AI Overview...

Order 26 Rule 9 - The rule pertains to the procedure for filing written statements during the final stages of a suit. It generally applies to civil proceedings and prescribes that written statements should be filed within a specified time unless the court permits otherwise.
Applicability to Suo Moto Orders During Final Hearing - The provided sources primarily relate to K-RERA's suo moto proceedings and court rulings on the legality and procedural validity of such orders. They indicate that courts have scrutinized whether suo moto actions are within statutory authority and whether proper procedures were followed, especially during or after final orders.
Main Points & Insights:
Courts have held that suo moto proceedings initiated by authorities like K-RERA are valid only when explicitly authorized by statute and conducted following procedural rules M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs P.G. UNNIKRISHNAN - Kerala, M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs M/S. MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI - Kerala, SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI - Kerala.
Several judgments emphasize that suo moto orders must be passed within the scope of statutory provisions and after affording parties an opportunity to be heard M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs P.G. UNNIKRISHNAN - Kerala, SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI - Kerala, Shwas Homes Private Ltd. VS Moon Waters Owners Association - Kerala.
Courts have also clarified that orders passed without proper legal backing or outside jurisdiction are liable to be set aside, especially if procedural lapses occur during final hearings M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs P.G. UNNIKRISHNAN - Kerala, Shwas Homes Private Ltd. VS Moon Waters Owners Association - Kerala.
Analysis and Conclusion:
Order 26 Rule 9 is specific to civil procedure and the filing of written statements, not directly applicable to the legality or procedural validity of suo moto orders during a final hearing.
Suo moto orders by courts or tribunals are governed by statutory provisions and procedural rules specific to the relevant jurisdiction (e.g., RERA Act, Civil Procedure Code).
During final hearings, if a suo moto order is issued, its validity depends on whether it complies with statutory authority and procedural fairness, not on Order 26 Rule 9.
Therefore, Order 26 Rule 9 is not directly applicable to a suo moto order issued during the final hearing of a suit. Instead, the focus should be on the statutory provisions governing suo moto powers and procedural fairness during such proceedings.

References: - M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs P.G. UNNIKRISHNAN - Kerala, M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs M/S. MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI - Kerala, SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI - Kerala, Shwas Homes Private Ltd. VS Moon Waters Owners Association - Kerala

Search Results for "Is Order 26 Rule 9 Applicable for a Suo Moto Order by the Court during the Final Hearing of a Suit"

M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs M/S. MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI

2023 Supreme(Online)(KER) 30355 • India - High Court of Kerala

M.R.ANITHA, J

Finding of the Court: The court found that K-RERA correctly initialed suo moto proceedings for project registration ... interpreted the provisions to conclude that the authority has the discretion to initiate suo moto proceedings regarding project ... Final Decision: The appeals are allowed, setting aside the Tribunal's annulment of K-RERA's order and directing fresh consideration ... After hearing both sides, on 21.12.2021 K-RER....

M/S. SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs P.G. UNNIKRISHNAN

2023 Supreme(Online)(KER) 30356 • India - High Court of Kerala

M.R.ANITHA, J

Final Decision: The appeals were allowed, and the tribunal's orders were set aside, directing a fresh hearing of the matters ... The court held that the suo moto order issued by K-RERA was non-est and lacked legal effect, as it conflicted with prior findings ... The court upheld the legality of K-RERA’s power to initiate suo moto proceedings under specific circumstances. ... After hearing both sides, on 21.12.2021....

SHWAS HOMES PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR MR.SREENI PARAMESWARAN vs MOON WATERS OWNERS ASSOCIATION REPRESENTED BY ITS SECRETARY MR.MADHAVAN UNNI

2023 Supreme(Online)(KER) 8545 • India - High Court of Kerala

M.R.ANITHA, J

through suo moto actions. ... Final Decision: The Tribunal's order setting aside K-RERA's previous decision on registration is reversed, and matters must ... Finding of the Court: The Court found that the K-RERA's prior order was binding and that it could not be disregarded ... After hearing both sides, on 21.12.2021 K-RERA in the suo moto proceedings found that ‘Aqua City’ project excluding Palm Bay Villa Proje....

1969 0 Supreme(Del) 209 • India - Delhi

H.R.KHANNA, P.N.KHANNA, S.RANGARAJAN

ADMINISTRATION OF EVACUEE PROPERTY ACT, 1950 - SECTION 7, 7-A, 26, 27, 28 - REVISION OF ORDER - SUO MOTO POWERS - SCOPE AND EXTENT ... decide on merits after hearing the appellant. ... or moving in the matter by way of suo moto revision. ... Deputy Custodian or Assistant Custodian, shall be final and shall not be called in question in any court by way of appeal or revision or in any original suit, application or ex....

