Court : Orissa
Reported in : AIR1988Ori18
..... some arguments were advanced by virtue of sections 8(b) and 8(c) of the commissions of inquiry act, 1952 which provides that if the commission is of opinion that any person is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence. ..... on by different notification the inquiring authority was conferred with certain specific powers under sections 5(1) and 11 of the commissions of inquiry act, 1952 (act 60 of 1952) (hereinafter called the 'act') by virtue of which the provisions of sections 4, 5, 6, 8, 9, 10 and 10a of the act were made applicable. ..... in the aforesaid decision while considering the effect of a report of a commission set up under section 3 of the commissions of inquiry act, 1952 have clearly explained the effect of such a report. ..... outset, it may be noted that the inquiring authority in this case was not appointed under the provisions of the commissions of inquiry act, 1952. ..... their lordships have, however, observed that it is not necessary to consider whether, had the act conferred on the appropriate government power to set up a commission of inquiry with judicial powers, such law could not, subject, of course, to the other provisions of the constitution, be supported as ..... /- 20-12-84 of the commission of inquiry and for quashing the adverse comments/findings against them in the said report with a further prayer to issue an injunction against opposite .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... going whole hog with shri patnaik, as to whether the presiding officer of a small munsifi in a small hamlet of orissa (say, nowrangpur in the district of koraput) can call upon the all powerful prime minister of india to appoint a commission of inquiry, as visualised by section 3 of the commissions of inquiry act, 1952 (for short, 'the act') (hereinafter referred to as the 'judicial inquiry'), if the small munsiff be of the view that any matter relating to union affair is of such public importance as to warrant the same.3. ..... us whether the reasons are relevant and germane and if it would be found that these are not so, whether this court in exercise of its writ power can direct the government to exercise its power conferred by the commissions of inquiry act to institute ajudicial inquiry into the matter.' 11. ..... no new fact of public importancehas come to light warranting enquiry under the commissions of inquiry act.' 12. ..... all sincerity and emphasis at the command of shri patnaik, according to whom, if the judiciary can order for constituting commission of inquiry under the act in a case of the present nature, even a munsif of a far flung place of the state could call upon even the prime minister of the country to discharge his government's duty to con-sdtutc a commission of inquiry for any other matter of public importance, of which there is no dearth, say, the recent scam and the ayodhya .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori157
..... in the result, the petitions are allowed by directing to issue a writ of mandamus on the state government to appoint a commission of inquiry under the commission of inquiry act, 1952, and to pay compensation to the kith and kin of each of the victims. ..... the occasion to approach this court is non-appointment of a commission of inquiry (colloquially called, 'judicial inquiry 'and it is this expression which we shall use hereinafter) as visualised by the commissions of inquiry act, 1952 (for short, 'the act'). ..... 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, 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 the inquiry and perform the functions accordingly. ..... may we state here that the learned advocate-general had submitted that the act does not prohibit entrustment of inquiry even under the act to an executive officer, as had been done once earlier here, he said, by appointing shri l. i. .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ224; 2003(II)OLR428
..... relying upon section 6 of the commissions of inquiry act, 1952, a petition was filed before the learned sessions judge, khurda at bhubaneswar in s.t. no. ..... the restrictions imposed under section 6 of the commissions of inquiry act stipulating that a statement made by a person before the commission cannot be used either for the purpose of contradiction in cross-examination of the said witness or for the purpose of impeaching his credibility, is aimed to protect the witness and to provide immunity to the said person.9. ..... be that as it may, without entering into the arena of controversy, let me also deal with the present petition on merits.section 6 of the commissions of inquiry act guarantees immunity to a witness. ..... for appreciating the arguments, section 6 of the commissions of inquiry act is quoted herein below :'6. ..... wadhwa under the commissions of inquiry act to inquire and report. ..... statements made by persons to the commission-- no statement made by a person in the course of giving evidence before the commission shall subject him to, or be used against him, in any civil or criminal proceeding except a prosecution for giving false evidence by such statement : provided that the statement--(a) is made in reply to a question which he is required by the commission to answer, or(b) is relevant to the subject matter of the inquiry.' 4. mr. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR891
..... the allegations, the state government is of the opinion that these being definite matters of public importance should be enquired into by a commission of inquiry under the commissions of inquiry act, 1952 (60 of 1952);now, therefore, in exercise of the powers conferred by section 3 read with sub-section (1) of section 5 of the commissions of inquiry act, 1952 (60 of 1952) the state government do hereby appoint a commission of inquiry consisting of justice chira ranjan pal, retired judge of orissa high court, with effect from the 22nd july 2004 to enquire into and ..... from the record, it appears that initially the hon'ble speaker in exercise of powers conferred by section 3 read with sub-section (1) of section 5 of the commission of inquiry act, 1952 (60 of 1952), issued notification appointing a commission of inquiry consisting of justice chira ranjan pal, retired judge of orissa high court to enquire into and report in respect of the matters mentioned therein within 3 months from the date of publication of this ..... under the concurrent list regarding criminal law but the criminal law does not include criminal act and that too in respect of appointment of a commission under the commissions of inquiry act, 1952 for the alleged acts of omissions and commissions within the state assembly secretariat on which no action can be taken by the state government and, as such, section 5(4) of the act cannot be complied with.whether the executive is separate from the state legislature under the .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR133
