Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Court: gujarat Page 1 of about 260 results (0.054 seconds)

Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Reported in : (2006)2GLR952

..... - notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 1952 (3 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records of other documents relating to such inquiry shall be forwarded to such authority as may be specified by the central government in this behalf.it is thus obvious that the parent act prohibits the commissioner of railway safety as well as the railway administration from making ..... - notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 1952 (3 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records of other documents relating to such inquiry shall be forwarded to such authority as may be specified by the central government in this behalf.11. .....

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

Court : Gujarat

Reported in : (1981)22GLR712

..... 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 ..... we therefore issue a direction to the state government to issue a fresh notification under section 3 of the commissions of inquiry act, 1952, extending the life of the commission to october 14,1981, so that the full period of 113 days mentioned above is available to the commission to complete its inquiry and to make its report (7 days of june, 31 days of july, 31 days of august, 30 days of september and 14 days ..... machbu-2 dam near morvi town in the morvi taluka of the rajkot district:and whereas, the government of gujarat is of the opinion that it is necessary to appoint a commission of inquiry for the purpose of inquiring into the aforesaid disaster, which is a matter of definite public importance:now, therefore, in exercise of the powers conferred by section 3 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, the government of gujarat hereby-(1) appoints .....

Lok Adhikar Sangh Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1994)1GLR310

..... on these considerations i feel, i best refrain from doing so.12.1 the provisions contained under the commissions of inquiry act, 1952 would also forbid me to exercise the discretionary jurisdiction vested in the court while exercising the ..... this conclusion, the reliance was placed upon the provisions contained in section 3 of the commissions of inquiry act, 1952. ..... it must not be overlooked that the petitioner-sangh has a principal prayer has asked for the appointment of a commission of inquiry and as a second relief prays for the disclosure of the contents of the letters addressed by shri c.d. ..... may if it is of the opinion that it is necessary so do, and shall appoint a commission of inquiry if a resolution in this behalf is passed by the legislature of the state. ..... now remains the question regarding the appointment of the commission of inquiry, as urged by the petitioner-sangh and canvassed by the ..... to be equally true in respect of the other prayer, namely, issuance of a mandamus or the directions for the appointment of a commission of inquiry. ..... general allegations allegedly to be found in the correspondence including the letter of resignation, would rot provide a justifiable cause or reason for the appointment of a commission of inquiry. ..... this statutory position emanating from the provisions contained in section 3 of the act of 1952 speaks in favour of a discretion, either of the state government or of the legislature, expressed, in form of a resolution which ultimately becomes a command .....

Amrish N. Patel, Member, Jan Sangarsh Manch Vs. Commission of Inquiry ...

Court : Gujarat

..... the state government by notification dated 6th march 2002, set up a fact finding commission under the commissions of inquiry act, 1952 ('the act' for short). ..... additions made in the previous notification dated 6th march 2002 were as follows:- now, therefore, in exercise of the powers conferred by section 3 of the commission of inquiry act, 1962 (60 of 1952) the government of gujarat hereby amend the above referred the government notification, legal department no. ..... susheel kumar, air 1983 andhra pradesh 69, wherein a division bench of the andhra pradesh high court examined the scope of the inquiry before the commission under the commission of inquiry act and held that the same is not quasi- judicial in nature. ..... in the case of bakshi gulam mohammad (supra), the apex court was examining various aspects of the scope of inquiry before the commission appointed under the j and k commission of inquiry act which contained similar provisions as in the present act. ..... lentin, air 1988 sc 2267 wherein it was held that the commission appointed under the commission of inquiry act is not a court. ..... state (delhi administration), (1988) 3 scc 609 wherein the apex court made certain observations with respect to the nature of inquiry before the commission appointed under the commission of inquiry act. ..... the respondents in this case have done nothing to obstruct or interfere with the lawful powers of the court by acting bona fide and discharging statutory functions under the commissions of inquiry act. .....

Rajendra Manubhai Patel Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1992Guj10; (1992)1GLR223

..... which had arisen before the supreme court in context of the provisions of the commissions of inquiry act, 1952, again cropped up before the supreme court in karnataka v. ..... of commissions of inquiry act, 1952 and in considering the question of powers flowing from the said two legislative entries, the supreme court observed that the term 'enquiries' as used in item 94 of list i and items 45 of list 111, without any limitations upon their nature or specification of their character or objects, is wide enough to embrace every kind of inquiry, whether a criminal offence by any one is disclosed or not by facts alleged, entry 45 in list iii must include inquiries to ..... the disclosure of information obtained by or furnished to any public servant imposed by the enactment or any rule of law, was not to apply to the disclosure of information for the purpose of any investigation under the act and the public servants are not entitled to claim any privilege in respect of production of documents or the giving of evidence as was available to him under any enactment or any rule of law in a legal proceeding. ..... sale agreement was made on 14th july, 1990, the society was registered on 30th december 1989, the state government granted permission under section 63-c of the bombay tenancy & agricultural lands act and rule 36 of the rules framed there under on 27-12-1989 permission of the charity commissioner was obtained on 5-2-1990 and the sale deed was executed on 15-2-1990 and registered on 16-2-1990. .....

