Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Sorted by: old Page 11 of about 9,279 results (0.054 seconds)

Government of Andhra Pradesh and Another Vs. Y.S. Vivekananda Reddy an ...

Court : Andhra Pradesh

Reported in : AIR1995AP1; 1994(3)ALT179

..... on the question of granting consent illegally and the leases themselves being void on the ground of violative of the provisions of the act and the rules, the learned senior counsel submits that the impugned orders themselves are not based on those grounds and that the impugned orders cannot now be improved or supported on grounds ..... iii) department dated february 10, 1975, subject to the provisions of mines and minerals (regulation & development) act, 1957 (for short the act) and the rules made thereunder and also subject to the condition in form 'k' prescribed under the mineral concession rules, 1960 (for short ..... though the learned counsel conceded that s.4a of the act applies to sub-leases, yet he contended that as the arrangement to grant sub-leases pursuant to the tripartite agreement is itself ..... 37, no notice need be given as the provisions of the act and the rules constitute a complete code and exclude by necessary implication the necessity of issuance of notice to the sublessees before withdrawing consent; it is pointed out that the c6nsent given by the government of andhra pradesh ..... 4a of the act is applicable 19 sub-leases as such premature determination of the sub-leases has to be strictly in accordance with the terms of the said section which enjoins notice to ..... 2 of the act and has contended that in view of the concept of occupied field', all matters relating to regulation of mines and development of minerals have been brought under the control of the union government and .....

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 .....

S. Balasubramanian Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (1995)1MLJ42

..... india : [1978]2scr1 , 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 the allegations against the chief minister of the state and ..... 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, ..... , 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 ..... case by the house of the alleged breach of privilege or the contempt of the authority of the house or its members on the peculiar facts and circumstances of the case, is as to whether the house has acted in conformity with the rule of law in taking an action or resolving to decide and impose a punishment on a citizen resulting in the deprivation of his life or personal liberty. .....

A.P. State Backward Class Welfare Association (Registered) and Etc. Et ...

Court : Andhra Pradesh

Reported in : AIR1995AP248; 1995(2)ALT1

..... air1993sc477 (supra) the supreme court ruled that it is not obligatory on the part of a state to enact a law for identifying backward classes and that can be done after receiving fact finding, be it a commission under article 340 of the constitution or statutory commission under commissions of inquiry act, 1952 or a committee constituted by the government in its executive power, but felt it desirable to have a permanent body in the nature of a commission or tribunal. ..... constitution of india, or under section 3 of the commissions of enquiry act, 1952 or in exercise of the executive powers of the union ..... commission and muralidhara rao commission were appointed by the government of andhra pradesh in exercise of powers under section 3(2) of commissions of enquiry act, 1952 ..... provisions of the commissions of enquiry act, 1952. ..... that apart, the statutory provision contained under section 11(2) of the act requiring prior consultation of the commission before the government takes a decision either to exclude the existing backward classes or to include the new backward classes is in tune and conformity with the judgment rendered by the supreme court ..... point framed reflects two aspects to be considered, namely, (i) whether it is open to the state government to identify certain communities for inclusion in the list ofbackward classes pending report of the commission appointed under the act and, (ii) whether consultation of the commission is pre-mandate before identification of such communities.19. .....

Central Bureau of Investigation Vs. Kumher Inquiry Commission and ors.

Court : Rajasthan

Reported in : 1995CriLJ3917

..... 32(2) grah-9/92, dated 7th june, 1992, appointed a commission under the commissions of inquiry act, 1952 (in short, 'the act'). ..... the commission in pursuance of rule 2 of the rajasthan state commissions of inquiry (procedure) rules, 1969 (in short, 'the rules') issued a notification on 20th august, 1992 inviting all the persons acquainted with the subject-matter of the inquiry to make a statement of facts.4. ..... in the instant case the order/notification dated 7-6-1992 passed by the state government appointing the commission has confined the jurisdiction of the commission only to the point of making inquiries about the law and order situation prevailing at kumher in the month of june, 1992.15. ..... these two connected writ petitions are directed against the common order dated 28-10-1993 passed by the kumher inquiry commission, jodhpur (camp-bharatpur), directing the petitioners to produce :-(1) the case diaries of case nos. ..... the inquiry made by the commission is entirely different from the civil litigation or the criminal proceedings pending before any other court. ..... the aims and objects of the act in appointing a commission is to enquire into the matter and submit the report to the government. ..... under clause (d) of section 4 of the act, the commission can requisition any public record or copy thereof from any court or office. ..... the commission is not a court but has certain powers of the civil court as conferred by section 4 of the act, it does not decide any dispute. .....

Gangadhar Laxman Reddy Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 1995(4)BomCR529

..... government which was in office lost the power and the government was formed by bharatiya janata party and shiv sena combine.on may 24, 1994, the government in exercise of powers conferred by sections 3 and section 5 of the commissions of inquiry act, 1952 amended terms of reference and added more terms which reads as under :'the circumstances and the immediate cause of the incidents commonly known as the serial bomb blasts of the 12th march, 1993 which occured ..... heard counsel.on january 25, 1993 government of maharashtra exercised powers conferred by section 3 and section 5 of the commissions of inquiry act, 1952 and appointed commission of inquiry of mr. ..... the learned counsel submitted that the powers of the state government are regulated by the provisions of section 3 of the commissions of inquiry act and the perusal of the same would indicate that the state government was not an appropriate government to issue the impugned notification. ..... in the case before the learned judge, the government of west bengal appointed a commission of inquiry after appointment of shah commission by the central government to inquire into the excesses during the period of emergency declared in year 1975. ..... as faint attempt was made to urge that the impugned notification was issued in respect of events which had happened subsequent to the riots and was not in contemplation when the commission of inquiry was set up by notification dated january 25, 1993 and therefore invalid. .....

