Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 section 7 commission to cease to exist when so notified Page 3 of about 1,080 results (0.193 seconds)

Sri M. Narayan Reddy. Vs. the Govt. of India, and ors.

Court : Andhra Pradesh

..... the statement of objects and reasons for this amendment of 1989, reads as under: statement of objects and reasons sub-section (4) of section 3 of the commissions of inquiry act, 1952, casts an obligation on the appropriate government to lay the report of the commission of inquiry appointed under sub-section (1) thereof before the house of the people or, as the case may be, the legislative assembly concerned, together with a memorandum of action taken thereon, within a period of six months of the submission of ..... general submitted that it is only a consultative committee, and not a commission, constituted under the commissions of inquiry act, 1952 (for short 'the 1952 act'). ..... from this it is clear that, notwithstanding the restrictions felt upon the jurisdiction of the high court to issue a wirt of mandamus for enforcement of legal or statutory rights, the concept of existence of a duty to act upon the authority and failure to discharge such duty is not relevant, when it comes to the question of enforcement of fundamental right, or where a citizen complains of violation of principles of natural justice, or if the proceedings are wholly without jurisdiction, or where the vires of an enactment ..... india and others10: "if ever there was a self-operating market of ideas, as justice holmes assumed, it has long since ceased to exist with the concentration of mass media in few hands. ..... notification was issued for constitution of the committee and notifying the terms of reference on 04-05-2010. .....

P. Janardhan Reddy Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2003(2)ALD170; 2003(2)ALT579

..... when these writ petitions came up for hearing the state government expressed its willingness to appoint a sitting judge of the high court as commission of inquiry, under section 3 of commissions of inquiry act, 1952 which resulted in disposal of thewrit petitions on 29-1-1997 ..... commission to cease to exist when so notified :--(1) the appropriate government may, by notification in the official gazette, declare that-- (a) a commission (other than a commission appointed in pursuance of a resolution passed by each house of parliament or, as the case may be, the legislature of the state, shall cease to exist, if it is of opinion that the continued existence of the commission is unnecessary;(b) a commission appointed in pursuance of a resolution passed by each house of parliament or, as the case may be, the legislature of the state, shall cease to exist, if a resolution for the discontinuance of the commission is passed by eachhouse of parliament or, as the case may be, the ..... had been appointed had expired on 1-12-1999 subsequent thereto there had been no extension and the government in exercise of its power under section 7 of the act can issue a notice thereby informing that the commission had ceased to exist from the date up to which the commission had been appointed. ..... government can also pass an order notifying that the commission has ceased to exist which had been passed on the resolution of a legislature, on a resolution by the legislature for discontinuance of the commission. .....

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. ..... the said section reads as follows:'commission to cease to exist when so notified. ..... . the power to discontinue the existence of the commission when it becomes unnecessary can be exercised by issue of a notification in accordance with section 7 of the commissions of inquiry act which results in rescinding the notification issued under section 3 constituting the commission ..... it has also been argued that even assuming that the government have got power to resume the commission under section 21 of the general clauses act, the said clause can be invoked during the existence of the commission but not when the commission ceased to exist, by virtue of the orders of the government. ..... it has also been further argued that the commission ceases to exist when the commission made its report; secondly, when a vacancy arises by virtue of the member vacating the said office of the commission. ..... section 7 of the act deals with the functioning of the commission as 'ceased to exist' when so notified by the appropriate government. .....

Nadendla Bhaskara Rao Vs. Government of Andhra Pradesh, Hyderabad and ...

