Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Court: himachal pradesh Page 1 of about 648 results (0.111 seconds)

Dhani Ram Etc. Vs. Sub-divisional Judge and ors.

Court : Himachal Pradesh

Reported in : AIR1965HP25,1965CriLJ550

..... one person and another, or a group of persons, or between him and the community generally, but, that even a judge acting without such an object in view is not acting judicially. in that case, the proceedings of a sub-registrar, relating to an inquiry, for the purpose of ascertaining, whether he should register a document, presented for registration, were held not to be ..... way, to the administration of justice or their object is to determine jural relation between two persons. in empress v. chait ram, ilr 6 all 103, an inquiry, made even by a district judge, on a reference by the telegraph department, for ascertaining whether a certain person was or was not the heir of the deceased was held not to be a .....

Harsarup Dass Vs. S. Padamanabhaiah

Court : Himachal Pradesh

Reported in : 1972CriLJ956

..... to this court under section 435 read with section 438 cr. p.c. for quashing the above mentioned order. the district and sessions' judge held that the magistrate concerned in making an inquiry under provisions of section 176 (1) criminal p.c. was not acting as a 'criminal court' at all but was holding what he described as merely an 'executive ..... inquiry'. the learned judge therefore held that a reference in such a case on an application under section 435 criminal p.c. was not permissible.6. it also appears that the ..... magistrate outside district simla. that application was rejected by our learned brother d. b. lal primarily on the ground that the magistrate holding an inquiry under section 176 cr. p.c. was not acting as a court and no iudicial proceeding had begun vet. the order passed by the district magistrate for the inauiry to be held by the .....

Vidyadhar and anr. Vs. Sita Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1956HP2,1956CriLJ45

..... 193, i. p. c., on the ground that the plan and the revenue extracts, filed along with the plaint, had been fabricated. the subordinate judge held an inquiry under section 476, cr. p. c., and came to the conclusion that the plan and the revenue extracts had been fabricated and, accordingly, directed the ..... article 227 of the constitution and section 115, c. p. c. 4. section 439, criminal procedure code, has,obviously, no application here, because neither the district judge, nor the subordinate judge, was acting as a. criminal court, when they passed the orders in question. 5. similarly, article 227 of the constitution is not applicable here. that article confers ..... to cause obstruction to the water-pipes and the tank.the plaintiff (vidyadhar), therefore, sought a perpetual injunction restraining sita ram from committing the aforesaid acts of trespass and a mandatory injunction directing the defendant to demolish the structure erected by him. in support of his claim, the plaintiff filed a plan .....

High Court of Himachal Pradesh Vs. Shri Manoj Kumar Bansal and ors.

Court : Himachal Pradesh

..... .1997, but on 15.2.1997, when another application was moved, he granted bail which was later on set aside by the learned sessions judge on 26.3.1997. the inquiry officer holds that the learned judge assumed jurisdiction not vested in him by law and the charge was established. on charge no. ix, the allegation is that respondent no. 1 ..... order / judgment has been obtained by corrupt motive/ influence etc. which is a serious matter.22. on article of charge ix, the learned single judge holds that the evidence of pw-16 on the inquiry file shows that manoj kumar who had been sentenced by respondent no. 1 who availed the remedy of a revision which was dismissed. surely, if ..... had sentenced one manoj kumar for five days under section 34 of the police act though he had remained in custody for 14 days, but the .....

A.D. Bali Vs. Himachal Pradesh Administration

Court : Himachal Pradesh

Reported in : AIR1959HP12

..... inquiry has followed the language of section 5(1) (d) of the prevention of corruption act only to show clearly what the allegations against the petitioner are. it was contended that since the petitioner is not being prosecuted of any offence under the prevention of corruption act, no question of taking the case to the court of the special judge ..... but which is not required by law to try a matter judicially and on legal evidence.''it is true that the commissioner appointed to make an inquiry under the public servants (inquiries) act, 1850, is invested with some of the powers of a court, particularly in the matter of summoning witnesses and compelling the production of documents ..... and punishment for an offence as contemplated by article 20 (2) of the constitution.''in an inquiry under the public servants (inquiries) act, 1850, there is neither any question of investigating an offence in the sense of an act or omission punishable by any law for the time being in force, nor is there any question .....