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

Court : Gujarat

Reported in : AIR1981Guj233; (1981)0GLR1103

..... , 1981 we issued an ex parte ad interim mandatory injunction directing the state government to issue a notification under section 3 of the commissions of inquiry act, 1952, extending the life of the commission up to 24th june, 1981, and that notification was accordingly issued on 9th june, 1981. ..... for example, it is urged that though relief had not been asked for in the petition of directing the state government to extend the time for the commission to function by issuing a notification under section 3 of the commissions of inquiry act, we have in our judgment indicated that, according to the supreme court, even on a post-card the court could take cognizance and grant relief once palpable injustice had been pointed out ..... vehement was that the application for amendment of the special civil application having been rejected so far as insertion of the prayer for a writ of mandamus directing the state government to extend the life of the commission, was concerned, the court had not indicated its mind as to what would be ancillary or incidental relief that the court was inclined to grant in respect of the main relief for quashing the notification of ..... in our order of llth june 1981 are very wide and once the existence of those wide powers is recognised, then the form in which the relief has been prayed for or the f act that one or the other of the reliefs has not been prayed for, is totally irrelevant and there is no error apparent on the face of the record of the case on that score. .....

State of Gujarat Vs. Amarsinhbhai Bhailalbhai Chaudhary

Court : Gujarat

Reported in : (2000)1GLR86

..... 8(1) the lokayukta shall not investigate any action,- (a) in respect of which a formal and public inquiry has been ordered under the public servants (inquiries) act, 1850 with his prior concurrence, or (b) in respect of a matter which has been referred for inquiry under the commissions of inquiry act, 1952 on his recommendation or with his prior concurrence or by the state government under the proviso to sub-section (2) of section 7, or (c) in respect of a matter which has been inquired into under the enactments referred to in clauses ..... received the reply dated 09th march, 1999 from the principal secretary to his excellency the governor of gujarat stating that ' the state government had submitted the proposal to entrust the inquiry in the instant case to the lokayukta for approval of his excellency the governor and the same was approved by his excellency the governor of gujarat. ..... governor may, by order in writing and subject to such conditions and limitations as may be specified in the order, require the lokayukta to investigate any action (being action in respect of which a complaint may be made under this act to the lokayukta) and notwithstanding anything contained in this act, the lokayukta shall comply with such order. ..... the order granting permission under section 19(4) of the said act was passed in the relevant file of the government submitted to ..... petitioner appears to have applied for recalling the order under section 19(3) of the act vide application dated 03rd march, 1999. .....

PUCL Gujarat Chapter and Another Vs. Chief Secretary, State of Gujarat ...

Court : Gujarat

..... state of gujarat and others [writ petition (pil) no.172 of 2011], relied upon by us, we specifically recorded in the facts of the said case that by establishment of a commission under the commissions of inquiry act, 1952, the right of no citizen is affected, as pointed out by the decisions of the supreme court quoted in the said judgment. ..... a public interest litigation being writ petition (pil) no.216 of 2012 was filed by the two petitioners, the present petitioner being the petitioner no.2 therein, thereby praying for direction upon the respondent no.1-commission to exercise its power under section 4 of the commission of inquiries act and to direct the state-respondent to protect and preserve all the documents sought by the petitioner no.2 vide applications dated 30th december 2011 and 21st february 2012. ..... that we had not gone into the question whether those documents were really destructed in the year 2010 as claimed in the application or not and whether it is lawfully permissible to destruct such documents after the constitution of an inquiry commission, and that it was for the commission constituted to answer those questions on the basis of evidence that will be adduced before it. .....

H.S. Laskari Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1988Guj101; 1995(76)ELT258(Guj); (1988)1GLR45

..... similarly, judges are at times appointed as one-man commission or otherwise under commissions of inquiry act, 1952, as a fact finding authority, and here also , they cannot claim ..... goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceedings under this act and shall make an application to a magistrate for the purpose of- (a) certifying the correctness of the inventory as prepared; or(b) taking, in the presence of the magistrate, photographs of such goods, and certifying such photographs as true; or(c) allowing to ..... shah, the newly introduced sub-sections (1a) and (1b) of section 110 of the act clearly imposes the duty on the magistrate and that no provision is made for, giving additional remuneration to the magistrate in the whole of the customs act and in that view of the matter the impugned order is patently contrary to law ..... similarly the some other statute like the food adulteration act also prescribes a duty on the magistrates under sub-rule (3) ..... he submits that section 110 of the customs act is amend in the year 1986 and new sub-sections (i a) and (1b) have been introduced and under the newly introduced sub-section (1) of section 110(1b) the proper officer is required to prepare the inventory of ..... 110(1b) of the customs act, and the customs and central excise department, junagadh was ordered to deposit a sum .....

Airport Authority of India Vs. Ushaben Shirishbhai Shah and 6 ors.

Court : Gujarat

Reported in : (2010)1GLR321

order119. the plaintiffs are entitled to recover jointly and severally from the national aviation of company india ltd. ('the airlines' for short) and the airport authority of india compensation of rs. 7,53,000/- (rupees seven lacs fifty three thousand only) with interest at the rate of 9% per annum from the date of filing the suit till the date of deposit/payment. the plaintiffs are also entitled to recover their costs as already determined in the decree of the trial court in one set, as explained in the preceding para.the defendants shall bear their own costs of the suit as well as of these appeals.120. the indian airlines corporation (now the national aviation company of india ltd.) and the airport authority of india are held jointly and severally liable to pay the aforesaid amount of compensation with interest and costs.121. the amount of rs. 2,00,000/- paid by the indian airline corporation to the plaintiffs as well as the amount deposited by the airport authority before the trial court in compliance with the decree of the trial court giving rise to these appeals shall be adjusted against the amount payable under this judgment.122. after adjustment of the aforesaid amounts, the balance amount shall be deposited by the national aviation company of india ltd. (formerly indian airlines corporation) and the airport authority of india ltd. before the city civil court at ahmedabad by 31st december, 2009.123. in the facts and circumstances of the case, the apportionment made by .....