Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Court: gujarat Page 17 of about 260 results (0.038 seconds)

Kantilal Damodardas Vs. State of Gujarat

Court : Gujarat

Reported in : AIR1970Guj218; 1970CriLJ1359; (1970)0GLR868

..... signed by the person making it and then it says that any such statement or any part of such statement shall not be used for any purpose save as hereinafter provided at any inquiry or trial in respect of any offence under investigation at the time when such statement was made, and the proviso thereto says that such a statement may be used by the accused with ..... if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872, and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred ..... :- (a) x x x x (b) to the best of his ability to obtain intelligence concerning the commission of cognisable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences: x x x x'this provision sets out ..... if, from information received or otherwise, an officer in charge of a police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a .....

Gujarat State Road Transport Corporation Vs. Firoze M. Mogal and Anoth ...

Court : Gujarat

..... the full bench in the case of dilavarsinh ( supra ) : in dilavarsinh (supra), the full bench answered the question, whether the petitions against an order of the tribunal under the urban land (ceiling and regulation) act, 1976, when purported to be filed under article 226 of the constitution of india in conjunction with article 227 of the constitution of india or otherwise, praying for a writ in the nature of a certiorari, were maintainable ..... it has been laid down in anisminic that a tribunal exceeds jurisdiction not only at the threshold when it enters into an inquiry which it is not entitled to undertake, but it may enter into an enquiry within its jurisdiction in the first instance and then do something which would deprive it of ..... king's precept, in writing under seal, issuing out of some court, to the sheriff, or other person, and commanding something to be done touching a suit or action, or giving commission to have it done (terms de la ley : 1 inst. ..... foreign compensation commission, reported in (1969)2 ac 147, the house of lords has given a very broad ..... commission ..... , 1952-7 dlr (sc) 220 observed : "such writs as are referred to in article 226 are obviously intended to enable the high court to issue them in grave cases, when the subordinate tribunals or bodies or officers act wholly without jurisdiction or in excess of it or in violation of natural justice or refuse to exercise jurisdiction vested in them or there is an error on the face of the record and such act, omission, .....

Gangaram L. Bhanushali and Another Vs. State of Gujarat and Another

Court : Gujarat

..... nor even the investigating agency has bothered to inquire about the tendency of this revision, but, ultimately, by her letter dated 5.6.2013, complainant has applied under the right to information act to know the status of revision and to verify that how much time will it take to re-construct the file and when the same shall be placed on the board of the ..... if we peruse such complaint, it becomes clear that complaint discloses relevant details regarding commission of cognizable offense by the accused persons and also the list of witnesses and material evidence to show that there is commission of criminal trespass by the accused persons, if they are not holding the possession ..... practically, the issue before the supreme court was altogether a different, wherein magistrate has directed the inquiry to be conducted by c.b.i and, therefore, c.b.i has challenged such order contending that magistrate cannot ..... head-notes are supporting such stand of the accused, it becomes clear that practically accused are taking disadvantage of judicial process, procedural law and technicality so as to get rid of inquiry and trial against them for the offence of criminal trespass and grabbing of property of complainant. ..... however, at present, the impugned order is the order dated 7.2.2009 below exh.1 in inquiry case no.149 of 2008 whereby judicial magistrate first class has refused to accept the report dated 3.1.2009, details of which is discussed herein above and directed p.i of gandhidham police station .....

The State of Gujarat Vs. Sama Kasam Sidhik and ors.

Court : Gujarat

Reported in : 1963CriLJ663; (1963)GLR490

..... bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain htm in custody until such bond is executed ..... or, in default of execution until the inquiry is concluded.sub-section (3) of section 117 does not prescribe any procedure to enable the magistrate to pass an urgent order pending the completion of the ..... (3) pending the completion of the inquiry under sub-section (1) the magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a ..... reads as follows: when a magistrate acting under section'107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting .....

Bipinchandra P. Patel Vs. Anand Area Deve Authority

Court : Gujarat

Reported in : (2001)4GLR3265

..... to the ownership of any place of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry in the record of rights or mutation relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the appropriate authority or the town planning officer at any time prior to the date on which the town planning officer draws up the preliminary scheme under section 51 by such officer ..... if a public servant abuses his office either by an act of omission or commission, and the consequences of that is injury to an individual or loss of public property, an action may be maintained against such public ..... therefore, it would be just and proper to direct that the state government shall conduct an inquiry and after giving an opportunity to the officers, shall make an appropriate order for recovery of amount from the erring ..... of difference of price with interest shall be paid after recording a finding by the chief secretary or the officer who is entrusted the inquiry and after the court passes an order on the basis of the report54. ..... the officer concerned shall make a detailed inquiry to find out the role played by shashikant jethabhai patel (respondent no.43), manibhai hathibhai (respondent no.42), navnitbhai harmanbhai as well as jivaben budhabhai (respondent no.40), vinubhai (respondent no.41)and if they are found to have acted in collusion, the state shall take appropriate action against .....

