Court : Andhra Pradesh
Reported in : 2001(1)ALT201
..... learned advocate general however submits that, in view of the law laid down in pothi naidu's case this court would not be right in ordering commission to be appointed under the commissions of inquiry act, 1952 as this is the sole domain of the state government or of the state legislature. ..... we are not going into the question as to whether this court has the power to direct the state government to appoint a commission under commissions of inquiry act or not in view of the fact that investigations have already been ordered and they are being conducted under the supervision of an additional director general of ..... , at this stage, we are not inclined to pass any direction with regard to appointment of commission under the commissions of inquiry act.6. ..... judgments were pressed into service to show that this court could order the government to appoint a commission of inquiry which was however disputed by the learned advocate general appearing for the state. ..... filed on behalf of the peoples' union for civil liberties about the same incident and it is prayed that the state of andhra pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a commission of inquiry by a sitting judge of the hon'ble high court of andhra pradesh. ..... 16558/2000 on the same factual position it is prayed that a commission of inquiry be appointed headed by a sitting judge of high court so that all facts are brought out and there remain no chance of guilty escaping the clutches of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001CriLJ2362
..... advocate general however submits that, in view of the law laid down in pothi naidu's case (1999 aihc 3729) (supra) this court would not be right in ordering commission to be appointed under the commissions of inquiry act, 1952 as this is the sole domain of the state goverment or of the state legislature. ..... we are not going into the question as to whether this court has the power to direct the state government to appoint a commission under commissions of inquiry act or not in view of the fact that investigations have already been ordered and they are being conducted under the supervision of an additional director general ..... at this stage, we are not inclined to pass any direction with regard to appointment of commission under the commissions of inquiry act.7. ..... were pressed into service to show that this court could order the government to appoint a commission of inquiry which was however disputed by the learned advocate general appearing for the state. ..... on behalf of the peoples' union for civil liberties about the same incident and it is prayed that the state of andhra pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a commission of inquiry by a sitting judge of the hon'ble high court of andhra pradesh. ..... 16558/2000 on the same factual position it is prayed that a commission of inquiry be appointed headed by a sitting judge of high court so that all facts are brought out and there remain no chance of guilty escaping the clutches of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ647; AIR2001AP526; 2001(5)ALT448
..... section 18(3) of the railway claims tribunal act is to be found in section 4 of the commissions of inquiry act, 1952 and similar provision to that of section 25 is to be found in section 5(5) of the same act (commissions of inquiry act, 1952). ..... 1989]176itr1(sc) thesupreme court held (paras 32 and 33) :'a commission of inquiry is not a court properly so called. ..... , learned counsel for the respondent submits that sub-section (2) of section 17 of the railway claims tribunal act provides that in case when the rct can entertain the claims barred by limitation also by condoning the delay ..... on behalf of respondents-railways senior counsel sri ramakrishna rao appeared and contended that the railway claims tribunals act is a self-contained enactment and according to the provisions of section 17 of the said act, there is a clear period of limitation prescribed, and the claim in the present case is clearly ..... by the railways agreeing for part payment on 16-9-1998 is an 'acknowledgment' within the meaning of section 18 of the limitation act, and therefore, a fresh period of limitation shall be computed from the time when the said acknowledgment was signed. ..... the main contention of the appellant is that as per the provisions of section 17(1)(a) of the railway claims tribunals act, the application for compensation should be made within a period of three years from the date of entrustment of consignment of goods to the railway administration for carriage in the railways and, therefore, the claim must be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj48
..... witnesses are desirous of and willing to get themselves examined, the state government also expressed through their representative before the commission that it was essential to examine these witnesses, the petitioner is also pressing for examination of these witnesses but the commission has expressed that it was not necessary for the commission to go to the extent of going to tamil nadu to examine those witnesses, during the course of arguments, it was informed that ..... the only difficulty was that the witnesses would not be available before the commission for deposition prior to the year 2002 as presently they are in tamil nadu and they travel on ..... the petitioner who is a participant before the justice kokje commission of enquiry (bhinmal incident), (hereinafter to be referred as 'the commission') has filed this writ petition aggrieved by the decision taken by the commission not to examine certain witnesses on the ground of expediency ..... it should be remembered that when the state government sets up a commission to enquire into an incident, it is its responsibility to provide required expenses for the commission especially when the state government itself considers the witnesses to be important ..... counsel, acharya hemendra surishwarji, shri lekhendra vijaiji, shri labhesh vijaiji and sadhwi anant guna shriji sent the written letters through their counsel expressing their desire to depose before the commission but expressing their inability to reach rajasthan before the year 2002. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2631; JT2001(5)SC416; 2001(4)SCALE327; (2001)6SCC50; [2001]3SCR969
..... 14282 of 1998 in which the orders of the state government appointing the commission under the commission of inquiry act, 1952 (for short 'the act'), vide g.o.ms.no.83 dated 5.2.1997 and g.o.ms. no. ..... in course of the hearing, it has transpired that the government has been ready and willing for the appointment of a sitting judge of the high court as a commission of inquiry under section 3 of the commissions of inquiry act, 1952. ..... the high court accepted the contention that there cannot be any direction to appoint a commission under the commission of inquiry act, but should the high court feel that a fact finding is necessary then it can itself appoint the committee or commission. ..... the high court, in our considered view, omitted to look to the main purpose of appointment of commission of inquiry under the act and interfered with the notification issued by the state government without firm basis in law and without justification on facts.12. ..... it is mandated in sub-section (1) of section 3 of the act that the appropriate government may if it is of opinion that is necessary so to do, appoint a commission of inquiry for the purpose of making an enquiry 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. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD170; 2003(2)ALT579