Court : Andhra Pradesh

Reported in : AIR1989AP186

..... on 9-11-84, a commission of inquiry was constituted under section 3(1) of the commissions of inquiry act, 1952 (hereinafter referred to as 'the inquiry act, 1952') to inquire into specific matters, the decisions concerning which were allegedly taken by the petitioner by improper or corrupt motive or with the intention of securing gain for himself. ..... 2 was asked to state why the commission of inquiry itself was cancelled when it is possible to appoint some other judge if justice ayyar was unwilling to accept the appointment. ..... it is convenient from all points of view that a commission of inquiry, when it is appointed, is empowered to go into all allegations against an individual instead of breaking up the allegations into different classes and appointing different commissions of inquiry. ..... i shall first deal with the contention that in appointing the menon commission the second respondent acted mala fide and that the real purpose of appointing the commission was to bring down the image of the petitioner in the public esteem and to wreak vengeance on account of the bitter political rivalry existing between the petitioner and the second respondent. ..... 2, learned counsel for the petitioner states that the legal implications were correctlyunderstood in that when the agarwal commission was already appointed to inquire into matters relating to n. ..... the inquiry relates to the period commencing from 1-11-1956 when the state of andhra pradesh came into existence. 14. .....

P. Janardhana Reddy Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2631; JT2001(5)SC416; 2001(4)SCALE327; (2001)6SCC50; [2001]3SCR969

..... it has transpired that the government has been ready and willing for the appointment of a sitting judge of the high court as a commission of inquiry under section 3 of the commissions of inquiry act, 1952. ..... course of investigation and/or statements recorded in course of the investigation of the cases shall be made available to the commission appointed for the purpose of enquiry into the matter.since a sitting judge of this court is proposed to be appointed as the commission of inquiry, it is felt that except notifying the appointment of the secretary and other staff of the commission of inquiry, from amongst members of the registry of the high court and/or the courts in the state including subordinate staff, ..... all persons, who are in the know of/or informed about any thing concerning the subject of enquiry shall be directed to appear and make themselves available for evidence, as and when required and/or for consultations as and when required by the commission.learned additional advocate - general has informed the court that necessary notification in this behalf shall issue without delay.the registrar (general) is, however, required to make immediate communication ..... this court upheld the decision of the high court quashing the same as there was no relevant material before the appropriate government for enlarging the scope of existing enquiry which was set up only to comply with the directions contained in the operative part of the judgment of the high court in the churhat lottery .....

Swami Ramdev vs.juggernaut Books Pvt Ltd & Ors

Court : Delhi

..... inquiry and another1989 1scc494 a three-judge bench, while dealing with the petition for quashing of the the petitioner therein, referred the commissions of inquiry act, 1952 and opined that the importance has been attached with inquiry report against to section 8-b of cm(m) 556/2018 & 557/2018 page 160 of 211 regard to the matter of safeguarding the reputation of a person being prejudicially affected in clause (b) of section 8-b of the commissions of inquiry ..... and purchase of the book and even thereafter which book appears to have been read by some of other authors other than the author of the book even when the ban was in existence, itself indicates the statements of readers to the effect that the contents of the book as per a review on the internet goes to the extent ..... held elsewhere hereinabove in relation to the disappearance of shankar dev ji and the murder of the swami yogananda, no material evidence is indicated to have been collected or is stated to be an existence against the petitioner by acceptance of the closure report in relation to swami shanker dev ji and the untrace report in relation to swami s yogananda murder as has already been held elsewhere ..... being in exercise or otherwise of jurisdiction vested in the court which ought to be exercised when such jurisdiction exists and circumstances so warrant, that the contentions raised on behalf of either side, shall ..... when there is an abridgement and the reasonable restrictions imposed so that both right .....

Allen Berry and Co. Private Ltd. and anr. Vs. Vivian Bose and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H86

..... (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. ..... 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'. ..... the statute says that you must imagine a certain state of affairs; it does not say that having done, so, you must cause or permit your imaginations to boggle when it comes to the inevitable corollaries of that state of affairs'.the learned solicitor general points put that the purpose for which the deeming provision was inserted in sub-section(4) of s.5 is contained in what follows the words creating the level fiction. ..... there the electricity commissions, a body established under the electricity (supply) act, 1919, were empowered to constitute provisionally separate electricity districts and in certain events to formulate schemes for effecting improvements in the existing organisation for the supply of electricity and were directed to hold local inquiries upon the schemes.the commissioners constituted an electricity district and formulated a scheme providing for the incorporation of a joint electricity authority. ..... 37 of the income-tax act in which similar provisions existed as are to be found in s. .....

