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..........
Constitution of India, 1950, Article 227 -- Suo moto revision - Petitioner a girl aged 15 years - Order passed by the Addl.C.J.M. directing her to be kept in Nari Niketan challenged by her not represented by any guardian in the petition - Objection to the maintainability of the petition filed by the petitioner on the ground of her minority - Once it is found that the order..........
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..........
Consumer Protection Act, 1986, Section 17 -- Jurisdiction under - Exercising of jurisdiction u/S.17 of the Act is not dependent upon any order to be passed by the District Forum to be presided by its President - Any party to the complaint could invoke jurisdiction u/S.17 of the Act - Suo motto power can also be exercised by the State Commission invoking its jurisdiction..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - High Court can suo moto transfer criminal trial from one Court to another Court - This should be done only after issuing notice to the accused and granting him an opportunity of hearing -This was not done - Order cannot be sustained...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Power can be exercised by the Court suo motu as also at the instance of either party...........
