Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 4 powers of commission Page 9 of about 5,508 results (0.194 seconds)

The Statesman Ltd. and ors. Vs. the Fact Finding Committee and ors.

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. .....

i.V. Saibaba Reddy Vs. Revenue Divisional Officer and anr.

Court : Andhra Pradesh

Reported in : 2006(4)ALD87; 2006(4)ALT226

..... lentin : [1989]176itr1(sc) , (in relation to section 4 of commissions of inquiry act, 1952), laid down as under:interestingly, herein, in clause (8) of article 338, the words used are 'the commission shall... ..... appellate authorities :-(1) a recording authority or an appellate authority or any other officer shall for the purpose of holding any enquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 (central act 5 of 1908) when trying a suit in respect of the following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents; and(c) any ..... on the ground that national commission had no power to issue interim orders, the writ petition was allowed. ..... the powers of a civil court of granting injunctions, temporary or permanent, do not inhere in the commission nor can such a power be inferred or derived from a reading of clause (8) of article 338 of the constitution.7. ..... all the procedural powers of a civil court are given to the commission for the purpose of investigating and inquiring into these matters and that too for that limited purpose only. ..... reliance was placed on clauses (5) and (8) of article 338 of constitution of india in support of the contention that the commission had power to pass such orders. .....

Dr. Subramanian Swamy Vs. Arun Shourie

Court : Supreme Court of India

..... with a question whether a commission of inquiry constituted under section 3 of the 1952 act is a court for the purposes of section 195 (1)(b) of the code ..... 1952 act provides for appointment of commissions of inquiry and for vesting such commissions with certain powers ..... doubt on hegde and the very next day declaring a conclusion; refusing to common witnesses for cross-examination on the pretext that the commission did not have the power to call them this in the face of clear judgments to the contrary; then invoking a section of the indian evidence act which applies to a person making a dying declaration; ignoring the fact that the man who is said to have been benefited has ..... in contempt petition no.11 and 12 of 1990 there is the opinion of the attorney general expressing the view that when a supreme court judge is appointed as a commissioner in a commission of enquiry he does not carry with him all the powers and jurisdiction of the supreme court and the functions discharged by him are statutory functions independent of the jurisdiction vested in the supreme court and, therefore, the alleged contempt of a ..... constituent parts the actor , reus and judex : the actor , who complains of an injury done; the reus or defendant, who is called upon to make satisfaction; and the judex or judicial power, which is to examine the truth of the fact and to determine the law arising upon the fact and if any injury appears to have been done, to ascertain, and by its officers to apply, the remedy.27. .....

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 ..... if any commission of inquiry be relatable to disruption of public order, as is the inquiry at hand, and the same does not require any inquiry into the matter covered by exclusionary part of entry 1, no further restriction can be placed on the power of the state government ..... the meaning and content of items 1 and 2 of list ii and 2a of list 1 are relied on by the union of india and by the bsf to hold the stale government of meghalaya has no power to appoint a commission of inquiry. 27. ..... the contentions raised by the bsf in the two writ petitions is that the state of maghalaya had not the power to appoint a commission to inquire as to the occurrence of april 14 at baghmara because no authority other than union of india can inquire actions of bsf ..... we are considering in the two cases the constitutional power of meghalaya to appoint a commission under the commissions of inquiry act, 1952. ..... i would therefore not accept the contention of the learned additional solicitor general that in the present case the bsf had come in aid of the civil power because of which the subject-matter would be squarely covered by entry 2a of list i and would be beyond the scope of entry 1 of list 11 because of the exclusionary part maintained in this entry. ..... section 4 vests the commission powers like summoning witnesses production of documents receiving affidavit .....

The State of Maharashtra and Others Vs. Yuvraj and Others

Court : Mumbai Aurangabad

..... a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case, (a) commit it for trial (i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively ..... whether pw-1 gulab has disclosed true and correct facts as agreed by him while granting pardon to him, and so far hiscontention that, after commission of offence on 12th march, 2012, he received call to take the patient to mumbai and accordingly he left with his vehicle along with patient to mumbai, and waited there for 2- 3 days and thereafter he ..... in juxtaposition it would be clear that while under section 338 of the old code after commitment is made the court to which the commitment was made could himself tender pardon to an accused or could order the committing magistrate or the district magistrate to tender pardon, but under section 307 of the code of 1973 the court to whom commitment is made, no longer retains the power to order the committing magistrate or the district magistrate ..... by the criminal law amendment act, 1952, old sections 337 to 339 were substituted by sections 306 to 308 of the code of criminal procedure conferring the power to tender pardon only to judicial magistrates .....

