Judgment Search Results Home > Cases Phrase: commissions of inquiry act 1952 Sorted by: old Page 2 of about 9,279 results (0.064 seconds)

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... gazette of india dated 11th december , 1956, a notification in exercise of the powers conferred on it by section 3 of the commissions of inquiry act, 1952, which was an act to provide for the appointment of commissions of inquiry and for vesting the commissions with certain powers, namely, to investigate into certain heads of charges in respect of certain companies. ..... a commission of inquiry consisting of there members, the chairman of which was a judge of the bombay high court, and the commission was charged with the duty of enquiring and reporting on the administration of the affairs of the various companies set out in the schedule, and the scope and details of such inquiry were set out in the notification, which undoubtedly gave extensive powers to the commission by way ..... who fell within the group of those who had substantially evaded taxation on income, that the act of the government in referring some evaders to the commission was wholly arbitrary and there was nothing to eliminate the possibility of a favouritism or a discrimination against an individual by sending or not sending cases to the commission as between two persons both of whom might be within the group of those who might have ..... documents so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this act :provided that such accounts, registers and documents shall not be retained for more than thirty days at a time except with the .....

Keki Ardeshir Master Vs. Kotwal A.G.

Court : Mumbai

Reported in : 1963MhLJ382

..... 4 of the commissions of inquiry act, 1952, was a court or not within the meaning of the contempt of courts act, and it was held that it ..... was that the least characteristic that is required 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 commission of inquiry act, the report made by the commission not being a definitive judgment and not binding on the parties. ..... arose for consideration there was whether cognizance could be 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, 1888, 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 been committed of ..... 3, or give them an opportunity of 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 under this act, direct the refund to the employed person or his legal representative as the case may be of the amount deducted or the payment of the delayed wages, together with the payment of such compensation as ..... of courts act, 1952. 34. ..... the authority to not arbitrary, but he is required to hear both the employer and the employee and, after making inquiry as may be necessary, to decide in accordance with the provisions of the act. .....

Sohanlal Pahladrai Vaid Vs. State

Court : Mumbai

Reported in : AIR1965Bom1; (1964)66BOMLR353; 1965CriLJ10; ILR1964Bom679

..... (3) both the learned trial magistrate as well as the learned sessions judge held that in view of section 6 of the commission of inquiry act, 1952, the statements of prosecution witnesses before the commission could not be used to contradict them at a subsequent trail, hence the accused's application for a summons to get those statements produced was rejected. ..... the state government appointed a commission of inquiry under the commissions of inquiry act, 1952, to inquire, among other things, into the cause of the said explosion. ..... nain, who appears for the petitioner accused, contends that the interpretation put upon section 6 of the commissions of inquiry act, 1952, by the courts below is erroneous. s. ..... 145 of indian evidence act, is prohibited by s.6 of the commissions of inquiry act, 1952. ..... 6 of the commissions of inquiry act, 1952. ..... the accused stated that copies of these statements were supplied to the accused while inquiry before the commission was going on and that these statements of prosecution witnesses before the commission were required at the trail for contradicting the prosecution witnesses under s.145 of the indian evidence act, if occasion for the same arises. .....

Shri Ramkishan Srikishan Jhaver and ors. Vs. Commissioner of Commercia ...

Court : Chennai

Reported in : [1965]16STC708(Mad)

..... government cannot be approximated to or is not like the power of the commissioner of income-tax under section 37(2) or 5(7a) of the income-tax act or of the central government in the commissions of inquiry act, 1952, which have been held as not to offend article ..... v. justice tendolkar : [1959]1scr279 , the supreme court upheld the validity of section 3(1) of the commissions of inquiry act on the grounds among others,parliament has confided the task of selective application of the law to the appropriate government and it is, therefore, for the appropriate ..... course of his business:provided that before ordering the confiscation of goods under this sub-section, the officer shall give the person affected an opportunity of being heard and make an inquiry in the prescribed manner: provided further that the officer ordering the confiscation shall give the person affected option to pay in lieu of confiscation:-- (a) in cases where the goods are taxable ..... registers, records and documents so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceeding under this act: provided that such accounts, registers and documents shall not be retained for more than thirty days at a time except with the permission of ..... -divisional magistrate, poonamallee, with alleged commission of offences under sections 143, 147, 149, 332, 333, 363 and 395 read with 397, indian penal code, and section 45(3) of the madras general sales tax act, 1959. .....

