Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial Court has suo moto power to consider pleadings and exercise the power as available to it U.O.12.R.6 CPC...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cognizable offence - Police Officer can suo motu make further investigations in cognizable cases...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - If complainant is required to be re-examined, Court needs to pass a specific order either on application u/s 145(2) of the Act or suo-moto by the Court...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Criminal Procedure Code, 1973, Section 482, 362 -- FIR quashed by High Court - Recall of order - Only clerical or arithmetical errors can be corrected - Court has no power to recall earlier order passed after contest and that too suo moto...........
Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment or decree - An application for correction of judgment or decree can be filed by either D.H. or J.D. - Court has also suo motu power to amend a judgment or decree...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Neither S.114 CPC, nor O.47.R.1 CPC provide for any suo moto review of order by Court...........
