Concurrent jurisdiction Archives

Supreme Court urges High Courts to encourage filing of anticipatory bail applications first before Sessions Court; discourage direct interference

“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”

Case Briefs District Court

Application under Section 12 DV Act cannot be transferred to Family Court u/S 408 CrPC; Delhi Court reiterates

The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.

Case Briefs High Courts

Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC

If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.

Case Briefs High Courts

We Dissent!: Here’s why 2 out of 5 judges ruled against Madras High Court’s original jurisdiction in child custody cases

Madras High Court: The five-judge bench of P.N. Prakash, N. Anand Venkatesh, R. Mahadevan, M. Sundar, A.A. Nakkiran, JJ. in a 3:2

Case Briefs High Courts

Madras High Court’s 3:2 verdict upholds its original jurisdiction in child custody cases; holds Mary Thomas to be a good law

Madras High Court: In a case relating to the issue of concurrent jurisdiction of the High Court over matters of child custody