Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Suo motu power of High Court - Power can be exercised either at instance of State or any aggrieved party - Any member of public whether he belongs to any particular profession or otherwise can move High Court to exercise power...........
Civil Procedure Code, 1908, Order 1, Rule 9, 10(2) -- Non joinder of parties - Suit cannot be dismissed for non-joinder or misjoinder of parties - Court has power to strike out or add parties suo motu...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18 -- Suo motu proceedings - Have to be used with some sense of natural justice and discretion - State which attached the land of a person and auctioned it - Cannot maintain that liability of land to be re - determined as surplus be re - opened...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed by appellate Court suo motu - Order set aside...........
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..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Filing of an application for extension of time is not necessary - It is within the jurisdiction of the Court to extend time under S.148 CPC - However where the mistake committed by the party is of such a nature as to call for an explanation of the party for not complying with the order within time, then Court..........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Amended plaint ordered to be filed within 14 days but case adjourned to a date beyond 14 days - Amended plaint filed on the date fixed in the case but not within 14 days - Objection not raised by defendant when amended plaint filed - Held, Court is deemed to have extended time suo..........
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..........
