Pertaining to Section 397 (revision)
Querist :
Anonymous
(Querist) 08 July 2011
This query is : Resolved
In a lower court, a case was booked under section 120B, 406, 409, 418, 420, 467, 468, 471, 477A, after examining the balance sheets of the Company.
Summons were issued, then BW and subsequently NBW were issued, but the directors of the company along with auditors who were issued the BW's but they kept ignoring them, when NBW was issued.
The Company and only one of its Director moved an application to the District Judge under limitation act, 5 and also in 397, stating that the whole case should be put to revision.
The district Judge said that your delay is accepted under limitation Act, 5.
My Query is:
1) Can the Company's Director move to District Judge, while other are not in the picture.
2) Does District Judge have the power of Revision, (after NBW have been issued) without the accused never appearing in the court in the first place itself.
3) Is BW and NBW considered as Interlocutory order? If, So then which section or ruling we can find this?
sumant singh
(Expert) 08 July 2011
you answer to the question no.1 & 2 is "yes:.
and 3 is "No". issuance of warrant by a court is a revisable order. and revision against the said order lie before the District/session judge or high court.
Any order which affects/determine the rights of the parties, against such order revision is maintainable. Even though the said order may be interlocutory order, revision is maintainable. It is not true that revision is not maintenable against all types of interlocutory order. An interlocutory order which affects/determines the rights of the parties is revisable one. (perhaps Madhu lemhe case.)
sumant singh
(Expert) 08 July 2011
you answer to the question no.1 & 2 is "yes:.
and 3 is "No". issuance of warrant by a court is a revisable order. and revision against the said order lie before the District/session judge or high court.
Any order which affects/determine the rights of the parties, against such order revision is maintainable. Even though the said order may be interlocutory order, revision is maintainable. It is not true that revision is not maintenable against all types of interlocutory order. An interlocutory order which affects/determines the rights of the parties is revisable one. (perhaps Madhu lemhe case.) if want any clarification call 9706050280.
sumant singh
(Expert) 08 July 2011
you answer to the question no.1 & 2 is "yes:.
and 3 is "No". issuance of warrant by a court is a revisable order. and revision against the said order lie before the District/session judge or high court.
Any order which affects/determine the rights of the parties, against such order revision is maintainable. Even though the said order may be interlocutory order, revision is maintainable. It is not true that revision is not maintenable against all types of interlocutory order. An interlocutory order which affects/determines the rights of the parties is revisable one. (perhaps Madhu lemhe case.) if want any clarification call 9706750280
