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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   18 December 2010 at 23:41

Maintainability of revision

The High Court has held that : "Revision not maintainable against order of magistrate u/s 156(3) directing the police to register and investigate the case because , if the FIR has not been registered, the revisionist is only prospective accused and if FIR has been registered, the remedy lies before division bench for quashing of FIR".

Can above order be challenged successfully before the supreme court ?

Anonymous   18 December 2010 at 23:37

Order for investigation

What is distinction between orders for investigation passed under 156 (3) and 202 ?

Anonymous   18 December 2010 at 23:33

Signature on FIR

Signature on FIR has been denied by the complainant and no evidence has been led by prosecution to establish the signature. Can FIR be relied upon ? or is it liable to be ignored?

Anonymous   18 December 2010 at 23:28

Possession - Finding of executive magistrate

Is decision of executive magistrate on question of possession binding on civil court while granting injunction on the basis of title ?

Anonymous   18 December 2010 at 23:23

125 CrPC

Is it necessary for the court to give reasons if maintenance is awarded from the date of application ?

Anonymous   18 December 2010 at 23:21

Effective date for granting maintenance

Is family court bound to specify the date from which maintenance is to be paid?

Anonymous   18 December 2010 at 23:12

Summoning after final report

Accused was not named in FIR. Police submitted final report against him u/s 173(2). But the magistrate did not accept the final report and issued process against said accused. Is course of action taken by the Magistrate legal ? Whether accused has right to be discharged on the ground that police did not found any incriminating material against him ?

Anonymous   18 December 2010 at 21:38

138 N.I.Act

Can a Pvt.Ltd. Company file a case u/s 138 n.i.act on issuing a letter of authority by a director to the representative to represent the company and duly sign and sealed by one of the director on his personell capacity. if no please refer me the judgement on this point.

Suresh Gandhi   18 December 2010 at 21:22

Resolution not made??

Complainant is private Ltd. company. Complaint filed by Power of attorney holder. The authority given by one of the director of complainant company. The resolution not found or proved by the complainant company. What action can be taken against complainant company?

Suresh Gandhi   18 December 2010 at 20:42

Resolution not made??

Resolution not made in favour of power of attorney holder.