Court : Delhi
Reported in : 70(1997)DLT671
..... the case, all the provisions of sub-section (2), sub-section (3), sub-section (4) and sub-section (5) of sections of the commissions of inquiry act, 1952 (60ofl952),should be made applicable to tile said commission and the central government, in exercise of the powers conferred by sub-section (1) of the said section 5, hereby directs that all the provisions ..... of the ram janma bhoomi-babri masjid structure at ayodhya on 6th december, 1992. now, thereforee, in exercise of the powers conferred by section 3 of the commission of inquiry act, 1952 (60 of 1992) the central government thereby appoints a commission of inquiry of justice shri manmohan singh liberhan, a sitting judge of the high court of punjab and havana. 2.the ..... order, annexure f, dated 4.8.1995 passed by the liber han ayodhya commission of inquiry (for short 'the commission') and for quashing of notice, annexure c, dated 28.4.1995 issued under section 8-b of the commission of inquiry act, 1952 (act no. 60 of 1952) (hereinafter referred to as 'the act'). (2) the central government, in exercise of its powers under sections of ..... central government in exercise of powers conferred by section 3 of the commission of inquiry act, 1952 (hereinafter called 'the act') has appointed vide notification no. so 913(e) dated 16th december, 1992 a commission of inquiry consisting of hon'ble justice shri manmohan singh liberhan, for the purpose of making an inquiry into the destruction of ram janma bhoomi-babri masjid structure at ayodhya .....Tag this Judgment!
Court : Orissa
Reported in : 1995(II)OLR177
..... instance of s. s. bhanja deo as petitioner challenging the order dated 22-11-1994 and order dated 8-12-1994 and 9-12 1994 made by the commission constituted under the commission of inquiry act.2. it is observed frequently that past is history, present is tension and future is speculation. truely consistent with this dictum these two cases have its own history ..... to a decision reported in air 1983 ap 69 : md. ibrahim khan v. susheel kumar and anr.. by considering the scope of sections 8b, 8c and 8 of the commission of inquiry act, it has been found after discussing a catena of decisions of different high courts as well as of the apex court that only when a witness is examined viva voce ..... affidavits.in paragraph 53, the division bench has summed up their conclusions as follows :(i) the use of the, accolade judicial or quasi-'judicial to inquiries under the commissions of inquiry act, strictly speaking is inappropriate. (ii) a quasi-judicial inquiry equally presupposes like a judicial inquiry the existence of a dispute between two or more parties and investigates and declares the liabilities, (iii) before a ..... advocate-general.3. considering the submissions made on behalf of the respective parties, we find the scheme in section 8b of the commission of inquiry act, 1952 (for short, 'the act') indicates, inter alia, that if at any stage of the enquiry the commission (a) considers it necessary to enquire into the conduct of any person; or (b) is of the opinion that the reputation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; Supp2SCR1
..... proceedings for removal were initiated against mr. justice vasta of the supreme court of queensland and for that purpose, the queensland legislature enacted the parliamentary (judges) commission of inquiry act, 1988 whereby a commission comprised of three retired judges respectively of the high court of australia, supreme court of victoria and the supreme court of new south wales was constituted.16. ..... resolve the situation by establishing a second committee and in view of certain other facts an ad hoc legislation was passed under the name of parliamentary commission of inquiry act, 1986. under this act further steps were being taken when mr. justice murphy moved the high court of austraila for an order of injunction challenging the validity of the ..... court of criminal appeal. fresh trial was held whereunder the judge was found not guilty. thereafter, an ad hoc legislation, namely, parliamentary commission of inquiry act, 1986 was enacted by the commonwealth parliament and a commission consisting of three retired judges respectively of supreme court of victoria, supreme court of australia capital territory and the federal court and supreme court ..... of mr. justice ivan c. rand, a retired judge of the supreme court of canada was appointed under the inquiries act r.s.c. 1952 c. 154 to conduct an enquiry. after considering the report of the said commission, a joint committee of the houses recommended removal but the judge resigned while parliament was preparing for his removal by joint .....Tag this Judgment!
