Court : Mumbai
Reported in : 1954CriLJ366
..... of madhya pradesh accordingly appointed a commission of inquiry under the commissions of inquiry act, 1952, with the honourable shri justice ..... this, however, is not the case with a commission appointed under the commissions of inquiry act, 1952, whose findings are not contemplated by law as liable at any stage to confirmation by any authority so as to assume the character ..... it is, therefore, clear that under the commissions of inquiry act, 1952, the commission is fictionally a civil court only for the purpose of the contempts punishable under sections 175, 178, 179, 180 and 228 of the indian penal code, 1860, subject to the condition ..... instant case, it would appear that the purpose for which the fiction is created in sub-section (4) of section 5 of the commissions of inquiry act, 1952, is to be inferred from the words that follow the expression 'the commission shall be deemed to be a civil court. ..... mainly upon the interpretation of section 4 and sub-sections (4) and (5) of section 5 of the commissions of inquiry act, 1952, which are reproduced below:4. ..... commission was asked to enquire and report whether-(i) the firing was justified; (ii) excessive force was used; and (iii) after the firing adequate action was taken to maintain peace and order, to prevent recrudescence of trouble and to give adequate medical and other aid to the injured.government were also pleased to direct that 'all the provisions of the commissions of inquiry act, 1952, shall apply to the proceedings of the commission .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All258; 1956CriLJ579
..... . hassan', air 1954 nag 71 (g) at page 76; it was observed that the least attribute of a tribunal which would make it a court within the meaning of the contempt of courts act is that it is legally authorised to deal with any particular matter judicially and accordingly it was held that the commission of inquiry appointed under the commissions of inquiry act, 1952 and presided over by a ..... . therefore, all the observations about the meaning of the word 'court' were by way of 'obiter dicta'.moreover though the language of section 3, contempt of courts act of 1952 is the same as that in the corresponding provision of the act of 1926, since the act of 1952 was enacted after the constitution has come into force it must be interpreted in accordance with constitution and the interpretation put upon the language of the act ..... . 'the whole inquiry- before us is whether sri ifrahim acted as a court within the meaning of the contempt of courts act: if a court is distinct from a tribunal, it means that a tribunal is not always a court; if every tribunal were a court, there would be no distinction between a court and a tribunal.if there is no distinction, there is no difference between an inquiry whether sri s: m ..... . of 1926 is not to be blindly put on the language used in the act of 1952.14 ..... the present proceedings are governed by the contempt of courts act, 1952. ..... . ifrahim acted as a tribunal and an inquiry whether he acted as a court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC66; 1956CriLJ156; [1955]2SCR955
..... they digressed into a consideration of the provisions of the public servants (inquiries) act, 1850 in order to emphasize the character and position of the commission appointed under the commissions of inquiry act, 1952 even though it was not strictly necessary for the purpose of arriving at their decision, though it must be mentioned that while discussing the nature and function of the commission they expressed themselves correctly as under :- 'the commission governed by the commissions of inquiry act, 1952 is appointed by the state government 'for the information of its own ..... mind', in order that it should not act, in exercise of its executive power, 'otherwise than in accordance with the dictates of justice & equity' in ordering a departmental enquiry against its officers .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR769
..... 3 of the commissions of inquiry act (act lx of 1952). ..... , considerable losses,and whereas the central government is of the opinion that there should be a full inquiry into these matters which are of definite public importance both by reason of the grave consequences which appear to have ensued to the investing public and also to determine such measures as may be deemed necessary in order to prevent a recurrence thereof.now, therefore, in exercise of the powers conferred by section 3 of the commissions of inquiry act (no. ..... it is an enabling act making it obligatory upon the appropriate government, if a resolution is passed by the house of the people or the legislative assembly of the state, and leaving it to the discretion of the government if it is of opinion that it is necessary so to do, to appoint a commission of inquiry by notification for the purpose of making an inquiry into any definite matter of public importance and performing such functions and ..... of 1952), the central government hereby appoints a commission of inquiry consisting ..... and devices of this group will give us sufficient material for deciding what legislative actions should be taken to prevent a recurrence of such acts, and therefore instead of asking the commission to launch upon a long and laborious inquiry into the administration of every company in india, we will limit the inquiry to a class about which, as already pointed out, we have special information and which, in our opinion, has succeeded in defrauding .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad294; 1959CriLJ856