Deep Chand Sood and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ831

..... notification dated 6.7.1995 issued by the government of himachal pradesh, department of home, appointing a commission of inquiry under the commission of inquiry act, 1952, to be conducted by mr. r.l. khurana, district and sessions judge, kangra at dharamsala, and has urged that as this commission has to enquire all the matters, at this ..... rescue operations expeditiously as pointed out by respondent no. 4. subsequently, a judicial probe was ordered under the commission of inquiry act, 1952 vide order dated 6.7.1995 which is under progress. besides, this court ordered inquiry to be conducted by the central bureau of investigation by order dated 2.8.1995. thus, the judicial ..... fee and collected crores of rupees over the year under the garb of providing education to the children. the nature of the case is such that inquiry by central bureau of investigation is called for and for seeking the reliefs, there is no other efficacious alternative remedy available to the petitioners except through .....

Dr. S.R. Mehrotra Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR1997HP51

..... balances. 25........... ' the information provided to the stategovernment regarding the alleged behaviour of the executive council emanated mainly from the inquiry report-of late mr. justice chel ram thukur, retired high court judge who has highlighted the misuse and arbitrary exercise of powers by the executive council in a number of cases. some of ..... already made a reference to the provisions of section 50 of the state of himachal pradesh act. it is needless to point out that the provisions of the himachal pradesh general clauses act, 1968 as amended by the himachal pradesh act no. 18 of 1971 would also enable any court to interpret the provisions of the amended ..... act in the proper perspective. hence, the contention is rejected.(f) ultra vires the constitution and (g) .....

Lalit Sen Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP32

..... took proceedings in this file (file no. 66 instituted on 1-1-1965) and allowed compensation of rs. 3434.50 to the appellant vide his order dt. 9-7-1968 for the land of the appellant measuring 1491 bighas and 3 biswas. 20. the compensation officer could only start proceedings for assessment and payment of compensation after the final attestation ..... has to be held that the land of the appellant, which was the subject matter of the inquiry, did not vest in the state government. 24. as a result of the above discussion, the present appeal is accepted and the order of the learned single judge dt. 26-7-1971, dismissing the writ petition is set aside. the prayer of the ..... 1071-2-0 bighas situate in village sunder nagar on the ground that this land vested in the state government under section 27 of the act. 5. the appellant being dissatisfied by the orders of the compensation officer, mandi dt. 9-7-1968 preferred a civil writ petition with a prayer that the orders of the compensation officer dt. 9-7 .....

Union of India (Uoi) Vs. Kedareshwar

Court : Himachal Pradesh

Reported in : AIR1959HP32

..... sought a mere declaration, i.e. without claiming arrears of salary and, consequently, the suit would be hit by the proviso to s. 42, specific relief act. the learned district judge has held that it was not incumbent upon mr. kedareshwar to sue for arrears of salary in addition to a declaration, as, in his opinion, the two ..... to be granted invalid pension, vide art, 182 of the mandi civil service regulations. the public servant concerned was not entitled to any show cause notice, or inquiry, but the authority ordering retirement could adont any just and reasonable procedure. these findings have been vigorously assailed by both sides. the learned counsel for the appellant submitted ..... order and what was the procedure to be followed in such a case? this is the subject-matter of issue no. 3 remitted to the district judge. the district judge has reported that a permanent public servant of the former mandi state could be compulsorily retired or his services terminated on 18-11-1948, vide article 186 .....

State of Himachal Pradesh Vs. Arjun Singh

Court : Himachal Pradesh

Reported in : 1985CriLJ245

..... not to be tried under the ordinary law as found in the code of criminal procedure but dealt with under the relevant provisions of the act these provisions contemplate no trial but only an inquiry which is conducted according to the procedure that may be prescribed and subject thereto the procedure laid down in the code of criminal procedure for ..... was sufficient to put the committing court as well as the trial court on its guard and prompt them to hold an inquiry with respect to the age of the accused in fact the learned sessions judge in his impugned judgment has himself found that the date of birth of the accused is 10-5-1964 which means that ..... above conviction and sentence. the state has also preferred an appeal being criminal appeal no. 16 of 1982 against the above order of sentence recorded by the sessions judge seeking enhancement of the sentence imposed upon the accused this court also took suo motu notice of the sentence imposed on the accused for the offences under sections 363, .....