Commercial Courts Should Normally Look Into Express Terms Of A Contract And Not Into The Implied Terms: SC [Read Judgment]

The Supreme Court, on Thursday, cautioned Commercial Courts against looking into the implied terms of a contract, opining that a contract should be read as it is, as per its express terms.The Bench comprising Justice R.F. Nariman and Justice S.K. Kaul observed, “We may, however, in the end, extend a word of caution. It should certainly not be an endeavour of commercial courts to look to implied terms of contract. In the current day and age, making of contracts is a matter of high technical...

Commercial Courts, Another Attempt By The Government To Reduce Overbearing Litigation Numbers

In order to take forward and accelerate the agenda of the “Ease of Doing Business” and “Make in India”, the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court’s Act, 2015 (the “Act”) has been promulgated, which provides for the constitution of Commercial Courts and the establishment of Commercial Divisions and Commercial Appellate Divisions in the High Courts to adjudicate Commercial Disputes for achieving the motive of swift and speedy enforcement of...

Delhi HC CJ nominates Judges to ‘Commercial Division’ and ‘Commercial Appellate Division’ Courts

The Chief Justice of Delhi High Court has nominated five judges of the High Court as the Judges of 'Commercial Division'. ‘Commercial Appellate Division' Courts with Four Division Benches has also been constituted.Justices S. Muralidhar, Hima Kohli, Manmohan Singh, Rajiv Sahai Endlaw and Vibhu Bakhru are nominated as 'Commercial Division' Judges whereas the Division Benches comprising of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal, Justices Indira Banerjee and V. Kameshwar Rao,...

First Commercial Dispute Resolution Centre and Commercial Court inaugurated in Raipur

India’s first Commercial Dispute Resolution Centre and Commercial Court has been inaugurated in Raipur. It also consists of arbitration centre and a mediation centre.“I am hopeful that this place will serve as a milestone for resolving law related problems and improving the law functionary in the state,” Chhattisgarh Chief Minister Dr. Raman Singh was quoted as saying at the inauguration ceremony.“I remember the day in New Delhi when the Supreme Court judge had expressed desire of having a...

Commercial Courts start functioning in Delhi, Mumbai, Himachal Pradesh and Gujarat

Almost five months after the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 received the President’s assent, Commercial Courts have reportedly begun functioning in Delhi, Mumbai, Himachal Pradesh and Gujarat.Introduction of Commercial Courts in India is being welcomed as a positive step for reducing the backlog of cases as well as ensuring the speedy redressal of disputes. The Act received the President’s assent on January 1. It provides for a...

Exclusive; Commercial courts cannot work the way you propose: CJI to PM

“Today a corporate litigant is required to stand, jostle, rub shoulders with may be a pickpocket or some thief or petty offender. Commercial court concept was that we provide a kind of environment which a corporate client may feel comfortable in. I think if we go on setting up commercial courts without providing the necessary infrastructure and the environment it requires it won’t serve the desired purpose“ In a significant statement, Chief Justice of India T S Thakur has asked Prime Minister...

Commercial Courts Act and Arbitration Act Amendment comes into force [Read the Text]

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015 and Amendments to Arbitration and Conciliation Act, which got passed in Rajya Sabha on December 23rd , is notified in the official gazette. Both the laws are deemed to have come into force from 23rd October 2015 and they replace the ordinances.Commercial Courts, Commercial Divisions and Commercial Appellate Divisions The Commercial Courts, Commercial Division and Commercial Appellate Division...