Sukhdev Singh Dhindsa and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR257

..... for investigations by an independent agency had political overtones, the government seems to have decided to recommend appointment of a commission of inquiry under the commissions of inquiry act, 1952 (for short, 'the act'). ..... section 3 of the act provides that the appropriate 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 each house of parliament or, as the case may be, by 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 importance and performing such functions and within such time as may be specified in the notification and the commission so appointed shall make an inquiry ..... so far as the tabling of the report of the commission of inquiry in the house is concerned, learned counsel submits that it is of no consequence because sub-section (4) of section 3 is attracted only when a commission is appointed by virtue of a resolution by the house and ..... dated 2.1.2004, the governor of punjab appointed a retired judge of the punjab and haryana high court as a commission of inquiry under section 3 of the act. ..... ordered that the provisions of sub-sections (2), (3), (4) and (5) of section 5 of the act, conferring additional powers to the commission, with regard to summoning of any person; search and seizure of any premises and deeming the commission's proceedings as judicial proceedings, shall apply .....

Sri Hemesha S M Vs. The State Of Karnataka

Court : Karnataka

..... 17. the commissions of inquiry act, 1952 was enacted to provide for the appointment of commissions of inquiry and for vesting such commissions with certain ..... 225. the hon ble suprme court while considering the provisions of section 3(3) and section 8a(2) of the commissions of 255 inquiry act and section 21 of the general clauses act in the case of state of ..... act. admittedly, it is by virtue of section 11 that the commission of inquiry appointed in the present case is deemed to be a commission appointed under section 3 for the purposes of this act because the commission was constituted by a resolution of the government pursuant to the direction of the ..... vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its 168 financial interest in such corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or .....

Sri T N Rangaswamy Vs. The State Of Karnataka

Court : Karnataka

..... 17. the commissions of inquiry act, 1952 was enacted to provide for the appointment of commissions of inquiry and for vesting such commissions with certain ..... 225. the hon ble suprme court while considering the provisions of section 3(3) and section 8a(2) of the commissions of 255 inquiry act and section 21 of the general clauses act in the case of state of ..... act. admittedly, it is by virtue of section 11 that the commission of inquiry appointed in the present case is deemed to be a commission appointed under section 3 for the purposes of this act because the commission was constituted by a resolution of the government pursuant to the direction of the ..... vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its 168 financial interest in such corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or .....

Sri. K C Yathish Kumar Vs. The State Of Karnataka

Court : Karnataka

..... 17. the commissions of inquiry act, 1952 was enacted to provide for the appointment of commissions of inquiry and for vesting such commissions with certain ..... 225. the hon ble suprme court while considering the provisions of section 3(3) and section 8a(2) of the commissions of 255 inquiry act and section 21 of the general clauses act in the case of state of ..... act. admittedly, it is by virtue of section 11 that the commission of inquiry appointed in the present case is deemed to be a commission appointed under section 3 for the purposes of this act because the commission was constituted by a resolution of the government pursuant to the direction of the ..... vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its 168 financial interest in such corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or .....

Chidananda Urs B.g Vs. The State Of Karnataka

Court : Karnataka

..... 17. the commissions of inquiry act, 1952 was enacted to provide for the appointment of commissions of inquiry and for vesting such commissions with certain ..... 225. the hon ble suprme court while considering the provisions of section 3(3) and section 8a(2) of the commissions of 255 inquiry act and section 21 of the general clauses act in the case of state of ..... act. admittedly, it is by virtue of section 11 that the commission of inquiry appointed in the present case is deemed to be a commission appointed under section 3 for the purposes of this act because the commission was constituted by a resolution of the government pursuant to the direction of the ..... vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its 168 financial interest in such corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or .....