Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Suo motu exercise of powers by Financial Commissioner against order of 1985 of Allotment Authority - Objection of inordinate delay - Not valid - Even if no regular revision petition is filed and if facts about illegality of proceedings or orders of any subordinate Revenue Officer conies to the notice of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Suo motu powers of Financial Commissioner invoked (in 1994) challenging legality and propriety of order passed by Prescribed Authority (in 1981) in surplus area case - Plea that delay of 13 years should not be condoned and revision by State Government should not be entertained - Not tenable as there is prima..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Invoking suo motu powers of Financial Commissioner after inordinate delay of 8 years (against order of 1985 revision filed in 1993) - Keeping in view law laid down by Supreme Court in Loku Ram's case 1999 (1) PLJ 1 that expression `at any time' in Section 18(6) cannot be indefinite and Financial Commissioner..........
Common wall -- Cannot be touched by anybody to the detriment or against the will of the other man - If defendant wants to construct a house, he should move for consent of the other man or explain necessity of compulsion of his part to move the Court for proper and necessary directions, but, he may not suo motu act on his own whims and fancy and try to interfere with the..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Suo motu exercise of powers by Financial Commissioner - Interference in allotment order of 1980 passed by Prescribed Authority upon complaint in 1993 - Objection that revision much belated and such revision should be first filed before Commissioner under Section 18(4) - Not tenable - Lapse in order of 1980..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - High Court Judge on inspection tour - Transfer application given to him - Notice issued through Sessions Court directing other side to appear before High Court Judge at his camp - Judge passing order transferring case - Not justified - Judge should have either directed applicants to file application before..........
Haryana Co-operative Societies Rules, 1989 -- operative Societies Act, Section 115 - Revision before Government against order of Registrar - Maintainability of - Section 115 pari materia with Section 69 Punjab Co - operative Societies Act - Clearly envisages that Government may suo motu call for and examine record of any proceedings in which no appeal lies for the purpose..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13, 24, 28 -- Divorce petition by wife - Interim maintenance to wife and minor children - Appeal by wife - Maintainability - Order passed under S.24 of Hindu marriage Act is interlocutory order - Appeal there against is not maintainable - However, quantum of maintenance should be such that wife and..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Impleading - It is not that L.R's alone can move the application - Application can be moved by any third person - Legal representatives cannot be brought on record suo motu - Application is a must - An application by proforma respondent to bring on record L.R's is maintainable...........
Criminal Procedure Code, 1973, Section 401, 397(3), 482 -- Object of S.397(3) is to put a bar on simultaneous revision applications to High Court and Sessions Court so as to prevent unnecessary delay and multiplicity of proceedings - However, State is not prohibited to avail revisional power of High Court under S.397(1) read with S.401 - High Court has suo motu power under..........
