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parag (pune)     30 August 2012

Power of lawyer

lawyer can investigate the case?

or

 lawyer can inquiry the case?

under which law or sec can do 



 10 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     30 August 2012

lawyer has to understand the case entirely for that he has to collect as much information he can  in regards to that case . so that he can fight that case.

parag (pune)     30 August 2012

sir i understand that thing but sir my question is they have power to invetigate the case as police officer do or they just they can inquiry 

Adv. Nikhil Seth (legal consultant (9867264707))     30 August 2012

they can only inquire  but dont have any particular power to investigate a case. .Investigaton can be done by police authoritiies or people who have been given such power .

Advocate Ramesh (member)     30 August 2012

In your question itself you are mentioning police officer, then I don't know why you are asking such a question , But as for as civil cases concerns the advocate may be appointed as commissioner to know the truth of the case. As for as criminal case concern, it is much different

ashok kumar (Social Worker)     30 August 2012

Lawyers have no Power to Investigate any case as Police Officer

They can only represent a party in a Court of Law and except for this they are just as ordinary a cirtizen as you and me

To represent a person teh Lawyers can make enquiries about the issues realted to the case but they do not enjoy any special Powers to make such enquiries and  they will do that only under teh General Rules available to any other citizen (However in practice, teh Govt Employees, Officers, Police etc willl  not play foul with teh lawyers and will provide them the same information with much more ease as comapred to an ordinary citizen "Jiske ghode khul jaate hain ek thodi see jankaar lene mein"

However in practice the Lawyers enjoy lot of Social Powers and Status which are not available to an ordinary person 

 

For Example

No one will eaasily get into a quarrel with a lawyer easily unless the Lawyer has done something extremely serious

"Lawyers Se Koi jadli panga nahi leta hai aur bach ke chalne me hi bhalai saamajhta hai"

With the sticker of Lawyer on the car soem parking people will not even charge teh parking fee (You and may even be overcharged)

Any person in the Society including the Police will take special precaution to  ensure that they  do not use their "Special Language" while talkimng to a lawyer

 

The list is endless

 

Then there are certain negative effects also of being a lawyer

1.The landlords will not easliy give you their premises on rent

2.Some Banks will not give loans to Lawyers and will not accept their guarantees for other borrowers

3. Many Banks have put Lawyers in Negative List in the Credit Cards

parag (pune)     30 August 2012

thank u sir for ur valuble information i have posted this question bcoz has i am a lawyer and i have open the firm of "Top cyber crime investigation" should i use word inquiry or investigation or private investigation, but i have one case of  i am pasting here

parag (pune)     30 August 2012

 

In Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1175, the Court held that authorised or empowered officer under Foreign Exchange Regulation Act or Customs Act is empowered with power of investigation though not with power of filing final report as in case of Police Officer. It cannot be said that either the Officer of Enforcement or the Customs Officer is not empowered with the power of investigation though not with the power of filing a final report as in the case of a Police Officer. The word `investigation' cannot be limited only to police investigation but on the other hand, the said word is with wider connotation and flexible so as to include the investigation carried on by any agency whether he be a police officer or empowered or authorised officer or a person not being a police officer under the direction of a Magistrate to make an investigation vested with the power of investigation. The expression `investigation' has been defined in S. 2(h). It is an inclusive definition. It being an inclusive definition the ordinary connotation of the expression `investigation' cannot be overlooked. An "investigation" means search for material and facts in order to find out whether or not an offence has been committed. It does not matter whether it made by the police officer or a customs officer who intends to lodge a complaint. The word `investigation' though is not shown in any one of the sections of the Customs Act, certain powers enjoyed by the police officer during the investigation are vested on the specified officer of customs. However, in the FERA the word `investigation' is used in various provisions, namely, Sections 34, 37, 38 and 40 reading.".......any investigation or proceeding under this Act......." though limited in its scope.

ashok kumar (Social Worker)     30 August 2012

whether you use the word "inquiry" or"investigation" in teh name of your firm does not amek any difference!

You ahve as much poers to investigate or inquire as a lawyer as any ordinary citizen has. But because you are a lawyer so public will coem to you with their cases hoping that you must be knowing teh Law related to your chosen field of activity. 

Te difference between a Lawyer investigaating a  case and an ordinary person doing so is that a Lawyer has the legal bent of mind an the knowledge of teh relevaant laws so he will collect such information only which is useful  for teh case. An ordinary person would mostly go by his individual frrlings and emotions and not by law

 

You must note that there is no restriction on a lawyer or any one investigating a case or a matter in his Private Capacity. But teh facts gathered cannot form a part of any official document unless legally acknowledged by soem due process of law.

I will give u an example

There are public spirited Lawyers who file PILs

Now before they fiel PILs tehy have to do a lot of investigation and research and enquiry. But the information that they gather cannot be accepted as an Official document. But when they fiel a PIL on teh basis of that information and that information is vetted by Courts and is used in Judgements it becomes a part of teh official records

parag (pune)     31 August 2012

thank u sir i appreciate ur help

Priyanshu Raj   07 April 2020

What would happen if a lawyer with his son come at a shop in investigating a case of civil cases and threat a shopkeeper of the shop and talk very cruely to the shopkeeper . What should we do at that time ?

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