Shri Ramkishan Srikishan Jhaver and Others Vs. Commissioner of Commerc ...

Court : Chennai

Reported in : [1965]57ITR664(Mad)

..... but this power of the state government cannot be approximated to or is not like the power of the commissioner of income-tax under section 37(2) or 5(7a) of the income-tax act or of the central government in the commissions of inquiry act, 1952, which have been held as not to offend article 19(1). ..... justice tendolkar the supreme court upheld the validity of section 3(1) of the commissions of inquiry act on the grounds among others. ..... other documents maintained in the course of his business.provided that before ordering the confiscation of goods under this sub-section the officer shall give the person affected an opportunity of being heard and make an inquiry in the prescribed manner.provided further that the officer ordering the confiscation shall give the person affected option to pay in lieu of confiscation :-(a) in cases where the goods are taxable under this ..... the accounts, registers, records, and documents, so seized for shall be retained by such officer only for so long may be necessary for their examination and for any inquiry or proceeding under this act;provided that such accounts, registers and documents shall not be retained for more than thirty days at a time except with the permission of the next higher authority. ..... mimani had been charge before the sub-divisional magistrate, poonamallee, with alleged commission of offenses under sections 143, 147, 149, 332, 333, 363, and 365 read with 397, indian penal code, and section 45(3) of the madras general sales tax act, 1959. .....

Nanavati and Co. Private Ltd. Vs. R.C. Dutt and ors.

Court : Mumbai

Reported in : [1967]37CompCas171(Bom)

..... that case the validity of section 3 of the commissions of inquiry act, 1952, as also of the notification issued by the central government appointing the inquiry commission were challenged on the ground of violation of article ..... setalwad emphasised the fact that whereas the show cause notice merely notified the proposed variation about depriving the petitioner-company of its rebate or commission on direct sales effected by the 5th respondent-company, the actual variation effected goes far beyond the variation indicated in the show cause notice, inasmuch as the 5th respondent-company has been given ..... here point out that, as per the terms of the agreement, our principals have reserved their right to sell directly and pay us the commission due to us, but such sales have to be effected under exceptional circumstances and with the approval of ourselves. ..... he stated that under the original clause 12 of the agreement the 5th respondent-company was under an obligation to refer all inquiries of the products covered by the agreement to the petitioner-company during the continuance of the agreement and the 5th respondent-company was not permitted to effect direct sale except in exceptional circumstances and, ..... under clause 12 it was provided that the 5th respondent-company should refer all inquiries for the aforesaid products of the petitioner-company and the 5th respondent-company was not to make any direct sales of the said products to any person or concern in the agreed territory except in .....

State of Rajasthan Vs. Hon. Mr. Justice B.P. Beri and ors.

Court : Rajasthan

Reported in : AIR1968Raj77

..... it appears that the documents in question were requisitioned by the commission under section 4(d) of the commission of inquiry act, 1952 (act no. ..... by this writ petition under article 226 of the constitution, the state of rajasthan seeks to question the validity of an order of the commission of inquiry, respondent no. ..... in dealing with the argument, they referred to section 4 of the act and observed that it only clothes the commission with certain powers of a civil court but does not confer on it the status of a court. ..... in the present case the commission has taken the safeguard of ordering the inspection in the presence of its secretary or any other officer deputed for the purpose, and it has also ordered that so far as roznamcha entries were concerned, only the entries relevant to the subject-matter of inquiry will be permitted to be inspected and the rest would be kept secret. 4. ..... lx of 1952), (hereinafter called the act), and in complying with it any claim for privilege does not appear to have been raised by the petitioner, it was contended by the petitioner that while section 4 of the act authorised the commission to requisition any public record, it did not authorise it to permit inspection of such record or documents by other persons. .....

