Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Page 8 of about 8,922 results (0.068 seconds)

Kanwar Jagat Singh Vs. Directorate of Enforcement and anr.

Court : Delhi

Reported in : 142(2007)DLT49

..... inquiry authority was established under section 5(2) of the commissions of inquiry act, 1952 ..... has been noted that the grounds forming the basis of the issuance of the show cause notices, including the nature of contravention and copies of all the relied upon documents under the said act and the foreign exchange management (adjudication proceedings and appeal) rules, 2000 (hereinafter referred to as 'the said rules') have already been supplied to the petitioners and receipt thereof has also been acknowledged ..... that for the purposes of adjudicating under section 13 of the said act as to whether any person has committed any contravention as specified in that section, the adjudicating authority shall, issue a notice to such person requiring him to show cause within such period as may be specified in the notice (a period not less than 10 days from the date of service thereof) why an inquiry should not be held against him. ..... section 16(3) of the said act provides that no adjudicating authority shall hold an inquiry under sub-section (1) except upon a complaint in writing made by any officer authorised by a general or special order by the ..... the adjudicating authority is required to give an opportunity to such person to produce such documents or evidence as he may consider relevant to the inquiry and, if necessary, the hearing may be adjourned to future date and in taking such evidence the adjudicating authority shall not be bound to observe the provisions of the indian evidence act, 1872. .....

Rajendran Vs. Home Secretary

Court : Kerala

Reported in : AIR1983Ker59

..... 3 and 11 of the commissions of inquiry act, 1952 (central) into the allegations levelled against respondents ..... 3(1) of the act reads as follows :--'appointment of commission: (1) 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 the house of the people or, as the case may be, the legislative assembly 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. ..... issue a writ in the nature of mandamus or any appropriate writ to direct the 1st, and 2nd respondents (the home secretary, government of india, new delhi, and the chief secretary, government of kerala, trivandrum) for appointing a commission of inquiry as contemplated under ss. .....

K. Krishna Warrier Vs. T.R. Velunny

Court : Kerala

Reported in : AIR1960Ker350

..... velunni, district magistrate at trichur at the relevant time, who was also the commissioner of inquiry under the commissions of inquiry act, 1952, referred to hereafter as the act, was competent to prefer the complaint and secondly, whether under the proviso (aa) to section 200, crl. p. c. ..... he relied on sections 3 and 10 of the act, the material parts of which are as follows :section 4(1) ''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 the house of the people or as the case may he, legislative assembly 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'.section 10. .....

S. Balasubramanian Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : AIR1995Mad329

..... union of india), the challenge was to the notification issued under the commissions of inquiry act, 1952 issued by the central government, facilitating an enquiry under the said act into the correctness of theallegations against the chief minister of the state and other specified individuals ..... counsel for the petitioner the liability was found to be that of the administrators due to their recklessness or unlawful activities, and therefore the executive limb of the state was saddled with the liability for the lapse or act of commission and omission of its officers and therefore this is not a case where any one or more than one individual could be accused of or made answerable to the resolution passed by an erstwhile house, with totally different composition ..... concerned they shall, until defined by the legislature concerned by law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to the one in question are not to be construed to mean breach of privilege of the house or its members. ..... in air 1952 madras 117 (in re: anandan), a division bench of this court had an occasion to construe the scope and extent of privileges of a member of the house who has been detained under the maintenance of public order act, in a writ filed under article 226 of the constitution of india .....

Kashi Nath Choudhary Vs. the State of Bihar and ors.

Court : Patna

..... there was a great public hue and cry and the kerala government appointed the district and sessions judge, thalassery as single member commission of injury under section 3(1) of the commissions of inquiry act, 1952-(a) to enquire into the circumstances of firing. ..... the apex court, thus held that 'the earliest/first information given with respect to the commission of cognizable offence satisfies the requirement of section 154 cr.p.c. ..... the report of the commission was accepted and the inspector general of police forwarded the report to the dy. ..... (e) the 'offence' must be an offence as defined in section 3(38) of the general clauses act, that is to say, 'an act or omission made punishable by any law for the time being in force'. ..... on the basis of entry of the first information report, on coming to know of the commission of a cognizable offence. ..... the commission held that the firing at kuthuparamba on 25.11.1994 was not justified and also held that sri m.v. ..... the commission submitted its report which in essence held that the attitude of mr. m.v. .....

Maharashtra State Co-operative Marketing Federation Limited and anr. V ...