..... these writ petitions came up for hearing the state government expressed its willingness to appoint a sitting judge of the high court as commission of inquiry, under section 3 of commissions of inquiry act, 1952 which resulted in disposal of thewrit petitions on 29-1-1997. ..... para 32 of the judgment the court held:'we have to dispose of a point concerning the issue of a writ of mandamus directingthe central government to appoint a commission under the provisions of section 3 of the commissions of inquiry act, 1952 which, in essence and substance, is the prayer in w.p. no. ..... course of the hearing, it has transpired that the government has been ready and willing forthe appointment of a sitting judge of the high court as a commission of inquiry under section 3 of the commissions of inquiry act, 1952. ..... although we are of the opinion that if there is a matter of public importance and a request is made to the government from every quarter for appointment of a commission and it is rejected, the reasons for which it is rejected can be subject matter of judicial scrutiny, similarly if a commission is appointed under the commissions of inquiry act, courts would be within their rights to examine whether reasons exist or whether an issue of public importance was there, but, in view of the law laid down by the five judge ..... of rajasthan, , the question as to whether the courts can order appointment of a commission under the commissions of inquiry act had directly come up before the high court. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker356
..... commission had been appointed by the state government under the commissions of inquiry act, 1952. ..... mohankumar commission of inquiry, be quashed, a few facts as relevantfor the decision of this case may ..... the state government had constituted a single man inquiry commission to enquire into the liquor tragedy, the commission was also asked to enquire and report about the possible involvement of government officers and public men in abetting or aiding the smuggling of ..... a perusal of the notice issued to the petitionershows that the deputy superintendent ofpolice, during the course of the inquiry, hadfound that approximately 50 lakhs of rupeeshad been paid by the liquor dealer to certain people during a short span of time.details of the payments made to differentpersons including the ..... similarly, we cannot also find any fault with the finding of the commission that the petitioner was holding 'a responsible office in the communist party (marxist) at the ..... cannot also imply that because of the mere fact that the deputy superintendent of police had chosen to support the petitioner, the commission could not have drawn an adverse inference even against the officer.12. mr. ..... view of the above, it cannot be said that there was no evidence before the commission on the basis of which it could have come to a finding against the petitioner.11. ..... may be noticed here is that the claim as made on behalf of the petitioner before the commission is contained in the observations at page 76 of the paper book. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1642b
..... court was dealingwith a challenge to section 3 ofthe commissions of inquiry act,1952 and notification issued bythe central government underthat section appointing acommission of inquiry to inquireinto and report on the affairs ofcertain companies ..... limited to award contract for the supply, installation testing and commissioning of 0.2s accuracy class static electronic trivector energy meters in favour ..... contract to the petitioner company forthwith in terms of petitioner company's bid for the supply, installation, testing and commissioning of 0.2s accuracy class static electronic trivector energy meters.2. ..... installation, testing and commissioning of 0.2s accuracy class static electronic trivector energy meters but the power corporation, after making enquiry and the preference of the domestic company over the foreign company, took a decision ..... khudiram chakma, the supreme court while examining the provisions of the citizenship act, 1955, in respect to the appellant and other 56 families, popularly known as chakmas of the erstwhile east pakistan, the hon'ble supreme court observed as under :'it is true that fundamental right is available to a foreigner as ..... raised, it is met by the obvious answer that the appellant has been deprived of its property by authority of the provisions of the act and that would be the end of the plea under article 31(1) unless the appellant is able to take the further step of challenging the validity of the act, and that necessarily imports article 19(1)(f). .....
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 : Supreme Court of India
Reported in : AIR2003SC3887; JT2003(Suppl1)SC505; 2003(7)SCALE197; (2003)7SCC726; 2004(1)LC332(SC)
..... venugopal, judge, madras high court to function as the commission of inquiry under the commissions of inquiry act, 1952 in respect of the incidents that took place in coimbatore town in tamil nadu on 23rd july, 1981. ..... sole question which survives for consideration is as to whether the period during which he served as commission of inquiry or as commissioner of payments under the madras race club (acquisition and transfer of undertaking) act, 1986 can be taken into consideration for computing the pensionary benefits. ..... pursuant to or in furtherance of the said order dated 29.07.1981, the government of tamil nadu also issued an order on 01.08.1981 appointing the petitioner as a commission of inquiry, terms of reference whereof are as under:'(i) to enquire into the alleged incidents of attack on the offices and premises of the news papers 'dinakaran' and 'malai murasu' in coimbatore town on 23rd july, 1981; and (ii) to determine ..... he was appointed on 25.01.1979 and superannuated on 07.12.1981.in the meanwhile, by a notification dated 29.07.1981, he was appointed as commission of inquiry to inquire into the incidents which took place in coimbatore town on 23.07.1981 arising from attacks on the office premises of two tamil newspapers 'dinakaran' and 'malai ..... the petitioner despite his superannuation as a high court judge continued to occupy the post of commission of inquiry, where for the government of madras (as the state was thence known) issued an order dated 28.12.1981 stating:' .....
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