Court : Allahabad
Reported in : 2004(3)AWC2059
..... 40074 of 2003 the state government issued the impugned notification dated 26.9.2003 in exercise of its power under section 3 of the commissions of inquiry act, 1952 (hereinafter to be referred as 'the act') appointing hon'ble mr. ..... the division bench of this court directed that a gazette notification be issued by the state government under section 3(1) of the commissions of inquiry act, 1952 notifying the appointment of hon'ble mr. ..... the state government in the said affidavit stated that it is already seized of the matter and an enquiry has already been ordered to enquire various alleged acts of omission and commission and there is no necessity of holding parallel enquiry by the high court under section 3 the commissions of inquiry act, 1952. ..... we, however, make it clear that quashing of report of single member commission submitted on 21.11.2003 does not fetter the power of the state government for appointing a commission of inquiry under section 3 of the act or to direct for any other kind of enquiry regarding the subject in issue.30. ..... section 4 of the act provides that the commission shall have the powers of a civil court with regard to matters included in section 4. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All343
..... of the commissions of enquiry act, 1952, with headquarters of the commission at allahabad. ..... of the commissions of enquiry act, 1952 read with s ..... the commissions of enquiry act, 1952 is one of such legislations through which the effort is made to find out the true ..... appointment is neither in breach of any law, nor that of the provisions of the commissions of enquiry act, 1952. ..... 8 of the commission of enquiry act has been made which provides that the commission shall, subject to any rules that may be made, have power to fix places of its sittings. ..... the commission has also been given power to frame its own rules and ..... of india, for theproposition that if the discretionary power isexercised for an unauthorised purpose, itrenders the order bad ..... 8 of the act, has full power and jurisdiction to fix its own place of sittings rule in that connection, namely, rule 4(a) has also been framed that generally sitting shall be held at pilibhit but they can also be held at allahabad after ..... of west bengal, holding tat if the statutory power is exercised for purposes foreign to those for which it is in law intended, the exercise of the power becomes mala fide. ..... appointment was made in exercise of power vested under s. ..... has also framed its rules of procedure in exercise of power under s. ..... exercise of discretionary, power is vitiated.11. ..... has been held that discretion must be exercised with due application of mind and uninfluenced by and without surrendering to the dictates ofextraneous body, authority or power. .....
Tag this Judgment!Court : Allahabad
Reported in : 1962CriLJ629
..... tendolkar : [1959]1scr279 , the following observations are to be found, regarding the wide discretion left to the government under the commission of inquiry act, 1952;this court not being in possession of all the facts will, we apprehend, be slow to adjudge the executive action to be bad ..... are as follows : by a notification published in the gazette extraordinary of july 8, 1960, the central government, acting under the powers conferred by section 3 of the essential services maintenance ordinance 1960, prohibited strikes in various essential services, including 'any railway service', and as a result, any person who instigated or incited others to take part in this kind of strike became liable to punishment under section 5 of the ordinance.on 14.7.1960 the accused-applicants, who were employed by the n.e. ..... learned counsel for the applicants goes on to argue that section 3(1) of the ordinance is unconstitutional and void, because it grants the central government an arbitrary power to decide whether to take or not to take action, thereby offending against article 14 ..... overlooked that parliament has confided this discretion, not; to any petty official but to the appropriate government itself to take action in conformity with the policy and principle laid down in the act.similar considerations must prevail in the present case and i see no justification for striking down section 3(1) of the ordinance merely because it giants, wide discretionary powers to the central government.9. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All258; 1956CriLJ579
..... . hassan', air 1954 nag 71 (g) at page 76; it was observed that the least attribute of a tribunal which would make it a court within the meaning of the contempt of courts act is that it is legally authorised to deal with any particular matter judicially and accordingly it was held that the commission of inquiry appointed under the commissions of inquiry act, 1952 and presided over by a ..... amounted to his contempt, it is not a contempt of court.though he was additional -district magistrate and would have been a 'court' if he had been exercising the powers of additional district magistrate he was a mere persona designate when hearing the appeals under section 160, municipalities act and not exercising his powers as additional district magistrate.every person has more than one status; he has the status of an individual or a human being; in addition he has the status derived from ..... which are ex-pressed to be exercised by a district magistrate.if a power, of a district magistrate under the code of criminal procedure can be exercised by an additional district magistrate by virtue of section 10(2), i see no reason why the power of a district magistrate under section 3, control of bent and eviction act or under section 160, municipalities act cannot be exercised by an additional district magistrate, when section 10(2) of the code makes no distinction between the powers exercisable by a district magistrate under the code of criminal procedure and those exercisable by him under any other .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ1520
..... (2) this section applies to -(a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952 (46 of 1952);(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. ..... pardon is tendered to an accused on the condition of his making full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other persons concerned, whether as principal or abettor in the commission thereof, he shall be discharged, if the case has not been committed and charges have not been framed and if charges framed, his prosecution shall not proceed.13. ..... judicial magistrate or a metropolitan magistrate at any stage of the investigation or inquiry into, or the trial of, the offence and the magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. ..... it is true that the words 'immunity from prosecution' have been used, but the phrase does not mean anything more than the power to withdraw from prosecution. ..... power to direct tender of pardon. .....
