Court : Mumbai
Reported in : 1998CriLJ4496
..... [1959]1scr279 , the constitution bench was called upon to consider the validity of some of the provisions of commissions of inquiry act, 1952 and it was alleged that the notification issued under section 3 was ultra vires the provisions of article 14 of the constitution. ..... however, it is well settled that this power under section 401 is not to be exercised merely for the purpose of reappreciating the evidence on record because the high court is likely to come to a conclusion different from the one arrived at by the two ..... it is also true that under section 386 of the code of criminal procedure while dealing with an appeal from conviction, the appellate court has a power to reverse the findings and sentence and acquit or discharge the accused or order the accused to be retried by the court of competent jurisdiction or, alter the findings, maintaining the sentence or, with or without altering the ..... that section 401 of code of criminal procedure dealing with the powers of the high court in a revision states that the high court may, in its discretion, exercise any of the powers conferred on a court of appeal by sub-section 386, 389, 390 and 391 or on a court of session by section 307. ..... , for the state, reminded us of the limitations on the powers of this court to reappreciate the evidence in a criminal revision against the concurrent ..... bearing in mind the above limitation on our powers as a court of revision, we find no illegality or perversity in either the approach or findings of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H27; (1960)ILLJ640P& H
..... 538(a), in which all the principles that have been settled up-till now with regard to the applicability of article 14 have been fully summarised, in that case the validity of the commissions of inquiry act, 1952, was impugned and while examining the same the following five classes were indicated into which a statute may be placed, when its validity under article 14 of the constitution is to be ..... because the clause places an unreasonable restriction upon the carrying on of trade or business and is thus an infringement of the respondent's right under article 19, (1) (f) of the constitution: (ii) because the clause by vesting the power, in the authority to acquire the stocks at any price fails to fix the amount of compensation or specify the principles on which it is to be determined and leaves it entirely to the discretion of the executive authority ..... section (2) of section 5 by which retrospective operation can be given to a scheme and that the power of delegation under section 19 is altogether unfettered, and any officer or authority can be empowered to exercise the powers given under the act ..... validity of section 5 of the act the provisions of section 19 have also to be considered which give uncontrolled discretion to the government to delegate its powers to any ..... section 3 of the punjab special powers (press) act, 1956 was ultra vires and one of the factors which weighed with their lordships was that no time had been indicated for the operation of the order in the aforesaid section .....
Tag this Judgment!Court : Mumbai
Reported in : II(1998)DMC569
..... 1scr279 , the constitution bench was called upon to consider the validity of some of the provisions of commissions of inquiry act, 1952 and it was alleged that the notification issued under section 3 was ultra virus the provisions of article 14 of the constitution. ..... that section 401 of code of criminal procedure dealing with the powers of the high court in a revision states that the high court may, in its discretion, exercise any of the powers conferred on a court of appeal by sections 386, 389, 390 and 391 or on a court of session by section 307. ..... however, it is well settled that this power under section 401 is not to be exercised merely for the purpose of re-appreciating the evidence on record because the high court is likely to come to a conclusion different from the one arrived at by the ..... it is also true that under section 386 of the code of criminal procedure while dealing with an appeal from conviction, the appellate court has a power to reverse the findings and sentence and acquit or discharge the accused or order the accused to be re-tried by the court of competent jurisdiction or, alter the findings, maintaining the sentence or, with or without altering ..... thakur, the learned app for the state, reminded us of the limitations on the powers of this court to re-appreciate the evidence in a criminal revision against the concurrent ..... bearing in mind the above limitation on our powers as a court of revision, we find no illegality on perversity in either the approach or findings of .....
Tag this Judgment!Court : Delhi
Reported in : 49(1993)DLT292; 1993(25)DRJ104
..... , 1985 the government of india issued a notification under section 3 of the commissions of inquiry act, 1952 (hereinafter referred to as the said act) appointing mr. ..... commissions of inquiry act was enacted so as to provide for the appointment of commissions of inquiry and for vesting such powers to the commissions ..... his executive powers and an inquiry committee could only be appointed under the commissions of inquiry act, 1952. ..... section ii of the said act gives legislative recognition to the existence of authorities which have been constituted to make inquiries into definite matters of public importance by administrative powers and were not governed by the provisions of the act ..... long as the state government docs not go against the provisions of the constitution or any law, the width and amplitude of its executive power cannot be circumscribed' the two observations of the supreme court taken together would mean that the executive powers of the government are co-extensive with its legislative powers but once a law has been enacted no executive power can be exercised which is in any way in conflict with or in violation of the law. ..... that even if it is assumed that the impugned inquiry committee is only an administrative fact finding committee nevertheless a part of the terms of reference which is 'to recommend action to be taken against the delinquent officers' is without jurisdiction and a nullity and consequently the committee had no power to recommend any action to be taken against the .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT448; 2002(64)DRJ1
..... the central government under the commission of inquiry act, 1952, hereinafter referred to as the act, issued a notification dated 24.3.2001, ..... , the commissioner, by virtue of section 8 of the act, commission has the power to regulate its own procedure. ..... reported at : 1989crilj1 , wherein the constitution bench of the supreme court observed as under:-'the commission under the act is given the power to regulate its own procedure and also to decide whether to sit in camera or in public ..... counsel urged that the commission under the act is given the power to regulate its own ..... the commission also noted that replies received to notices under rule 5(2)(a) and notice under section 8-b, would be considered as their respective examination-in-chief and the witnesses mentioned above would straightaway be cross-examined in that order unless request to the contrary is made to the commission by any of the notices, which may be considered by the commission on a case ..... a retired judge of the supreme court of india, in exercise of powers under section 3 of the act to go into the allegations made in the video tapes shown in ..... not only that calling upon a person governed by section 8-b to produce evidence in his defense at the very inception of the inquiry is a contradiction in terms inasmuch as in this situation such a person would really be required to disprove statements prejudicial to him of such witnesses, who are yet to be examined, it would also reduce the right of cross-examination by such person .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H86
