Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 9 of about 434 results (0.279 seconds)

Levine Vs. United States

Court : US Supreme Court

..... witness. appeal may be made to the court under whose aegis the grand jury sits to have the witness ordered to answer the grand jury's inquiries in the judge's physical presence, so that the court's persuasive exertion to induce obedience, and its power summarily to commit for contempt should its authority be ignored ..... resolved not to answer at all, petitioner then might well have insisted that, as summary punishment was to be imposed, the courtroom be opened so that the act of contempt, that is, his definitive refusal to comply with the court's direction to answer the previously propounded questions, and the consequent adjudication and sentence, might ..... to a subpoena, petitioner appeared as a witness before a federal grand jury in the southern district of new york engaged in investigating violations of the interstate commerce act. he was asked six questions relevant to the grand jury's investigation. after consultation with his attorney, who was in an anteroom, he refused to answer them .....

East Asiatic and Allied Companies, Bombay Vs. Shelke (B.L.)

Court : Mumbai

Reported in : (1961)ILLJ162Bom

..... conciliation or not, cannot be properly regarded as a part of the conciliation proceedings. they are, what they purport to be on their face, only preliminary inquiries and merely because such inquiries are held, the hands of the conciliation officer cannot be said to be bound in any way. mr. neemuchwalla then said that mr. shelke had not ..... drawn a line of distinction between what is made obligatory by it and what is made discretionary. such being the position, we have no doubt that the learned single judge was right in holding that the conciliation officer had, in this matter, a discretion whether to enter upon conciliation or not. 8. the next and the most important ..... him in the shape of letters addressed to him and to other officers in the labour department by the union, it could well be said that he has acted arbitrarily or acted on insufficient material. in order to avoid such a charge against him, if a conciliation officer embarks upon a preliminary enquiry, can it be properly said .....

Sodhi Sukhdev Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : AIR1960P& H407

..... , or detrimental to good diplomatic relations.'a little lower down at page 236 of the report the same learned judge spoke as follows:'i am, therefore, unable to accept the contention that the court can hold no inquiry into the validity of the objection the moment privilege is claimed by the head of the department. it is ..... those tentative decisions are merely proceedings of the cabinet, which being the unpublished records of the affairs of state fall within the purview of s. 123, indian evidence act, and thus protected or privileged from production in court. the affidavit by the chief secretary, when he says that the disclosure of these documents is prejudicial to the ..... state. i regret it is not possible for me to hold these grounds to be sufficient to bring the documents within the purview of section 123, indian evidence act, as construed by the aforesaid full bench decision of this court.(9) this case brings out prominently an apparent conflict between what may be considered by the chief .....

Krishna Bhatta Vs. Ananta Bhatta

Court : Kerala

Reported in : AIR1961Ker309

..... after notice to the government header) sees no cause to direct such enquiry'.it follows that in several cases of applications for leave to appeal, there need not be any inquiry into the pauperism of the applicant. if no enquiry is to be held, no notice need be issued to the respondent before granting leave to appeal as pauper. if ..... to institute the suit in forma pauperis, for further leave to appeal as pauper, from the decree dismissing his suit. notice on this application was ordered by a learned judge of this court on 23-6-1959; and the respondent and the government pleader have entered appearance in response thereto. the question now is whether, at this stage, the ..... that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.'the sub-rule (2) was newly introduced by act lxvi of 1956. formerly in its place there was a proviso which reads as follows : 'provided that the court shall reject the application unless, upon a perusal; thereof .....

S. Neelakanta Iyer Vs. State of Kerala

Court : Kerala

Reported in : AIR1960Ker279; (1960)IILLJ398Ker; (1960)IILLJ398Ker

..... what after all is the purpose of holding an enquiry? in venkataraman v. union of india, air 1954 sc 375, speaking with reference to the public servants (inquiries) act, xxxvii of 1850, which in a sense may be deemed to be in pan materia with rules for taking disciplinary action, the supreme court considered the only purpose ..... reasonable opportunity that is posited, is of the civil servant to establish his innocence concerning the accusations on which he is sought to be punished, and must be judged with reference to himself and not others. this is not to ignore the responsibility of the punishing authority, for, it is far too elementary to state, that ..... the kerala rules, to be held on the complaint for 'indecent behaviour and misconduct' on his part, and committed the enquiry to the enquiry commissioner and special judge who may he referred to hereafter as the commissioner. upon the complaint, the commissioner framed a charge against the petitioner, the substance of which was, that after .....