..... . it was held by that court:"section 4 of the commissions of inquiry act, 1952, only clothes the commission with certain powers of a civil court but does not confer on it the status of a court.under section 5(4), (5) of the commissions of inquiry act, 1952, the commission is fictionally a civil court only for the purpose of the contempts punishable under sections 175, 178, 179, 180 and 228 of the indian penal code subject to the condition that it has not the right ..... ."in ilr (1954) nag 1: (air 1954 nag 71), it fell to the nagpur high court to find out whether a commission set up under the commissions of inquiry act, 1952, was a court and its proceedings were judicial proceedings ..... has no judicial powers and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the commission of inquiry is, under section 6 of the act, wholly inadmissible in evidence in any future proceedings, civil or criminal there can be no point in the commission of inquiry making recommendations for taking any action 'as and by way of securing redress or punishment', which, in agreement with the high court, we think, refers, in the context, to wrongs already ..... ."on the foot of these principles it was held in , that the commissioner appointed under the public servants (inquiries) act 37 of 1850, is not a court within the meaning of section 3 of the contempt of courts act 32 of 1952, approving the privy council decision in shell co .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP148
..... trusts, express or constructive) and to suggest the methods by which the said properties can be recovered and properly administered; 'and whereas the government of andhra are of opinion that all the provisions of the commissions of inquiry act, 1952 (central act lx of 1952), should be made applicable to the special officer aforesaid: 'now therefore, in exercise of the powers conferred by section 11 of the said ..... andhra are of opinion that, having regard to the nature of the enquiry to be made and other circumstances of the case, all the provisions of sub-sections (2), (3), (4) and (5) of section 5 of the commissions of inquiry act 1952 (central act lx of 1952), should be made applicable to the special officer mentioned in law department notification no. ..... under article 226 of the constitution of india for the issue of a writ of certiorari or any other appropriate writ or direction to quash two notifications issued by the government of andhra under the commissions of inquiry act, 1952, (hereinafter referred to as the act). ..... to enter the premises of any religious institution or any place of worship, sub-section (3) of section 5 of the act gives only a limited power to the authorised officers to enter any building or place where the- commission of inquiry has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry may be found; and the search and seizure or books of account or documents can be done only after observing the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H27; (1960)ILLJ640P& H
..... air 1958 sc 538(a), in which all the principles that have been settled up-till now with regard to the applicability of article 14 have been fully summarised, in that case the validity of the commissions of inquiry act, 1952, was impugned and while examining the same the following five classes were indicated into which a statute may be placed, when its validity under article 14 of the constitution is to be decided : ..... when the government was running the factory it was only manufacturing stoves which do not fall within any ot the items mentioned in schedule i of the act and thus the factory can be said to be established only when it started manufacturing the motor parts which happened after the workshop had been acquired by ..... follows: (1) section 5 of the employees' provident funds act, 1952 does not infringe article 14 or article 19 (1) (f) ..... of india, new delhi, air 1958 punj 55 (g), in which while deciding how the date of establishment of a factory within tbe meaning of section 16 of the act is to be determined, it was observed that the date of establishment would be the date when the manufacturing process started and that a change of ownership could not start ..... company was informed by the regional provident fund commissioner that the factory in question fell within the purview of the employees' provident funds act, 1952. ..... ' provident fund scheme of 1952 that has been framed by flip central government under the provisions of the act goes beyond the provisions of the act and is. .....
Tag this Judgment!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'. ..... while observing that the view expressed by the nagpur bench in the above case with expressed by the nagpur bench in the above case with regard to the constructions of the provisions of the public servants (inquiries) act, 1850 was more in the nature of digression considered that the nature and functions of the commission had been correctly described by the learned nagpur judges and thus gave their imprimatur to the fact-finding nature of the ..... (2) by means of a notification dated 11th december, 1956 the central government in exercise of the powers conferred under the act appointed a commission of inquiry (hereinafter called the commission) to enquire into the affairs of the petitioners and various other person and companies mentioned in the said notification for the purposes specified therein.on the 9th january 1957 another notification was issued providing .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115
..... there was whether a commission under section 4 or the commissions of inquiry act, 1952, was a court or not within the meaning of the contempt of courts act, and it was held ..... of a court is the capacity to deliver a 'definitive judgment' and that test was not fulfilled in the case of a commission appointed under the commissions of inquiry act, the report made by the commission not being a definitive judgment and not binding on the parties. ..... was whether cognizance could he taken by the high court of a contempt committed of the chief judge of the small causes court as a persona designata under the city of bombay municipal act, 1388, and this court held that it is open to the high court to take cognizance of it and take action against the person who committed that contempt as if the contempt had ..... person responsible for the payment of wages under section 3, or give them an opportunity ot being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable tinder this act, direct the refund to the employed person or his legal representative as the case may be of the amount deducted or the ..... act, 1947, are courts, and that they arc courts subordinate to the high court within the meaning of section 3 of the contempt of courts act, 1952 ..... required to hear both ihe employer and the employee and after making inquiry as may be necessary to decide in accordance with the provisions of the act. .....
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