..... 5 of the commissions of inquiry act, 1952, is to be inferred from the words that follows the expression 'the commission shall be deemed to be a civil court'. ..... (2) by means of a notification dated 11th december, 1956 the central government in exercise of the powers conferred under the act appointed a commission of inquiry (hereinafter called the commission) to enquire into the affairs of the petitioners and various other person and companies mentioned in the said notification for the purposes specified therein.on the 9th january 1957 another notification was issued providing that all the provisions of sub sections (2), (3), (4) and (5) of s. ..... (1) this petition under articles 226 and 227 of the constitution is directed against two orders made on 7th april 1959 and 8th april 1959 by the commission of inquiry appointed under the commissions of inquiry act, 1952 (to be referred to as the act), the petitioners being messrs. ..... manchester legal aid committee, 1952-1 all er 480, to show that it is not necessary that only those bodies or tribunals whose decisions or orders are in enforceable proprio vigore fall within the category of quasi judicial tribunals. ..... finsbury borough council, (1952) ac 109, which were to the following effect:'if you are bidden to treat an imaginary state of affairs as real you must surely, unless prohibited from doing so; also imagine as real the consequences and incidents which if the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... as has been pointed out there, the commission of inquiry act, 1952, the validity of which was challenged on the ground of unguided powers to, institute inquiries, was not violative of article 14 because the long title and section 3 of the act had contained sufficient guidelines for exercise of the power. ..... it must further be remembered that in this case, the contention was that although the appropriate government was given power to appoint commission of inquiry into any definite matter of public importance, the delegation of power was excessive since it was left to the government to decide for itself in each case what constituted such matter. ..... section 3 has stated that the appropriate government can appoint a commission of inquiry only for the purpose of making inquiry into any definite matter of public importance. ..... : [1959]1scr279 the constitutionality of the commission of enquiry act, 1952 was challenged. ..... 4) for their alleged inefficiency, by exercising the power of regulation 9(b) of delhi road transport authority (conditions of appointment and services) regulation, 1952 (for short 'the regulation') framed under section 5 3 of the delhi road transport act, 1950 read with delhi transport (amendment) act, 1971 (for short 'the act'). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP62
..... & pr department, filmnagar co-operative housing society limited and film development corporation) notice (under section 8-b of the commissions of inquiry act, 1952) to sri k. ..... he submits that under the commission of inquiry act the power to appoint is vested with the government and it is for the state government to decide whom to appoint to head the commission. ..... the larger interests of the community require that such matters should be inquired into by high-powered commissions consisting of persons, whose findings can command the confidence of the people. ..... after considering the provisions of the act, the supreme court summarised the scheme as follows (at page 137): 'it is clear from these provisions and the general scheme of the 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. ..... there is no lis before the commission and it has no power to adjudicate or pronounce a binding judgment or recommend punishment for past wrongs and its findings are not binding on anybody and cannot be enforced proprio vigore. ..... the commission is not having any power to enforce the enquiry report nor could the. ..... in the state of andhra pradesh, after the state-re-organisation, the congress party was in power till december, 1982 when a new regional parly, called 'telugu desam party'(t.d.p. ..... in the said elections the telugu desam party was voted to power and again the 2nd respondent became the chief minister. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1980)2SCC665; 1980Supp(1)SCC249
..... , important fundamental rights of the people were suspended, strict censorship was imposed on the press, judicial powers were severely crippled and the parliamentary democratic system was emasculated; (4) and whereas all powers being a trust, and holders of high public or political offices are accountable for the exercise of their powers in all cases where commissions of inquiry appointed under the commissions of inquiry act, 1952 or investigations conducted by government through its agencies disclose offences committed by such holders; (5) and whereas ..... thirdly, clause (4) of the preamble clearly lays down that the power under section 5 is exercisable only after the commission of an offence by the holder of a high public or political office has been disclosed as a result of an inquiry conducted under the commissions of inquiry act or of an investigation conducted by the government through its agencies. ..... in the first place, he submitted that section 5(1) of the act has no application to the facts of the present case because under section 5(1) a declaration has to be made on the basis of the sources indicated in the section, namely, inquiries conducted under the commissions of inquiry act or investigations which become otiose and would have relevance only if his client had not been convicted. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal14
..... data supplied by some daily newspapers have been found to be insufficient or inadequate; and whereas a large number of daily newspapers have still not furnished any information or data; and whereas haying regard to the nature of the inquiry and the circumstances of the case, the central government is of opinion that all the provisions of the commissions of inquiry act, 1952 (60 of 1952) other than the provisions of sub-section (1) of section 5 thereof should be made applicable to the said fact finding committee; now. ..... in this letter, it has been pointed out that the committee has been conferred with powers of a commission of inquiry including those under sections 5(2) and 5(4) of the act. ..... in my opinion, in considering the question of delay, the date on which the committee was conferred with the powers of the commission of inquiry should be taken to be the starting point and not the date on which the committee was appointed by the government not under the provisions of the act. ..... counsel for the petitioners submits that so long the com-mittee was not conferred with the powers under the act, or in other words, so long the committee was not given the status of a commission of inquiry under section 11 of the act, the petitioners had no locus standi to move this court. .....
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