Sri K. Vijaya Bhaskar Reddy Vs. Government of Andhra Pradesh and Other ...

Court : Andhra Pradesh

Reported in : AIR1996AP62

..... 11, general administration (i & pr) department, dated january 13, 1995 appointing the 4th respondent as commission of inquiry under the commissions of inquiry act, 1952 (for short 'the act') and g.o.ms. no. ..... & pr department, filmnagar co-operative housing society limited and film development corporation) notice (under section 8-b of the commissions of inquiry act, 1952) to sri k. ..... he submits that under the commission of inquiry act the power to appoint is vested with the government and it is for the state government to decide whom to appoint to head the commission. ..... this being the position in law with regard to application of rule against bias, can the same principle be extended to the proceedings before the commission of inquiry under the act, whose function it is to collect facts, record findings and give recommendations which cannot be enforced proprio vigore? ..... we may point out here that there is no requirement under the act or the rules made thereunder that the appointment of the commission of inquiry should be made in consultation with the honourable the chief justice of the high court. ..... after considering the provisions of the act, the supreme court summarised the scheme as follows (at page 137): 'it is clear from these provisions and the general scheme of the act that a commission of inquiry appointed under the act is a purely fact finding body which has no power to pronounce a binding or definitive judgment. .....

Prof. K. Anbazhagan, General Secretary, D.M.K. Vs. State of Tamilnadu ...

Court : Chennai

Reported in : 1996(1)CTC33

..... section 3(1) of the commissions of inquiry act, 1952, reads as follows ..... writ petition was dismissed on 25.2.1992 by a single judge of this court, who held that it could not be styled as a public interest litigation and the power under section 3(1) of the commission of inquiry act, 1992 was purely discretionary and it was not necessary for the court to exercise its jurisdiction under lrt.226 of the constitution of india. ..... the division bench held that the discretion conferred by section 3 of the commissions of inquiry act cannot be said to be 'unfettered' in as much as the parliament did think that if a definite matter of public importance is there, a judicial enquiry should be ordered, if a need for the same exists according to the appropriate ..... bench held that the enquiry under the commissions of inquiry act is purely administrative and not quasi judicial and the commission has no duty to act judicially. ..... of the government has been properly exercised in this case and once it is seen that the discretion exercised is based on relevant materials, there is no question of this court issuing a writ directing the government to appoint a commission of inquiry under the commission of inquiry act.8. ..... 2661 of 1992 seeking a writ of mandamus directing the union of india to appoint a commission of inquiry consisting of a sitting judge of the high court to enquire into the circums anccs leading to the tragic death and injury of over hundred pilgrims who had come for a holy dip in the mahamakam .....

Lal Krishna Advani (L.K. Advani) and ors. Vs. State of Bihar and ors.

Court : Patna

..... therefore, the state government having regard to enormity of the communal disturbances and magnitude of the riots, decided to constitute a commission of inquiry under the commissions of inquiry act, 1952 (hereinafter referred to as the 'act') to enquire into the cause for communal disturbances and to fix responsibility against the persons who are found responsible. ..... (as he then was) observed in para 12 of the judgment - 'an enquiry under the commissions of inquiry act, 1952, on the other hand, is of wholly different character. ..... while dealing with the scope of section 10 of jammu and kashmir commission inquiry act, 1962, which is in fact amalgam of sections 8b of the present act, in the case of the state of jammu and kashmir v. ..... xx x x thus findings rendered in paras 4 (56) and 7(26) of the report of the commission of inquiry are in violation of section 8b of the act and rules 7 and 10 of the commissions of inquiry (tamil nadu) rules in that the appellant was not given an opportunity of being, heard at the enquiry, even though the findings rendered deals with his official conduct and affects his reputation. ..... it was argued on behalf of the respondents that the inquiry as contemplated under the act is neither judicial nor quasi-judicial and that writ in the nature of certiorari or mandamus does not lie because the function of the commission of inquiry was only to make recommendations to the government, which are not enforceable vigore. .....

Prabhat Kumar Vs. the Liberhan Ayodhya Commission of Inquiry and anr.

Court : Delhi

Reported in : 70(1997)DLT671

..... 6.the central government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all the provisions of sub-section (2), sub-section (3), sub-section (4) and sub-section (5) of sections of the commissions of inquiry act, 1952 (60ofl952),should be made applicable to tile said commission and the central government, in exercise of the powers conferred by sub-section (1) of the said section 5, hereby directs that all the provisions of the said sub-sections (2), ..... thereforee, in exercise of the powers conferred by section 3 of the commission of inquiry act, 1952 (60 of 1992) the central government thereby appoints a commission of inquiry of justice shri manmohan singh liberhan, a sitting judge of the high court ..... issuance of an appropriate writ, direction or order under article 226 of the constitution of india for setting aside the impugned order, annexure f, dated 4.8.1995 passed by the liber han ayodhya commission of inquiry (for short 'the commission') and for quashing of notice, annexure c, dated 28.4.1995 issued under section 8-b of the commission of inquiry act, 1952 (act no. ..... in each case reads : 'where as the central government in exercise of powers conferred by section 3 of the commission of inquiry act, 1952 (hereinafter called 'the act') has appointed vide notification no. ..... truth that the purity and integrity of public life can be preserved' and that is the object which the commission of inquiry act seeks to achieve'. .....