Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 8 of about 434 results (0.153 seconds)

Hannah Vs. Larche

Court : US Supreme Court

..... that a man be indicted by grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge." this commission has no such guarantee of fairness. its members are not drawn from the neighborhood. the page 363 u. s. ..... organization to all outward seeming engaged in lawful objectives. . . ." ibid. nothing like such characterization can remotely be made regarding the procedure for the proposed inquiry of the commission on civil rights. contrariwise, decisions arising under the due process clause of the fourteenth amendment strongly support the constitutionality of what is here ..... those concerns that are the normal impulse to legislation and the basis for it. to impose upon the commission's investigations the safeguards appropriate to inquiries into individual blameworthiness would be to divert and frustrate its purpose. its investigation would be turned into a forum for the litigation of individual culpability .....

Abul Hasan Vs. Works Manager, Northern Railway, Lucknow

Court : Allahabad

Reported in : AIR1961All338; (1961)ILLJ424All

..... an administrative order with which the instant petition is concerned. the distinction between decrees and orders passed in civil suits and orders of dismissal passed on a departmental inquiry and those passed by some higher officer dismissing an appeal therefrom was considered1 by their lordships of the supreme court in the case of state of u. ..... for several years. he was departmentally charged for being found unlawfully in possession of railway property on the 18th november, 1953, and as a result of the inquiry which followed he was held guilty of the charges and also asked on the 8th april, 1954, to show cause why he should not be removed from ..... which he ultimately filed to the custodian general under section 27 of that act remained unsuccessful. the petitioner then presented the petition which came up for decision before the learned judges in the above case.it was in these circumstances that the learned judges came to the conclusion that the order of the assistant custodian and of .....

The J.K. Cotton Spinning and Weaving Mills Co. Ltd. Vs. the State of U ...

Court : Supreme Court of India

Reported in : AIR1961SC1170; [1961(2)FLR529]; (1961)ILLJ540SC; [1961]3SCR185

..... manager, shall during the continuance of an inquiry or appeal, discharge or dismiss any workman.' 5. section 24 provides that every order made or direction issued under the provisions of this government ..... words :- 'save with the written permission of the regional conciliation officer or the additional regional conciliation officer concerned, irrespective of the fact whether an inquiry is pending before a regional conciliation board or the provincial conciliation board or an appeal is pending before the industrial court, no employer, his agent or ..... another act, the rule cannot apply in resolving a conflict between general and special provisions in the same legislature instrument. this suggestion does not find support in either principle or authority. the rule that general provisions should yield to specific provisions is not an arbitrary principle made by lawyers and judges but .....

Andhra Scientific Co. Ltd. Vs. A. Seshagiri Rao and anr.

Court : Supreme Court of India

Reported in : AIR1967SC408; (1961)IILLJ117SC

..... of procedure which are referred to as rules of natural justice is to ensure fairplay. let us, therefore, see what happened in this case during the inquiry. the inquiry was commenced by the general manager himself and when five witnesses had been examined, ramanatha babu took over the enquiry and examined the general manager as a witness ..... nooh, where the district superintendent of police, presided over the enquiry except when he himself was examined as a witness, and also gave the decision, in an inquiry against a police constable. in substance, however, there is hardly any difference. one can see that in the facts of this case the general manager and ramanatha babu ..... formed practically one entity, with two bodies. at one stage, the first acts as a judge; at a later stage, he steps down as a witness; and the second becomes a judge. there is the further fact here that the person who gave the actual decision had actively been procuring the evidence .....

K. Krishna Warrier Vs. T.R. Velunny

Court : Kerala

Reported in : AIR1960Ker350

..... questions were raised:first, whether shri t. r. 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. his examination ..... a district magistrate he had any such duty to discharge. the contention of the learned government pleader was, that having been appointed as commissioner of inquiry under the act and having submitted his report to government, he could he authorised by government to prefer the complaint, and if so, it must be deemed, that he ..... assuming as commissioner of inquiry, he was a public servant, it was not part of his duty to prefer the complaint. i cannot also accept the view taken by the learned judge below, that by the mere order of government authorising the complainant to prefer the complaint, he could be deemed to be acting in the discharge of .....

Sethia Properties, a Dissolved Firm Vs. T.R. Bhavnani and ors.

