Chapter XII of the Code of the Criminal Procedure Code, 1973 (for short, the Code) deals with information to the police and their powers to investigate. The Chapter deals, so to say, with A to Z of first information given to the police (in cognizable or non-cognizable cases), and police investigation leading to final report under Section 173 of the Code. Section 156 specifically deals with police officer’s power to investigate cognizable cases. A Station House Officer can investigate any cognizable case arising within the local jurisdiction of his police station (sub section (1)). His jurisdiction is co-terminus with the jurisdiction of the local Criminal Court as indicated in Chapter XIII of the Code. Under sub Section (3) of Section 156, any Magistrate empowered under Section 190 may order such an investigation as mentioned in sub section (1) of Section 156. Section 190, in turn empowers any Magistrate of the First class and any Magistrate of the Second Class specially … [Read more...] about Need for Sanction before passing an order for investigation u/s 156(3) of the Criminal Procedure Code, 1973
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Prof. Faizan Mustafa is a renowned law teacher who is presently working as the Vice- Chancellor of NALSAR University of Law, Hyderabad which is India’s leading National Law University. He was the Founder Vice-Chancellor of National Law University, Orissa where he had put to use the concept of ‘integration of knowledge’ and introduced highly innovative legal education curricula. He is the Advisor to National Law School & Judicial Academy, Assam. He is known for his institution building abilities and democratic leadership. He is also visiting faculty to several reputed institutions in India and abroad. He was the founder Director of KIIT Law School, Bhubaneshwar. He had also served the Aligarh Muslim University as its Registrar. He had also worked in the new area of Copyright Law and was awarded Ph.D. in the Intellectual Property Law in 1996. He was conferred the SAARC’s Best Law Teacher Award in 2014. He has written eight books and contributed more than 150 … [Read more...] about I Favour Uniform Civil Code In A Piecemeal manner: Interview With NALSAR VC Prof. Faizan Mustafa
Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule There is a difference between the federal rule governing class actions (FRCP 23) and the North Carolina equivalent (NCRCP 23). The length and precision of the federal rule is overwhelming when measured against the short and simple state rule.The Federal rule contains a specific provision allowing the presiding judge to alter or amend a class certification order: It says that "[a]n order that grants or denies class certification may be altered or amended before final judgment." FRCP 23(c)(1)(C).The NC Rule, by contrast, is silent on this subject. The Original Class Certification The ability of a Business Court to alter or amend a previously entered class certification order was at issue last week in an unpublished Order in Elliott v. KB Home North Carolina, Inc. Judge Jolly had … [Read more...] about Can An North Carolina Superior Court Judge Modify Another Judge’s Class Certification Order?
Companies doing business in California face a new threat in the coming year. Plaintiffs’ lawyers have started filing class actions seeking millions in statutory damages and attorneys’ fees under California’s “Shine the Light” law. This statute, set forth in California Civil Code § 1798.83, is a little known, seldom-litigated provision that could have devastating consequences for businesses that fail to comply.Although the law has been around for six years, recent audits show uneven compliance, which may be the reason many class action lawyers are starting to take notice. See Thomas, Lauren and Hoofnagle, Chris Jay, Exploring Information Sharing Through California’s 'Shine the Light' Law (Aug. 13, 2009). Read on for an overview of the law and recommended steps to help ensure that your company does not become the next target.On the books since January of 2005, the “Shine the Light” law is part of California’s … [Read more...] about Protecting Your Company from the Latest Threat — Class Actions Under the California ‘Shine the Light’ Law
A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed class action in Massachusetts federal district court stemming from the company’s collection of customers’ ZIP codes during point of sale transactions. The complaint alleged that Michaels used the ZIP codes that it collected to acquire customers’ addresses and telephone numbers and then used that information for direct marketing purposes.Last year, after the plaintiffs had filed their complaint, the Massachusetts Supreme Judicial Court held that under a 1991 Massachusetts law, ZIP codes are considered “personal identification information” and retailers are prohibited from collecting such information during credit card transactions. The court also gave plaintiffs an opening to overcome the sometimes difficult … [Read more...] about Settlement on the Horizon in Massachusetts ZIP Code Litigation