Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 4 powers of commission Page 1 of about 5,508 results (0.171 seconds)

Satwant Singh Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1986Delhi451b

..... -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 government ..... 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. ..... thakkar, who had been appointed as a commission under section 6 of the commission of inquiry act, 1952 to inquire into certain definite matters of ..... (25) 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 ..... 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. ..... '(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 .....

B.H.C. Agro (India) Pvt. Ltd. Vs. Director of Horticulture, Government ...

Court : Andhra Pradesh

Reported in : 2007(6)ALT327

..... appointment of the commission of inquiry is in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952. ..... are the respondents justified in not adhering to their obligations under the m.o.u and in not nominating an arbitrator on their behalf, merely because the report of the commission of inquiry, appointed under section 3(1) of the commission of inquiries act, is still under examination and a final decision, with regard to the applicant's claim, is yet to be taken? ..... a commission is appointed, under the commission of inquiries act, only to inquire, investigate, record its findings and make its recommendations. ..... to be in existence since the government has not as yet taken a decision with regard to payment of the amounts claimed as due by the applicant, that since a retired judge of the punjab and haryana high court, appointed as the commission of inquiry, had submitted his report, the matter had necessarily to be examined by the government before a final decision can be taken on the applicant's claim and that the request for appointment of an arbitrator, even before the government ..... it is well settled that the commission of inquiry has no judicial powers. ..... therefore, mandamus can be issued by the courts in exercise of powers under section 11(6) of the act but the demand should be in the event of failure by the authorities to appoint arbitrators within the reasonable time. .....

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

Court : Supreme Court of India

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

..... no. 365(e) dated may 23, 1977 constituting the commission of inquiry in purported exercise of powers under section 3 of the commissions of inquiry act as illegal, ultra vires; and unconstitutional and not authorised by law; (b) to declare that the provisions of the commissions of inquiry act, 1952 do not authorise the central government to constitute a commission of inquiry in regard to matters falling exclusively within the sphere of the state's legislative and executive power; or(c) in the alternative, declare the said provisions of the commissions of inquiry act as ultra vires both the terms of the constitution as well as the federal structure ..... . 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 .....

Peela Pothi Naidu and ors. Vs. State of A.P., Irrigation and Cad Depar ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD687; 2005(4)ALT146

..... now, therefore, in exercise of powers conferred under clause (a) of sub-section (1) of section 7 read with sub-section (2) of section 7 of the commissions of inquiry act 1952 (central act 60 of 1952), the governor of andhra pradesh, hereby, direct that the aforesaid commission of inquiry shall be deemed to have ceased to exist with effect from the 1st day of december, 1999.'8. ..... 544 revenue (la) department dated 4-8-2001 invoking the powers conferred under clause (a) of sub-section (1) of section 7 read with sub-section (2) of section 7 of the commissions of inquiry act, 1952 directing that the commission of inquiry shall be deemed to have ceased to exist with effect from the first day of december, 1999. ..... it is also argued that by invoking the powers under clause (a) of sub-section (1) of section 7 read with sub-section (2) of section 7 of the commissions of inquiry act, 1952, the government have passed orders earlier holding that the commission of inquiry shall be deemed to have ceased to exist with effect from the 1st day of december, 1999. ..... it has also been argued before this court by relying on the provisions of the commissions of inquiry act, 1952 that section 3 of the commission of enquiry deals with the appointment and section 7 of the act deals with the power of the government to issue a notification to declare if it is of the opinion that the continued existence of the commission is unnecessary. .....

State of Madhya Pradesh Vs. Ajay Singh and Others

Court : Supreme Court of India

Reported in : AIR1993SC825; JT1992(6)SC235; 1992(3)SCALE45; (1993)1SCC302; [1992]Supp2SCR274

..... welfare society; and whereas the state government having regard to the nature of the inquiry to be made and other circumstances of the case is of the opinion that provisions contained in sub-sections (2) to (5) of section 5 of the commissions of inquiry act, 1952, should be made applicable to the aforesaid agency; now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the commissions of inquiry act, 1952, the state government hereby directs that the provisions of sub-sections (2) to (5) of section 5 of the said act shall apply to the above described agency.by order and in the name of the ..... shanti bhushan concedes that there is no express provision in the commissions of inquiry act, 1952 empowering the government to replace or substitute the sole member of a commission with another person during the continuance of the commission, but he submits that this is implicit in the power to appoint a commission and designate its personnel under sub-sections (1) and (2) of section 3 of the commissions of inquiry act read with the power to amend or vary any notification available under section 21 of the general clauses act. ..... context as well as the scheme of the commissions of inquiry act, 1952 clearly indicate that section 21 of the general clauses act, 1897 cannot be invoked to enlarge the government's power to reconstitute the commission constituted under section 3 of the act in a manner other than that expressly provided in the commissions of inquiry act. .....