Rukmanibai W/O. Kasturdas Dharamdas Vs. the State of Gujarat

Court : Gujarat

Reported in : (1960)1GLR179

..... down in that sub-section. a proceeding contemplated by the sub-section is the passing of an order deciding claim after a formal inquiry. therefore when the notification uses the words 'to take steps for removal of encroachment on government land those words must mean and ..... the plaintiff was not taken in the plaint nor was such contention raised either in the trial court or before the learned assistant judge. it would not therefore be proper to allow mr. shah to raise such a contention for the first time in second appeal ..... challenged the order of dismissal of the plaintiff's suit by the trial court and the learned assistant judge. his first contention was that the finding by the courts below that the suit was barred both under section 11 of the bombay ..... act no. xi of 1912. under sub-section (9) it is provided that where any property or any right in or over any property is claimed by or on behalf of government it shall be lawful for the collector or a survey officer after a formal inquiry .....

Thakar Das Vs. State

Court : Jammu and Kashmir

Reported in : 1960CriLJ1080

..... in which f the accused can know that he is holding an in-' quiry and not a trial is by the magistrate informing the accused that he is holding an inquiry under ch, xviii and not a trial. if he fails to do so, the accused can reasonably conclude that a trial is being held. the fact that in the ..... statement. in these circumstances, the offence, in my opinion, would fall under section 324 and not under section 307 r. p. c. as has been held by the additional sessions judge.16. the learned counsel for the appellant has argued that the trial was vitiated because the appellant was not given opportunity to produce evidence in defence in the committal proceedings ..... at the complainant. in order to bring home the offence under section 307 the prosecution must show that the accused had done an act with such a guilty intention and knowledge, that but for some intervening fact the act would have amounted to murder in the normal course of events. there is not an iota of evidence that the accused had fired .....

Mongibai Hariram Vs. the State of Bombay

Court : Mumbai

Reported in : (1960)62BOMLR1077

..... of the government. this contention was contained in ground (t) of para. 15 of the petition. so far as the first of those contentions was concerned, the learned judge did not think it necessary to decide it, inasmuch as the counsel for the petitioners did not press it. as regards the second contention, it was negatived by the ..... was heard by mr. justice mody.3. at the hearing of the petition, out of several contentions raised by the petitioners, only four were urged before the learned judge. the first of them was that the petitioners had given to the respondents intimation of the vacancy by their letter dated may 3, 1959, that under section 6(3 ..... the premises in question, and if they could, whether they could allot them to k.a. nambiar. having made the necessary inquiries the respondents came to the conclusion that under the provisions of the landrequisition act and in the circumstances of the case, they could validly exercise their powers to requisition the premises, and allot them to k.a .....

Laxmi Chand Agarwal Vs. the State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : AIR1962All117

..... be, shall thereupon, notwithstanding anything contained in sub-section (1) of section 58, or 67 or 69, proceed to consider the report and may, after such further inquiry as it may deem necessary, punish, dismiss, remove or exonerate the executive officer or the secretary or such other officer to whom section 69 applies, as the case may ..... of the charges framed. (3) the enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules. (4) after the inquiry is completed, the president shall submit the record with his own recommendation to the state government or to the board as he may consider fit. the state govt. or ..... e., authorities who are empowered to discharge quasi-judicial functions.6. this general rule, however, has an exception and that is that a judge who would otherwise be disqualified may act in a case of necessitywhere no other judge has jurisdiction (see natural justice by h. h. marshall, 1959 edition, p. 38). in the case of serjeant v. dale, (1877 .....

Nripendra Nath Bagchi Vs. Chief Secretary, Govt. of West Bengal

Court : Kolkata

Reported in : AIR1961Cal1,65CWN361,(1961)IILLJ312Cal

..... directions and mandates, and the power to take steps against persons disobeying the directions or mandates as also the power of calling in question the acts and conduct of district judges who are found to be guilty of any misconduct or remissness of duty, must inhere in the high court. it is wellknown that when a ..... both administrative and judicial control over the district courts and the subordinate courts, and so it is the exclusive jurisdiction of the high court to bold an inquiry into the charges made against the judicial officer; and after the charges are established and tbe punishment of dismissal or removal mentioned in article 311(2) is ..... proposed to be inflicted, makes it clear that the dismissing authority is burdened with the obligation of giving such reasonable opportunity after the high court has made inquiry into the charges against the judicial officer concerned and determined provisionally that the punishment of dismissal or removal has to be inflicted upon the officer. both .....