Court : Supreme Court of India
Reported in : [2008(1)JCR38(SC)]; JT2007(5)SC472; 2007(5)SCALE406
..... the state government are deeply concerned about the incident of firing and are of the opinion that, this being a matter of public importance, should be inquired into by a commission of inquiry under the commission of inquiry act, 1952,3. now therefore, in exercise of the powers conferred by section 3 read with sub-section (1) of section 5 of the said ..... act, the state government do hereby appoint a commission of inquiry consisting of hon'ble shri justice a. suryanarayan naidu, a sitting judge of orissa high court, to inquire into and report in respect of the ..... shall apply, accordingly.5. the headquarters of the commission shall be at cuttack. however the commission may hold the inquiry in kalinga nagar or any other place also as may be considered necessary ..... of the opinion that having regard to the nature of inquiry to be made and the other circumstances pertaining to the incident, it would be appropriate that the provisions of sub-sections (2), (3), (4) & (5) of section 5 of the said act should apply to the conduct of this inquiry, by the commission. therefore, the state government directs that the aforesaid provisions .....Tag this Judgment!
Court : Delhi
Reported in : 130(2006)DLT748
..... that the government can at its will establish a commission of inquiry under the commission of inquiry act or simply invoke its executive power to do so.(ii) if the government decides to institute a commission of inquiry under section 3 of the commission of inquiry act, 1952, the commission is under section 8b of the said act duty bound to afford to any person whose conduct ..... statute itself leaves it open to the government to appoint an authority by whatever name called, for the purpose of making an inquiry into any definite matter of public importance. section 11 of the commission of inquiry act, 1952 is in this regard clear. it empowers the government to extend to any such authority all or such of the ..... i) is the constitution of a fact finding inquiry commission/authority legally permissible de-hors the provisions of the commission of inquiry act, 1952?(ii) should resort to section 11 of the commission of inquiry act, 1952, necessarily result in the application of sections 8b and 8c of the said act to the proceedings before the inquiry authority/commission?(iii) is the right to demand copies of ..... inquire into certain definite matters of public importance. by another notification issued u/s 11 of the commission of inquiry act, certain provisions of the said act were made applicable to the said commission. the question that arose for consideration was whether an inquiry commission could be appointed by the government in exercise of the executive power vested in it. answering the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC3460a; Supp2SCR654
..... of the high court. on account of such inaction for a long period of time, the very purpose of the constitution of a commission of inquiry under the commission of inquiries act, 1952 gets frustrated and the argument that such commissions are appointed under the act only as an eye-wash acquires credibility.5. it is appropriate that when in a matter of 'definite public importance', a ..... commission of inquiry is appointed under the commissions of inquiry act, 1952, the state government should examine the report expeditiously and decide what action, if any, is required to be taken on that report promptly. to keep a report pending for ..... in september, 1982 was considered by state cabinet and the following decisions were taken by it.(i) report of the commission be tabled on the floor of the house in accordance with the provisions of section 3(4) of the commissions of inquiry act, 1952.(ii) report relating to the incident of 20.9.1982 was received by the state government in november, 1988 ..... . since then up till now no former government considered it proper to take any decision. the commission did not find any particular person responsible and in spite of expressing .....Tag this Judgment!