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

..... 227. even as per the provisions of the commission of inquiry act, 1952, according to the learned senior counsel, the power to appoint a commission of inquiry lies with gnctd only since the term "appropriate government" under section 3 must be read as "government of nct of delhi" as defined under rule 2(g) of the transaction of business rules framed by the president in exercise of the powers conferred by section 44 of the gnctd act, ..... govt. of nct of delhi in exercise of the powers conferred under subsection-1 of section-5 of the commissions of inquiry act, 1952 hereby directs that all provisions of the sub-sections-2,3,4 and 5a of that section shall apply to the commission.rajesh tiwari, ..... govt. of nct of delhi in exercise of the powers conferred under sub-section-1 of section-5 of the commissions of inquiry act, 1952 hereby directs that all provisions of sub-sections-2,3,4,5 and 5a of that section shall apply to the ..... case. now, therefore, in exercise of the powers conferred by section-3 of the commissions of inquiry act, 1952, the government of nct of delhi hereby appoints the commission of inquiry consisting of justice s.n.aggarwal, retired judge, delhi and madhya pradesh high ..... 210. the impugned notification has been issued by the government of nct of delhi in exercise of the powers conferred by section 3 of the commission of inquiry act, 1952 thereby appointing the commission of inquiry consisting of justice .....

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

Court : Guwahati

..... 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. chief secretary, manipur.6. mr. a.k ..... 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 ..... . 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 .....

V. Narayana Rao and anr. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : AIR1987AP53

..... now, therefore, in exercise of the powers conferred by section 3 of the commissions of inquiry act, 1952 (central act 60 of 1962), the governor of andhra pradesh hereby appoints a commission of inquiry consisting of a single member, namely, 'sri n. k. ..... commission was not placed before the legislature within six months of its submission as required by sub-section (4) of section 3 of the commissions of inquiry act, 1952. ..... the executive power of the state extends to appointing such a commission even otherwise than under the commissions of inquiry act, 1952. ..... 340 of the constitution or under the provisions of the commissions of inquiry act, 1952, is not a condition precedent for making a special provision under art. ..... 340 of the constitution by the president of india is no bar for the appointment of a commission by the state whether under the provisions of the commissions of inquiry act, 1952, or otherwise. ..... 3(4) of the commissions of inquiry act, 1952, is only directory and not mandatory. ..... 3, commissions of inquiry act, 1952, is directory, but not mandatory; hence the non-compliane with the said provision does not make the m. r. ..... 3, commissions of inquiry act, 1952. ..... 3(4), commissions of inquiry act, 1952, no action could have been taken thereon by the government after the expiry of six months. s. .....

Narmada Bachao Andolan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT99

..... nagraj, a retired district & sessions judge, as a single man commission of inquiry to inquire into the allegation of preparation and submission of fake registration in badwani, dhar, dewas and khargone districts in the year 2006-07 under the srp for p afs/p aps of sardar sarovar project in exercise of powers under section 3 of the commissions of inquiry act, 1952. ..... nagraj retired district & sessions judge, has been appointed by the government with undue haste ignoring the provisions of section 3 of the commissions of inquiry act, 1952, under which the commission can be appointed only by a resolution passed by the state legislature. ..... section 3 of the commissions of inquiry act, 1952 (for short 'the 1952 act'), is quoted hereinbelow:section 3. ..... patkar that an appointment of the commission under section 3 of the commissions of inquiry act, 1952, can only be pursuant to the resolution of the legislature of the state, is not correct. ..... which were received from the representatives of the petitioner organisation and considering that 686 fake registrations have been alleged under the srp, the state government has by notification dated 18-7-2008 issued under section 3 of the commissions of inquiry act, 1952, appointed shri n.c. .....

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

Court : Supreme Court of India

Reported in : AIR1969SC215; [1968]3SCR789

..... now, therefore, 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. ..... and whereas 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. ..... 3 of the commissions of inquiry act, 1952 (no. ..... the respondents in this case have done noting to obstruct or interfere with the lawful powers of the court by acting bona fide and discharging statutory functions under the commission of inquiry act. ..... (10) which calls upon the commission of inquiry to make recommendations about the action to be taken 'as and by way of securing redress or punishment', cannot he said to be at all necessary for or ancillary to the purposes of the commission, in our view the words in the latter part of the section, namely, 'as and by way of securing redress or punishment', clearly go outside the scope of the act.' 11. ..... 3 of the act the orissa government is exercising a statutory power and in making the inquiry contemplated by the notification, the commission is performing its statutory duty. .....