2023 Supreme(Online)(Ker) 57929 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM

... ... Issues: The Court addressed whether an earlier order by K-RERA would constitute res judicata. ... K-RERA's authority was deemed valid when acting under suo moto clauses. ... ... ... Findings of Court: ... The Tribunal ruled that K-RERA acted outside its jurisdiction in reviewing its order, declaring it ... After hearing both sides, on 21.12.2021 K-RERA in the suo moto proceedings found that ‘Aqua City’ project excluding ....

2024 Supreme(Online)(MAD) 27764 • India - High Court of Madras

J.SATHYA NARAYANA PRASA D, J

... ... Issues: The main issue was whether the first respondent had the power to suo moto review an appealable order. ... moto revisional proceedings initiated by the first respondent against the order of the Assistant Settlement Officer - The court ... Estates (Abolition and Conversion into Ryotwari) Act, 1963 - Sections 5(2), 11(1)(i), and 12(2) - Writ petition challenging the suo ... When the entire settlement work has been completed about 43 years ago, based on a....

Shwas Homes Private Ltd. VS Moon Waters Owners Association

2023 0 Supreme(Ker) 307 • India - Kerala

M. R. ANITHA

afresh after hearing both sides. ... passed by Tribunal is without considering final order of K-RERA in suo moto proceedings with regard to registration of project and ... hence it is unsustainable and is liable to be set aside - Since, no order on merit has been passed by Tribunal based on order, Court ... After hearing both sides, on 21.12.2021 K-RERA in the suo moto proceedings found that ‘Aqua....

M/S Suman Infrastructure Private Limited Government Contractor Through Its Partner Shri Arun Awasthi vs The State Of Madhya Pradesh

2024 Supreme(Online)(MP) 8131 • India - High Court of Madhya Pradesh

SUSHRUT ARVIND DHARMADHIKARI, SHRI JUSTICE GAJENDRA SINGH, JJ

(Paras 6, 11) ... ... (C) Suo Moto Review - The court ruled that the Commercial Court lacks the ... power to suo moto review its earlier orders without statutory authority. ... the valuation of the suit. ... There is no provision under the Commercial Court Act, 2015 to Suo Moto review of its earlier order. ... There is no power under Commercial Act, 2015 to suo moto#H....

M/S Suman Infrastructure Private Limited Government Contractor Through Its Director Shri Arun Awasth vs The State Of Madhya Pradesh

2024 Supreme(Online)(MP) 8130 • India - High Court of Madhya Pradesh

SUSHRUT ARVIND DHARMADHIKARI, SHRI JUSTICE GAJENDRA SINGH, JJ

(Paras 12-21) ... ... (C) Procedural Review - The Commercial Court cannot suo moto review its ... The suit was initially filed in 2017, but the Commercial Court ruled it did not meet the jurisdictional threshold. ... ... ... Issues: The main issues were whether the suit met the jurisdictional threshold for a commercial dispute and the applicability ... There is no provision under the Commercial Court Act, 2015 to Suo Moto review....

Shwas Homes Private Limited VS Moon Waters Owners Association

2023 0 Supreme(Ker) 331 • India - Kerala

M. R. ANITHA

9 Rule 7 - Advocates Act, 1961 - Section 32 - Suo moto proceedings - Registration of township project - Whether section 3 Real Estate ... with regard to registration of project - So, impugned order passed by Tribunal is without considering final order of K-RERA in suo ... in suo moto proceedings is already found to be illegal and unsustainable and hence is hereby set aside. ... hearing both sides.....

Filter by Legal Phrase

Legal Issues on Supreme Today AI

Approbate and Reprobate: Key Legal Doctrine Explained Vague Threatening Phone Calls: Why They Fail in Court Does SCC Own Copyright on Full Text Judgments? G.O. Ms No. 108: TN Salesman & Packer Recruitment Rules Article 226 vs 227: Key Differences in High Court Powers Judgments on One-Time GNA Charges in India TIP: Judicial vs Executive Magistrate Rules Explained Can a Sole Dissenting Member Block Society Redevelopment? How to Sue Fake Facebook Accounts for Defamation in India Illustrations: Person Dominating Will in Indian Law Perusal in Court Orders: What It Means in Law Litigant Vigilance: Essential Duty in Court Proceedings What to Do If Company Suit Signatory Dies Renting House Without Rent Agreement in India: Risks Stay on Money Realization After Ejectment: Is It Possible?