Tag this Judgment!Court : Allahabad
Reported in : 1986CriLJ1582
..... answer to the question whether or not the commissioner dealing with an appeal under section 18, arms act, had jurisdiction to remand the case for fresh inquiry and determination would depend upon the amplitude of the appellate power conferred upon him by the section either specifically or by necessary implication. ..... kerala high court had an occasion to consider the question whether the state transport appellate tribunal could, while dealing with an appeal under section 64 motor vehicles act, 1939, order and remand the case for fresh disposal to the regional transport authority, and observed thus : --section 64, motor vehicles act, 1939, only says that the persons specified therein may, within the prescribed time and in the prescribed manner, appeal to the prescribed ..... in that case while considering the question whether a court hearing an appeal under section 476-b against the action of the original court in lodging the complaint regarding commission of offences of the nature referred to in section 195(1), clause (b) or (c) in relation to a proceeding in that court, it had any inherent jurisdiction to remand the case for further inquiry, sulaiman, j. ..... district board, shahjahanpur, : [1952]1scr1122 and urged that as the commissioner heating the appeal under section 18, arms act, is not a court and has merely been authorised to act within the ambit and scope of the powers conferred upon him under the arms act, no question of exercising any inherent powers by him arises. .....
Tag this Judgment!Court : Allahabad
Reported in : 1991CriLJ2964
..... the state government, under the criminal law (amendment) act, 1952 (hereinafter referred to as 'the 1952 act) was conferred the power for appointing special judge, as may be necessary, for such area or areas, as may be specified, for trying the offences punishable under sections 161, 162, 163, 164, 165a, ipc and under section 5 of the 1947 act, and any conspiracy to commit or any attempt to commit or any ..... :(1) no court shall take cognizance of an offence punishable under section 161, or section 164, or section 165 of the indian penal code, or under sub-section (2) or subsection (3-a) of section 5 of the act, alleged to have been committed by a public servant, except ..... the special judge, appointed under section 6 of the 1952 act, is conferred with exclusive powers in respect of the offences mentioned above and also for trying any offences other than the offences mentioned above with ..... antulay, air 1984 sc 684 : (1984 cri lj 613) where the supreme court, in paragraph 23, held --'the expression 'office' in the three sub-clauses of section 6 would clearly denote that the office which the public servant mis-used or abused for corrupt motive for which he is to be prosecuted and in respect of which a sanction to ..... the petitioner, at the time of the commission of the alleged offence or misconduct, was holding the post of naib tehsildar, but, at the time ..... (2) the district officer may suspend a naib tehsildar pending inquiry into any instance of official misconduct or pending the receipt of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... offender, or(ii) a person who habitually manufactures, imports or bells any intoxicant in contravention of the provisions of the united provinces excise act, 1910, or(iii) a keeper of gambling den, or(iv) a person who has committed or is about to commit a non-bailable offence contained in chap, xvi or xvii, penal code or(b) that he is a person who habitually commits or attempts to commit or abets the commission of offences involving a breach of the peace or(c) that he is a person who is so dangerous as to render his being ..... require things which are different in fact or opinion to be treated in law as though they were the game',' the amendment, broad & comprehensive as it is, was not 'designed to interfere with the power of the state, sometimes termed its 'police power', to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to add to its wealth & prosperity. , . . . ..... so dangerous as to render their being at large without security hazardous to the community, or who habitually commit or attempt to commit or abet the commission of offences involving a breach of the peace, can be proceeded against under section 110 of the code or under section 3 of the act. ..... if upon the conclusion of the inquiry he is satisfied that no action under section 3 should be taken, he is to quash the proceedings, & if he is of the opinion that action should be taken, he is to 'pass an order stating the nature of ..... in force up to 31-12-1952. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All735; 114Ind.Cas.727
..... the varying periods in which they would be sent downand a little further on his lordship added that persons in the position of the defendantsshould use every precaution by the exercise either of their powers created by the act of parliament itself or of their common law powers to prevent damage and injury being done to others through whose properties the work or operations are to be carried on, and to avoid subjecting them to consequences which they were not bound to ..... however, one important consideration there which does not appear from the head-note in the printed report and that was that the defendants were not invested by the act with any power for draining or for maintaining the flow of water except for the purpose of navigation. ..... substantial damage not falling under any of the above clauses (a)(b)(c) or (d) and caused by the exercise of the powers conferred by this act, which is incapable of being ascertained and estimated at the time of awarding such compensation.6. ..... such powers are to be found in part 3 of the act, section 14 ..... 629, the defendants were empowered by an act of parliament to render navigable a certain river, and in the exercise of their power under the act they erected staunchness in the river, and the result of these combined with the natural growth of weeds in the river and the accumulation of silt against the staunches was that the ..... which is said to bar the jurisdiction of the civil court is section 8 of the same act, the relevant part of which is as follows:8. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC995
..... therefore, when section 4 (c) of the act gave the commission the power of receiving evidence on ..... gulam mohammad and another, air 1967 sc 122, considering similar provisions relating to receiving of evidence on affidavit in jammu and kashmir commission of inquiry act, held that no person has right to cross-examine the deponent of an affidavit as a general rule. ..... rule 22 of the rules framed under the act provides that the district magistrate, the prescribed authority or the appellate or revising authority shall, for purposes of holding any inquiry or hearing any appeal or revisionunder the act, shall have the same powers as are vested in the civil court, 1908 when trying a suit, in respect of the matters enumerated ..... ' the court interpreting section 4 (c) held as under : 'if section 4 (c) conferred a right to cross-examine every one who swore an affidavit as to the facts involved in the inquiry, then section 10 (2) would become ..... section 34 provides the procedure to be followed by the authority under the act for the purposes of holding any inquiry, hearing any appeal or revision under the act ..... district magistrate, the prescribed authority or any (appellate or revising authority) shall for the purposes of holding any inquiry or hearing (any appeal or revision) under this act have the same powers as are vested in the civil court under the code of civil procedure, 1908 (act no. ..... even in disciplinary inquiries in exceptional cases oral evidence may not be insisted upon as held in hira nath .....
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