Court : Delhi
..... of justice leila seth, a former chief justice of himachal pradesh high court by a notification dated 27th july 1995 under section 3 of the commission of inquiry act, 1952. the report of the leila seth commission of inquiry (lsci) dated 25th february 1997, inter alia, dealt with the question whether in the death of rajan pillai, there was negligence on the ..... prisoner has no choice regarding the quality or type of treatment. the liability of the state, therefore, is even greater. 76. the reports of the national human rights commission (nhrc) bear testimony to the instances of deaths in judicial custody which have not shown a declining trend over the years. these include the deaths in judicial custody in ..... hospital. investigation facility for biochemistry, pathology, x-ray, ecg available in all jails. a 120 bedded drug de-addiction centre functioning in central jail hospital. physiotherapy unit has been commissioned at central jail no.2, tihar. anc screening facility in central jail no.6. geriatrics opd services in central jail no.6. various specialists - medicine, ophthalmology, orthopedics, chest ..... as other prayers are concerned, it is the contention of the petitioner that prison reforms have already started. mr. tulsi joins in to state that the recommendations of the commission have been substantially implemented. the matter requires detailed consideration. rule." 5. an application had been filed by rajan pillais mother seeking impleadment in the writ petition. the said .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; 2SCR1
..... :1. is the suit maintainable?2. is the impugned notification ultra vires the powers of the central government under section 3 of the commissions of inquiry act ?3. if section 3 of the commissions of inquiry act authorises the central government to issue the impugned notification, is the section itself unconstitutional?259. the main question involved in the suit is one ..... suit are in the following terms :2. is the impugned notification ultra vires the powers of the central government under section 3 of the commissions of inquiry act ?3. if section 3 of the commissions of inquiry act authorises the central government to issue the impugned notification, is the section itself unconstitutional ?both these issues may conveniently be dealt with together. several ..... court :1. is the suit maintainable ?2. is the impugned notification ultra vires the powers of the central government under section 3 of the commissions of inquiry act ?3. if section 3 of the commission of inquiry act authorises the central government to issue the impugned notification, is the section itself unconstitutional ?16. an important preliminary question to be decided, for the ..... a minister is in no other way responsible, answerable or accountable for anything that he does while in office and he cannot be subjected to an inquiry under the commissions of inquiry act. this contention is based on a misconception of the true import and meaning of the doctrine of collective responsibility and as such cannot be countenanced. the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC2631; JT2001(5)SC416; 2001(4)SCALE327; (2001)6SCC50; 3SCR969
..... 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. proceeding in w.p.no.26456 of 1996 has been taken up on the basis of a report of the ..... andhra pradesh high court in writ petition no. 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. 468 dated 2.6.1997 ..... on behalf of the respondents that the terms of reference of the commission were decided by the state government.9. 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, however, held that 'readiness and willingness' for appointment of a commission does not connote the formation of ..... the chief minister of the state expressed on the floor of the state legislature that he has no objection for appointment of a commission of inquiry under the act to inquire into the serious allegations regarding irregularities in payment of compensation for the acquired land, it is reasonable to presume that he .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2005CriLJ4417,2006(1)JKJ165
..... of section 10, leaving no room for avoidance of mandate of section 10. apex court in a constitution bench judgment relating to the interpretation of provisions of j&k; commission of inquiry act, particularly section 10 in case reported in air 1967 sc 122, while interpreting the scope and ambit of section 10 clearly held that the safeguards provided under section 10 are ..... the petitioner as a police officer and his reputation without compliance of the provision of section 10 of the j&k; commission of inquiry act 1962;(iv) justice g; a. kuchhai was not eligible to be appointed as chairman, corn-mission of inquiry.13. separate objections have been filed by respondents no. 1, 3 & 4. as far as the reply filed by respondents no ..... , a-retired judge of the j&k; high court to enquire into fudging of dna samples. a notification constituting the commission and the terms of reference was issued being sro 106 dated 15th march, 2002 under the jammu & kashmir commission of inquiry act 1962. petitioner claims to have received a notice dated 25-7-2000 requiring him to file his written statement. a number ..... 714 : (1989 cri lj 903) the apex court considered a similar provision i.e. section 8b of the central commissions of inquiry act 1952 and while examining the right of a person whose reputation and conduct is prejudicially affected during the course of inquiry, the apex court held that any person whose reputation is likely to be prejudicially affected or has been affected as .....Tag this Judgment!