competent court Archives

NRJ Series | Where former court not competent to try subsequent suit, matter decided therein, cannot operate as res judicata [(1954) 2 SCC 765]

This report covers the Supreme Court’s Never Reported Judgment on res judicata, dating back to the year 1954.

What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains

Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Resolution plan and affirms parties’ right to seek redress for ‘reliefs and concessions’ in Competent Court

The NCLAT upheld the grant of reliefs and concessions regarding shared utilities and services in Resolution Plan to facilitate the smooth and successful implementation of the Resolution Plan.

Case Briefs High Courts

Determination of ‘mental illness’ as per S. 105 of the Mental Healthcare, 2017 cannot be prejudicial to interest of any party: Delhi High Court

“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”

Case Briefs High Courts

Cancellation of bail without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing is patently illegal; Allahabad High Court reiterates

Allahabad High Court: In a bail application filed by the applicants for quashing the proceedings and setting aside the bail

Case Briefs High Courts

Jhar HC | ‘Succession Certificate’ issued by a competent court, is mandatory for legal heirs to claim pension under Coal Mines Provident Fund Scheme

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ and Sujit Narayan Prasad, J. addressed an appeal in which the

Case Briefs High Courts

Claim already raised before competent court not to be interfered by High Court especially when no ground for the same is found

Madhya Pradesh High Court: This writ was filed before a Single Judge Bench of Sheel Nagu, J., in nature of mandamus. The

Case Briefs High Courts

Police cannot interfere in a civil case unless directed by a competent Court: Hyderabad HC

Hyderabad High Court: A Single Judge Bench comprising of Gudiseva Shyam Prasad, J. dismissed a writ petition at the admission stage on

Case Briefs Supreme Court

‘Competent Court’ under MCOCA is not restricted to Courts in Delhi; Charge sheets filed in other States can be taken into account

Supreme Court: The bench of SA Bobde and L Nageswara Rao, JJ defined the scope of the words ‘competent Court’ in Section

Case Briefs High Courts

When a competent court grants custody, Habeas Corpus cannot be granted against it

High Court of Karnataka: In its recent judgment, a Single Bench of Ashok B. Hinchigeri & K.S. Mudagal, JJ. observed that “habeas