasthan Jodhpur

..... learned single judge failed to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, 1952 (hereinafter referred to as 'the rules of 1952').per contra, as per learned counsel for the respondents the scope of section 64 of the act of 1932 has already been examined by this court in the case of ..... dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters.the proper cours.would b e to have the matter adjudicated by ordinary courts of law. . ..... therefore, no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired after reconstitution of ..... of serious mistakes can be rectified by the registrar only after arriving at an absolute satisfaction about commission and existence of such mistake. .....

Rakesh Dhariwal Vs. Balaji Marble Mines, Makrana and Others

Court : Rajasthan Jodhpur

..... to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, 1952 (hereinafter referred to as 'the rules of 1952'). 9. ..... where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters, the proper course would b e to have the matter adjudicated by ..... statute refers 'rectification of mistake' and the scope of sub-section (1) of section 64 of the act of 1932 is sufficient enough to infer that the registrar is having authority to conduct an inquiry too within the permissible limits for rectification of mistakes to administer ..... registrar of firms, a petition for writ was filed by shri kanaram burdak and then another writ petition was preferred by the firm m/s balaji marble mines with assertion that under the act of 1932 the registrar of firms is having limited powers for rectification of mistake and that could have been exercised only to remove manifest mistakes and not the disputed issues. ..... mistakes can be rectified by the registrar only after arriving at an absolute satisfaction about commission and existence of such mistake. .....

Kripal Singh @ Pal and Anr Vs. State

Court : Rajasthan Jodhpur

..... the trial court seriously erred in holding accused appellant atma singh guilty for a part of criminal conspiracy and for commission of offences punishable under sections 120-b, 397/120-b and 302/120-b indian penal code. ..... awarded for the offences punishable under sections 394/34 and 120-b indian penal code is affirmed, however, they are acquitted from the charges relating to commission of offences punishable under sections 397/34 and 302/34 indian penal code ..... an opportunity of hearing to the accused persons framed charges against them for commission of offences punishable under sections 120-b, 394/34, 397/34 and 302/34 indian penal code. ..... by learned counsels for the accused appellants is that no adequate evidence is available on record to arrive at a conclusion that the accused persons committed any offence described under section 300 indian penal code and further that they were sharing any common intention to commit murder of shri balvinder singh. ..... establish any grievous hurt to shri balvinder singh by the accused persons, therefore, the offence punishable under section 397/34 indian penal code is also not made out against the accused appellants in the instant matter. ..... to bring home the charge of conspiracy within the ambit of section 120-b indian penal code it is necessary to establish an agreement between the parties for doing an unlawful act. ..... from which it can be reasonably established that a connection was there between the alleged conspiracy and the act done in pursuance thereto. .....

Harjinder Singh Vs. State

Court : Rajasthan Jodhpur

..... the trial court seriously erred in holding accused appellant atma singh guilty for a part of criminal conspiracy and for commission of offences punishable under sections 120-b, 397/120-b and 302/120-b indian penal code. ..... awarded for the offences punishable under sections 394/34 and 120-b indian penal code is affirmed, however, they are acquitted from the charges relating to commission of offences punishable under sections 397/34 and 302/34 indian penal code ..... an opportunity of hearing to the accused persons framed charges against them for commission of offences punishable under sections 120-b, 394/34, 397/34 and 302/34 indian penal code. ..... by learned counsels for the accused appellants is that no adequate evidence is available on record to arrive at a conclusion that the accused persons committed any offence described under section 300 indian penal code and further that they were sharing any common intention to commit murder of shri balvinder singh. ..... establish any grievous hurt to shri balvinder singh by the accused persons, therefore, the offence punishable under section 397/34 indian penal code is also not made out against the accused appellants in the instant matter. ..... to bring home the charge of conspiracy within the ambit of section 120-b indian penal code it is necessary to establish an agreement between the parties for doing an unlawful act. ..... from which it can be reasonably established that a connection was there between the alleged conspiracy and the act done in pursuance thereto. .....