One Legal Word One Day - Suo moto

suo moto  

Definition of suo motu

on its own motion

Additional Information

Suo motu, meaning "on its own motion," is a Latin legal term, approximately equivalent to the term sua sponte.

 Literally translated, it means "on its own motion," and the term generally refers to a situation wherein a judge acts without request by either party to the action before the court.

 For example, it is used where a government agency acts on its own cognizance, as in "the Commission took suo motu control over the matter."

 Example - "there is no requirement that a court suo motu instruct a jury upon these defenses." 

Case law- Judgement Expressions :

* The Financial Commissioner, however, seems to have exercised his suo moto power under Section 20(3) of the Act and by Order dated 7.11.91 set aside the order of the Collector dated 14.1.1971.

* It may be noted here that the Financial Commissioner had initiated the suo moto proceedings on 21.8.1990. 

* Once the State Government had taken a decision to withdraw the appeal, it is submitted that the Financial Commissioner could not take any different view in the matter suo moto to pass any other order contrary to the decision of the State Government to withdraw the appeal. 

* The High Court further goes on to observe that a bare reading of the provision, namely Section 20, shows that the exercise of the suo moto power is not available once an appeal preferred by the State is withdrawn. We, however, find that no such preposition flows from Section 20 of the Act. Section 20 of Act reads as under :

-State Of H.P. And Ors. vs Rajkumar Brijender Singh And Ors. on 22 April, 2004