P.V. Jagannath Rao and ors. Vs. State of Orissa and ors.

Court : Supreme Court of India

Reported in : AIR1969SC215; [1968]3SCR789

..... now, therefore, the state government, in exercise of the powers conferred by section 3 of the commission of inquiries act, 1952 (act 60 of 1952), hereby appoint a commission of inquiry consisting of shri justice h. r. ..... and whereas the state government are 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), sub-section (5) and sub-section (6) of section 5 of the commission of inquiry act, 1952 shall be made applicable to the said commission, the state government hereby directs that all the said provisions shall apply to the said commission. ..... 3 of the commissions of inquiry act, 1952 (no. ..... the respondents in this case have done noting to obstruct or interfere with the lawful powers of the court by acting bona fide and discharging statutory functions under the commission of inquiry act. ..... we have already held that in the appointment of the commission of inquiry the government was acting bona fide. ..... (10) which calls upon the commission of inquiry to make recommendations about the action to be taken 'as and by way of securing redress or punishment', cannot he said to be at all necessary for or ancillary to the purposes of the commission, in our view the words in the latter part of the section, namely, 'as and by way of securing redress or punishment', clearly go outside the scope of the act.' 11. .....

Krishna Ballabh Sahay and ors. Vs. Commission of Inquiry and ors.

Court : Supreme Court of India

Reported in : AIR1969SC258; 1969(17)BLJR392; 1969CriLJ520; [1969]1SCR387

..... that petition the appellants sought a declaration that a notification of the governor of bihar appointing a commission of inquiry under the commissions of inquiry act, 1952, was 'ultra vires' illegal and inoperative' and for restraining the commission from proceeding with the inquiry. ..... upshot was a notification issued by the governor of bihar under section 3 of the commissions of inquiry act on october 1, 1967 by which inquiry was ordered against the appellants and two others (mr. ..... argument thus attributes malice and mala fides to the governor's notification and abuse of the powers under the commissions of inquiry act for an illegitimate purpose. ..... the notification went on to state further:'without prejudice to the scope of the inquiry, the commission shall, in particular, inquire into and report on the mala fide and corrupt conduct of the persons above-named in relation to the following matters, ..... we have held that the inquiry is legal, it is manifest that the truth or otherwise of the allegations is for the commission's consideration. ..... shortly stated, they are: firstly, that the appointment of the commission is a campaign of vilification for political gain by a party in opposition and is based on personal animus against those who kept the members of that party out of ..... other matter which may be brought to the notice of the commission in course of the inquiry. ..... we have no doubt that our former colleague, who heads the commission, will be able to decide the issue as we are invited to .....

Ramnarayan and ors. Vs. State of Madhya Pradesh, Bhopal

Court : Madhya Pradesh

Reported in : AIR1970MP102

..... 18th june, a commission of inquiry under the commissions of inquiry act, 1952, was announced. ..... the petitioners say that in order to avoid any prejudice or embarrassment which may affect the pending proceedings before the commission of inquiry and the trial of cases in the criminal court, they should not invite a decision from this court in the present proceedings ' as to the nature and character of the news item ..... we were told that in the announcement setting up the commission of inquiry, the date of the cessation of the disturbances is indicated to be the ..... , distribution and circulation of the said newspaper 'swadesh' will be prejudicial to the maintenance of public order: now therefore, in exercise of the powers conferred by clause (i) of sub-section (1) of section 12 of the madhya pradesh public security act, 1959 (25 of 1959), the state government hereby prohibit the bringing into, sale, distribution and circulation within the state of the said newspaper 'swadesh' for a period of one month from the date of publication of this ..... on july 9, 1969, in exercise of their power under clause (i) of sub-section (1) of section 12 of the act, the state government passed an order prohibiting the bringing into sale, distribution and circulation within the state of the said newspaper 'swadesh' for a period of one month from the date ..... social control of individual liberty envisaged by section 12 of the act is a reasonable restriction and there is, therefore, no inroad on the fundamental right .....