Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commission of Enquiry Act 1952 - ss. B8 and BC - Non- compliance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Commission of Enquiry Act, 1952 - ss. B8 and BC - Non- compliance - Effect of - Held: Since the Commission C constituted under the Act, did not comply with the provisions of ss. B8 and BC which seriously prejudiced the accused, the report submitted by the Commission cannot be sustained - Appointment of new Commissioner.Constitution of India, 1950 - Art. 32 - Writ petition - Seeking damages and other reliefs - Against the State as well as private parties-accused - Holding them responsible for the 64 deaths and above 100 injuries in a fire accident which broke-out in a consumer exhibition - Held: Fact finding Commission constituted under Commission of Enquiry Act, E was not sustainable for non-compliance of statutory provisions - New Commissioner appointed and directed to submit his report - So long as the Commission is awaited, liability to pay damages cannot be fastened on the parties - The facts of the case show that there has been statutory violations and F negligence by the State authorities - Therefore, as an interim measure, State directed to pay some more amount to the victims, in addition to the amount it has already paid as compensation - The accused-organizers of the event also directed to deposit an amount of ss. 30 lakhs with the Court G to be kept in fixed deposit interest bearing account - Apportionment of the liability between different erring parties a/so to be decided after receipt of the report of the Commission - Commission of Enquiry Act, 1950 - Damages. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 513 |
Petitioner | Sanjay Gupta & Ors. |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2014] 8 S.C.R. 992 |
Judgement Date | 2014-07-31 |
Case Number | 338 |
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