Court : Kolkata

Reported in : AIR1961Cal199,1961CriLJ472,64CWN899

..... premises rent control rules 1950 is ultra vires?'2. rule 9 above referred to is quoted below : '9. in making inquiries under the act, the controller, the chief judge of the court of small causes, calcutta, the district judge or the judicial officer to whom the case may be transferred under the provision of clause (a) or clause (b) of ..... creating a new criminal court was ultravires the legislature of the governor-in-council of bengal (it) that rule 4, framed under section 23 ofthe rent act for regulating the procedure in inquiries by the president of the tribunal, in so far as it did provide that the procedure laid down in the code of civil procedure, 1908, ..... rule 9 of the west bengal premises rent control-rules, 1950, in so far as it made the civil procedure code applicable to inquiries into offences created! by the act is ultra vires section 47 (2) (g) of the act.77. let the matter be now placed before the learned chief justice, with the conclusion and answer, for necessary direction.78 .....

State Vs. Radhamal Sangatmal Sindhi

Court : Mumbai

Reported in : 1960CriLJ1575

..... , therefore, incapable of understanding the nature and substance of the proceedings against him. in view of this finding, it passed an order on 17 3 1959 that the inquiry 3hould proceed against the accused under section 207a read with section 341 of the cr, p. g. thereafter, the prosecution led the necessary evidence against the accused and ..... the accused was deaf, and the high court held that ths9 conviction for murder was justified and that it was not vitiated by the fact that the sessions judge felt himself unable to question the accused with regard to the evidence appearing against her, inasmuch as there had been no miscarriage of justice,4. our attention was ..... of the proceedings against him would not exempt him from punishment if it be shown and found that he had sufficient intelligence to understand the criminal character of his act.6. in our judgment; therefore, as the learned magistrate has found that the accused is deaf and dumb and unable to follow the proceedings against him and .....

State of Kerala Vs. Varghese Vaidyan and ors.

Court : Kerala

Reported in : AIR1961Ker1; 1961CriLJ63

..... a clear classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice. this basis of classification is clearly connected with the ..... commission of the offence were not examined. in crl. ref. no. 13/58 also an identical recommendation has been made on the identical ground by the sessions judge at ernakulam in respect of the committal order which is the basis of sessions case no. 14/58 on the file of the ernakulam sessions court.the position is ..... sufficient grounds for committing the accused, he may pass an order to that effect; and otherwise he may discharge the accused. in either case, the magistrate will be acting strictly in accordance with, the provisions contained in clauses (4) to (7) and there will be no illegality in the order passed by him. the provisions contained .....

Mohammad Vs. the State

Court : Rajasthan

Reported in : AIR1961Raj174

..... magistrate in that case did not record any evidence whatsoever.he simply went through the documents produced by the police and committed the accused to the court of the sessions judge, jodbpur. it was held that 'where a case rests on evidence other than the evidence of persons who witnessed the actual commission of the crime, a proper ..... against the applicant and so he committed him to the court of session.4. now, the main argument, which was raised by the applicant before the learned sessions judge and which has been again stressed before this court is that the magistrate did not examine all the material witnesses, that he failed to comply with theprovisions of section ..... police report and a case instituted otherwise than on a police report. it was by the said amendment act (no. 26 of 1955) that section 207a was introduced for the first time and a separate procedure was laid down for inquiry (into cases triable by the court of session) by a magistrate in a proceeding instituted on a police .....

Flemming Vs. Nestor

Court : US Supreme Court

..... of the grounds specified in 202(n), his old-age benefits were terminated shortly thereafter. he commenced this action in a single-judge district court, under 205(g) of the social security act, to secure judicial review of that administrative decision. the district court held that 202(n) deprived appellee of an accrued property ..... trusted, and political liberty must be restrained." "james madison challenged this latter doctrine. the investigative power of congress over persons, he contended, was limited to inquiry into the conduct of individuals in the public service. 'opinions,' he said, 'are not the subjects of legislation.' start criticizing people for abuse of their ..... page 363 u. s. 637 is ground for the inference of a congressional concern with the administration of the social security program. only after this inquiry would i consider the application of the presumption. the court seems to acknowledge that the statute bears harshly upon the individual disqualified, but states that .....