Bharatkumar Gajanand Vyas Vs. Mahatma Gandhi Labour Institute

Court : Gujarat

Reported in : (2002)4GLR2958

..... it is thus settled law that normally when an appointed authority or the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of the evidence placed before the appointing authority and on application of ..... is exonerated, he would be entitled to all his benefits from the date of the order of the suspension, whether the petitioner should or should not continue in his office, on the post of executive engineer, during the period of inquiry is a matter to be assessed by the respondent-corporation and ordinarily, this court should not interfere with the order of suspension unless it is passed mala fide and without there being even prima facie evidence on record connecting ..... to go on a fast at the main gate of the institute on 2nd october, 2000 immediately before the scheduled commencement of the function, which was to be graced by his excellency the governor of gujarat and other dignitaries, is, prima facie, an act prejudicial to the interests of the institute.it is further stated in the affidavit-in-reply that if an employee submits a letter to the employer, seeking redressal of an alleged violation of statutory rights, and if, within 14 days, such a letter is not .....

Kutch Construction Industries and Rehabilitation Federation Vs. State ...

Court : Gujarat

..... registering officer the amount required to make up the proper duty chargeable on the instrument, the registering officer is required to accept the same and to proceed to register the document as provided in section 40 of the stamp act [rule 3(3)]; (d) if the person concerned does not offer the amount required to make up the proper duty on the instrument, the registering officer is required to make reference to the collector under sub-section (1) of ..... made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, an may be acted upon and registered as if it has been originally duly stamped: provided that nothing in this section shall authorize the collector to endorse (a) any instrument executed or first executed in the state and brought to him after the ..... this petition under article 226 of the constitution of india is filed assailing the method and manner in which powers are exercised by the authority under various provisions of bombay stamp act, 1958 (for short act of 1958) and bombay stamp (determination of market value of property) rules, 1984 (for short rules of 1984) and challenges preparation and usage of the final annual statement of rates 2008 (asr ..... 20(a) and (b) are enacted in pursuance of the suggestions made by various committees including the gujarat taxation inquiry commission constituted by the state government in 1978 to review the state taxes. .....

State of Gujarat Thro Addl. Director General Vs. U.D. Khatri

Court : Gujarat

..... the chargesheet and the petitioner state is also not able to assail the conclusion by the learned tribunal that the proceedings are infected by breach of principles of natural justice and fair play and the inquiry officer failed to analyse and appreciate evidence and the petitioner state also could not show anything from material on record that the findings by learned tribunal are incorrect or contrary to record and contrary to ..... documents which is collected in absence of or at the back of delinquent, but are not supplied to the delinquent or the statements which are recorded in absence of the delinquent can not be relied on by the inquiry officer (to reach conclusion and to base his findings) without supplying the said material or documents or statements to the delinquent and without affording opportunity to the delinquent to rebut or explain the said material or documents or ..... 23.1 when such fundamental defects are noticed by the learned tribunal which go to the root of the conduct of the proceeding and evaluation / appreciation of evidence by the inquiry officer and when the learned tribunal also found breach of fair play and principles of natural justice, then in that event, decision of learned tribunal to remand the matter for fresh ..... it appears that in or around may, 1999, in view of reported act of omission and / or commission amounting to misconduct, the respondent was served with a chargesheet alleging, inter alia, that the respondent - employee was responsible for .....

Ramesh P Vaghela Vs. State of Gujarat and Another

Court : Gujarat

..... no.amountdate of judgment(1) 721/995,06,894/6/01/2001(2) 785/982,19,047/6/01/2001(3) 533/992,49,000/6/01/2001(4) 571/001,08,000/19/12/2001(5) 658/995,47,000/6/01/2001 4.12.2 findings of the inquiry officer with regard to the charge 4 are as under: 25.3 at the outset, it may be noted that it is true that the amounts indicated under the charge pertain to amounts awarded ..... vs state of uttar pradesh (2010 (3) glr 2642 (sc)) also, orders made by a judicial officer granting bail were subject matter of a departmental inquiry, wherein the apex court observed that in the present case, though elaborate inquiry has been conducted by the inquiry authority, there is hardly any material worth the name forthcoming except to scrutinize each one of the orders made by the appellant on the judicial ..... it is further found from the record that you had suspended the order of the trial court directing the defendant to maintain status quo by ignoring section 26 of the bombay civil court act, which provides that in all the suits decided by a civil judge of which the amount or value of the subject matter exceeds rs.50,000/-, the appeal from order or decision, shall ..... 201 of 2001 wherein accused persons came to be arrested for commission of offence under section 506 (2) of ipc, which came ..... they cannot be made subject matter of departmental inquiry couching them as acts of misconduct on spacious ground that they were wrongful or against settled legal principles or ..... report of shetty commission, his designation .....

Usmanbhai Chandbhai Mansuri Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2003)3GLR1982

..... he recorded the statement in exercise of his official duty and the presumption would be in favour of the prosecution, under section 114, illustration of the evidence act that the judicial and official acts have been regularly performed, and therefore, the court should not start to appreciate the evidence with presumption that what the officer did, has been done by him giving ..... the important attribute of police power is not only the power to investigate into the commission of cognizable offence but also the power to prosecute the offender by filing a report or a charge-sheet ..... , reported in air 1991 sc 45, wherein it is held that we must, therefore, negative the contention that an officer appointed under section 53 of the act, other than a police officer is entitled to exercise 'all the powers under chapter xii of the code including the powers to submit a report or a charge- ..... by the central government or state government, during the course of enquiry in connection with the contravention of any of the provisions of' the act, can call for information from any person, or require any person to produce or deliver any document or examine any person acquainted with the ..... created to investigate the commission of oftences under the act. ..... an inducement or threat, the appellant therein had no basis tor supposing that by making the statement, he would gain any advantage or avoid any evil to the proceedings in respect of which an inquiry was being conducted by the customs officers. ..... air 1952 sc .....