Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Right to Information Act, 2005, Section 4(2) -- Disclosure of information - Suo moto disclosure of information on important aspects of working of a public authority is an essential component of information regime...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint Local Commissioner suo motu as provision of S.26.R.9 CPC does not contemplate filing of an application...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment by Court suo motu ex parte at the stage of consideration of an application to grant ad-interim injunction - While appointing Local Commissioner no palpable reason given by Court as to why Advocate Commission is required to be appointed ex parte, suo motu dispensing notice to other side -..........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........
Establishment of educational Tribunal -- Suo moto exercise of power by High Court was absolutely uncalled for in a matter of establishment of educational Tribunal at Lucknow not at Allahabad - It is for aggrieved persons or parties or associations to take up the matter on judicial side - Suo moto exercise, has in fact resulted into agitation and cross-agitation in Bar..........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding report u/s 173(2) Cr.P.C and..........