Court : Mumbai

Reported in : 2009(3)BomCR424

..... bench of madras high court considered legal import of the expression ''federation' in the context of the subject matter of challenge in respect of notification issued by the department of personnel and administration reforms, government of india, under section 3 of the commissions of inquiry act, 1952. ..... substantial question of law involved in this appeal is as follows: 'whether the exemption granted vide government notification, issued under section 88 read with section 91-a of the employees' state insurance act, 1948, in respect of establishment of the apex body of a co-operative marketing federation limited, would be applicable and valid so as to claim exemption from payment of employees state insurance (e.s.i. ..... the apex court observed:in our view, the aforesaid observations on the scheme of the act for covering the activities of head office and branches of the establishment are well sustained. ..... the exemption granted from the operation of the e.s.i act is one kind of the endeavour of the state government to give helping hand to the appellants. ..... 2 after due inquiry, as contemplated under the e.s.i. ..... the scheme of the esi act, 1948 is elaborately discussed and stated in transport corporation of india v. ..... 1 is a registered cooperative society under the maharashtra co-operative societies act, 1960 and the appellant no. ..... the appellants filed an application under section 75 read with sections 77 and 78 of the employees' state insurance act, 1948 (hereinafter referred to as 'the e.s.i. .....

Balkrishna Pandurang Moghe Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 1998CriLJ4496

..... : [1959]1scr279 , the constitution bench was called upon to consider the validity of some of the provisions of commissions of inquiry act, 1952 and it was alleged that the notification issued under section 3 was ultra vires the provisions of article 14 of the ..... true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered : (1) what was the common law before the making of the act (2) what was the mischief and defect for which the common law did not provide (3) what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth (4) the true reason ..... also well settled that when a law is challenged as offending the guarantee enshrined in article 14 of the constitution, the first duty of the court is to examine the purpose and policy of the act and then to discover whether the classification made by the law was reasonable in relation to the object that the legislature seeks to achieve. ..... it was, therefore, proposed' o suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to married women by ..... it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by .....

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

Court : Andhra Pradesh

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

..... : [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... ..... powers of recording and 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 ..... 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 ..... 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 ..... 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. ..... in the said case, the national commission for scheduled castes and scheduled tribes directed the executive director of indian overseas bank (iob) to stop promotion process pending farther investigation into the allegation of contravention of government directives relating to reservation for sc/st .....

Court of Its Own Motion Vs. B.D. Kaushik and ors.,

Court : Delhi

Reported in : 1993CriLJ336; 46(1992)DLT35; 1992(22)DRJ34; 1991(1)DRJ(Suppl)188

..... (55) while presiding over a committee constituted under the commissions of inquiry act, 1952 for going into the incident of lathi charge on the lawyers and other incidents in tis hazari courts premises which led to a long strike by the lawyers i had ..... is also necessary to take such action as will in future deter every one, the contemners and all the other misguided members of the bar, from doing any act whatsoever - like strike - which interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any manner in any court ..... bearing in mind the outrageous conduct of the contemners, the gross contempt which they committed and the fact that the acts were preconceived, the populist line of showing over indulgence and magnanimity would not subserve the ends of justice but would ..... the high court or the supreme court is free to follow the procedure laid down by the contempt of courts act if they find, in their own judgment, that the procedure was more suitable and fair, but they are ..... duty to say a few words on the following operative portion of the proposed order: 'in case any of them repeats any act which tantamounts to contempt of court or undermining the judicary, he will be called upon to appear in court to receive the ..... commission of india is also seized of this matter and unless the lawyers themselves evolve some principles, strikes by lawyers may have to be restricted by an appropriate legislation, may be even by amending the advocates act .....

C. Narayanan (Writer) and Etc. Vs. State of Kerala and ors.

Court : Kerala

Reported in : 1992CriLJ2860

..... (a member of the revenue board) to hold an enquiry into the death of soman under the provisions of commissions of inquiry act, 1952. ..... counsel contended that the said statement is not one which falls under section 32 of the indian evidence act, 1872 (for short 'the act'), since this is not a statement as to any of the circumstances of the transaction which resulted in his death and is hence inadmissible in ..... the ratio adopted in those decisions is that if a statement is not admissible under section 32 of the act, it is not admissible under section 11 of the act and that there is a difference between the existence of a fact and a statement as to its existence ..... there could be statements which though inadmissible under section 32 of the act are nevertheless admissible under section 6 in the light of illustration (a) ..... was a controvery as to whether 'the circumstances' referred to in section 32(1) of the act would embrace only proximate circumstances and would exclude distant circumstances. ..... lordships observed thus :it seems to us that the statements in question are relevant under clause (1) of section 11, evidence act, because they are inconsistent with the fact in issue. ..... the other hand, the words used in section 11 of the act indicate that the provision is an exception to other general provisions. ..... legislature intended that all statements are liable to be excluded from the purview of the word 'fact', illustration (a) to section 6 of the act would not have been incorporated therein. .....