..... under the provisions of section 3 of the commissions of inquiry act, 1952, the commission of inquiry is appointed 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 ..... the state government decided to appoint a commission under the commissions of inquiry act, 1952 (hereinafter called the 'act, 1952') to enquire into the killing of swami laxmananda saraswati and the consequential communal violence in kandhmal and for that purpose, justice ..... air1983ap69 , after considering the entire law examined the nature of proceedings under the commissions of enquiry act, 1952 and reached the following conclusion:we may now sum up our conclusions:(i) the use of the accolade judicial or quasi-judicial to inquiries under the commissions of inquiry act, strictly speaking, is inappropriate. ..... be that as it may, as we reach an inescapable conclusion that commission of inquiry does not fall within the disability prescribed under section 5(3) of the act, 1995 being not employment, the petition is liable to be dismissed and is accordingly ..... before a commission of inquiry appointed under the act, there is no lis between the parties and no decision prejudicially affecting the rights of parties by the commission, is given. ..... the present case at hand, the appointment of the opposite party as commission of inquiry cannot be termed as 'employment' as referred under the provisions of the act, 1995.35. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... we have noted that a provision of such a nature finds place in section 6 of the commissions of inquiry act, 1952, which has provided : 'no statement made by a person in the course of giving evidence before the commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false ..... rao that this state has a past history of allegations relating to corruption by persons holding high political office, dating back to 1967, as would appear from constitution of enquiries under either the commission of inquiry act, 1952 or dehors it relating to allegations against the erstwhile chief minister dr. ..... read that section:--'5(1) if the state government is of the opinion that there is prima facie evidence of the commission of an offence alleged to have been committed by a person who held high public or political office in the state of orissa and that the said offence ought to be dealt with under the act, the state government shall make a declaration to that effect in every case in which it is of the ..... that as appointment of special judges had also been made for 'more speedy trial' as would appear from the long title of the criminal law amendment act, 1952, whose section 6(l)(a) includes trial of offences under the prevention of corruption act, 1988, has failed to deliver the goods, as would appear from what has been stated in paragraph 5 of the preamble, the act was enacted to try a special class of offenders with 'utmost dispatch'. .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT380; 1999(II)OLR395
..... a commission was set up by the state government to enquire into the matter under the commissions of inquiry act, 1952 (in short, the 'act'). ..... 7702 of 1997 as follows : 'it is not in dispute that scope of enquiry/recommendations ,to be made by the committee appointed by this court is wider in its amplitude than the enquiry required to be done by the commission and in addition to find out factual aspects it in required to suggest as to how in future such controversies/ confrontation can be avoided. ..... the committee while looking into specific aspects which the commission was required to look into by notification shall also look into the aspects as directed in ojc nos. ..... 9367 of 1996, the commission appointed pursuant to the notification of the home (special section) department was directed not to function. ..... in fact by order dated 19.6.1997 further proceedings before the commission were stayed. ..... home (special section) department should forthwith issue a notification about cessation of commission's functions. ..... the commission appointed pursuant to notification of home (special section) department as referred to above need not function. ..... the commission inter alia was required to give findings on the following aspects, as evident from notification (sr.944/ 96) dated 13.12.1996 of the home (special section) department. ..... pasayat, acting c.j.1. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori145
..... tendolkar, air 1958 sc 538, where a provision of the commissions of inquiry act, 1952 had been assailed as it was intended for inquiring into the conducts of one man, their lordships of the supreme court have observed that article 14 does not forbid reasonable classification for the purposes of ..... and disputes by applying a uniform procedure and the said body would consist of people having expertise which is necessary for adjudication of the disputes in question and it was with that object that the arbitration act was amended providing for constitution of a tribunal and reference to the said tribunal of all pending disputes before an arbitrator where the state is a party to the dispute, as well as in respect of all future disputes ..... according to the learned advocate-general, in the present case, the said provision contained in article 254(2) having been complied with, the law made by the orissa legislature in relation to the arbitration act shall apply so far as the state of orissa is concerned.entry 13 of list iii of the seventh schedule is clear and unambiguous and law relating to arbitration is squarely covered by that entry ..... state of punjab, air 1963 sc 222, their lordships of the supreme court were examining the question whether the patiala recovery of state dues act and the rules framed thereunder which were meant for the patiala state bank and were not meant for other banks could be held to be discriminatory and in that connection it was observed :-- '.....thus a .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR177
..... considering the submissions made on behalf of the respective parties, we find the scheme in section 8b of the commission of inquiry act, 1952 (for short, 'the act') indicates, inter alia, that if at any stage of the enquiry the commission (a) considers it necessary to enquire into the conduct of any person; or (b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the enquiry, the commission shall give to that person a reasonable opportunity of being heard in the enquiry and to produce evidence in his defence ..... by considering the scope of sections 8b, 8c and 8 of the commission of inquiry act, it has been found after discussing a catena of decisions of different high courts as well as of the apex court that only when a witness is examined viva voce before the commission, right to cross-examine that witness accrues under sec 8c to the person likely to be prejudicially affected. ..... 4(c), 9 and 10 of the jammu and kashmir commission of inquiry act and also rules 6, 7, 8 and 10 made thereunder as to the right of cross-examination of witnesses giving evidence by affidavit before the commission of inquiry set up under section 3. ..... in construing section 4 (c) of the jammu and kashmir commission of inquiry act, the court held that no right is conferred by the said provision on a person appearing before the commission of inquiry set up under section 3 to cross-examine witnesses giving evidence by affidavits before the commission. .....
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