Andaleeb Sehgal Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 130(2006)DLT748

..... (ii) if the government decides to institute a commission of inquiry under section 3 of the commission of inquiry act, 1952, the commission is under section 8b of the said act duty bound to afford to any person whose conduct it may inquire into or whose reputation is likely to be affected prejudicially, an opportunity of being heard in the matter and to produce evidence in his defense. ..... should resort to section 11 of the commission of inquiry act, 1952, necessarily result in the application of sections 8b and 8c of the said act to the proceedings before the inquiry authority/commission? ..... section 11 of the commission of inquiry act, 1952 is in this regard clear ..... we may briefly enumerate some of these aspects at this stage:(i) the power of the government to institute a commission of inquiry under the commission of inquiry act, 1952 or to invoke its executive power for doing so is not regulated by any statutory provisions nor does the act provide any guidelines for the exercise of the discretion vested in the government. ..... in our view, even when the field is covered by the provisions of a validly enacted law, the statute itself leaves it open to the government to appoint an authority by whatever name called, for the purpose of making an inquiry into any definite matter of public importance. ..... should the right to address the commission, cross-examine witnesses and engage a lawyer be deemed to be implicit in any enquiry proceedings, especially when such enquiry is quasi judicial in nature? .....

NithIn Norbert and ors. Vs. the University of Kerala and ors.

Court : Kerala

Reported in : AIR2009Ker60; 2008(3)KLJ843

..... which a formal and public inquiry has been ordered with the prior concurrence of the lok ayukta or an upa-lok ayukta, as the case may be;(b) any action in respect of matter which has been referred to inquiry under the commissions of inquiry act, 1952 (central act 60 of 1952). ..... of a local authority in the state 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 (central act 1 of 1956) and such other corporations or boards, as the government may, having regard to its financial interest, in such corporations or boards by notification, from time to time, specify;(vi) a member ..... a subsidiary of such company;(d) a society registered or deemed to have been registered under the travancore-cochin literary, scientific and charitable societies registration act, 1956 (xii of 1955) or the societies registration act, 1860 (central act 21 of 1860), which is subject to the control of the government of kerala and which is notified, in this behalf, in the gazette;(e) a co-operative society;(f) a university;11. ..... when a subordinate court is found to have acted (i) without jurisdiction- by assuming jurisdiction where there exists none, or (ii) in excess of its jurisdiction-by overstepping or crossing the limits of jurisdiction, or (iii) acting in flagrant disregard of law or the rules or procedure or acting in violation of principles of .....

Consumer Education and Research Centre and ors. Vs. State of Gujarat a ...

Court : Gujarat

Reported in : (1981)22GLR712

..... whereas, the government of gujarat is of opinion that the continued existence of the commission is unnecessary.now, therefore, in exercise of the powers conferred by clause (a) of sub-section (1) of section 7 of the commissions of inquiry act, 1952 (60 of 1952) and by clause (a) of rule 6a of the gujarat commissions of inquiry (procedure) rules, 1969 and all other powers enabling it in that behalf, the government of gujarat hereby-(a)declares that the said commission of inquiry shall cease to exist from 17th march, 1981: and(b)terminates the appointment of assessors for ..... when we dealt with the interpretation of section 7(1)(a) in the light of the provisions of section 3(1) of the act, that if it is necessary to continue the inquiry which has been entrusted to the commission of inquiry appointed under section 3(1), it cannot be said as a matter of law that the continued existence of the commission ..... even in a presidential form of democracy, the political set-up which was in existence at the time when the commission of inquiry is set up may change and a different political party or a different political set ..... consideration, what is meant is that the design for the dam that has to replace the dam that burst should be taken up in hand, so that the benefit of machhu -2 dam would, when newly constructed, be made available to morvi town and malia and other villages down-stream for drinking water and to the land in the command area of machhu-2 dam for irrigation purpose be made available .....