Commercial Courts Act
Union Law Minister Requests States To Ensure Adequate Security For Judges & Courts
Union Law Minister Kiren Rijiju on Saturday requested the State Government to ensure adequate security to the judges and court complexes since safe and sound environment for courts is necessary to ensure free and fair delivery of justice.Speaking at the inaugural session of the Joint Conference of the Chief Ministers and Chief Justices of the High Courts, the Minister said :"In order to ensure free and fair delivery of justice it is extremely important that court complexes work in a safe and...
Grant Of Leave For Dispensation Of Mandated Pre-Institution Mediation U/S 12-A Of Commercial Courts Act Is A Judicial Act: Calcutta HC
The Calcutta High Court has recently held that the grant of leave for dispensation of the mandatory requirement of pre-institution mediation as prescribed under section 12-A of the Commercial Courts Act, 2015 would constitute a judicial act.Section 12-A of the Commercial Courts Act provides that a suit which does not contemplate any urgent interim relief, shall not be instituted unless the plaintiff exhausts the remedy of pre- institution mediation under the prescribed rules.Justice Moushumi...
Delhi High Court Seeks Response On PIL For Making 42 More Commercial Courts Operation In National Capital
The Delhi High Court today issued notice on a PIL seeking establishment of 42 Commercial Courts in the national capital, as notified by the Delhi government last year, to ensure speedy redressal of commercial cases.Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 provides for a separate set of Commercial Courts to be set up by the State Governments at the District Level to try suits and claims pertaining to Commercial Disputes.The Division Bench...
Commercial Court Has Jurisdiction Over Suit Property Used For Trade/ Commerce: Andhra Pradesh High Court
The Andhra Pradesh High Court recently transferred a suit from a Civil Court to the Commercial Court as the subject property in the suit was exclusively used for trade or commerce by a partnership firm, before its dissolution. Brief facts of the case The application was filed by the petitioner under Section 24 of Code of Civil Procedure to withdraw the suit from Senior Civil Judge's Court and transfer to Commercial Court for trial and disposal. The case of the petitioner was...
Bengaluru Court Confirms Ex-Parte Temporary Injunction Restraining ACC Steel From Using Trademarks ACC, ACC TMT 500
A Commercial Court in Bengaluru has confirmed the ex-parte temporary injunction issued in 2020 restraining ACC Steel Pvt. Ltd., from using the marks ACC, ACC TMT 500 or any other mark/logo/name, similar and/or deceptively similar to the marks of ACC Limited. The Additional District and Sessions Judge, Basavaraj Chengti allowed the applications filed by ACC Limited and held,"The defendant and his managers, employees, family, agents, etc., acting or claiming under or through or on his...
'Mediators Are Peacemakers' : Justice Hima Kohli At Judges Conclave On Mediation Education
On 27th November, 2021, Justice Hima Kohli, Supreme Court judge, unveiled the 'Mediation Compendium' at the 1st Judges Conclave on Mediation Education organised by the illustrious E-Mediation Writings (EMW). Briefly outlining the contents of the book, which is the first book on the mediation curriculum to be recommended by the Bar Council of India for LLB courses, she referred to the Compendium as a 'comprehensive referencer' for the law students. The essence of the event was to ...
Speedy & Affordable Delivery Of Justice Legitimate Expectation Of People : Union Law Minister Kiren Rijiju
"Speedy and affordable delivery of justice is the legitimate expectation of the people and the collective responsibility of all organs of the State. Access to justice has been recognised as an integral part of the legal framework under the Constitution. All stake-holders are expected to work in tandem to deliver this mandate", expressed Union Law Minister Kiren Rijiju on Saturday.He was speaking at the launch of NALSA's pan-India Awareness and Outreach Campaign at Vigyan Bhawan, New...
'Large Number Of Cases Before Us Are Of Prolonged Incarceration, Why Not Put In Place A System To Give More Accessibility To Legal Aid ?' Justice S K Kaul
"It is a matter of concern when we compare the number of lawyers enrolled in the country with the legal aid available, especially in the context of the socio-economic strata of society where the litigants can ill afford large amounts of litigation", expressed Justice S. K. Kaul on Saturday. At the same, Justice Kaul insisted, "The person giving legal aid must have empathy for what he is doing. Otherwise, your heart will not be in what you do. That is why Justice Chandrachud spoke of ...
'Courts Are Not Playgrounds And Litigation Is Not A Pastime' – Bombay HC Imposes Rs 25 Lakh Costs For Vexatious Application In Commercial Dispute
The Bombay High Court recently imposed heavy costs on the plaintiff for a "vexatious and mischievous" application, observing that the Commercial Courts Act is not anti-defendant and is meant for expeditious disposal of commercial disputes. "Plaintiffs such as this one will understand that Courts are not playgrounds, and litigation is not a pastime," Justice Gautam Patel observed while directing plaintiff La Fin Financial Services Pvt Ltd to pay the Defendant Multi Commodity Exchange Of...
What Constitutes A 'Commercial Dispute' Under Commercial Courts Act, 2015? Calcutta High Court Explains
The Calcutta High Court recently had the opportunity to extensively define what constitutes a "commercial dispute" as contemplated under Section 2(1)(c) of the Commercial Courts Act, 2015 (2015 Act). The issue in consideration before the Court was whether a plea filed before the Commercial Division of the High Court should be tried under the provisions of the 2015 Act or be adjudicated upon as a regular suit. The petitioner had moved the instant plea seeking recovery of amount to the tune of...
Bar U/S 8 Of Commercial Courts Act On Revision Application/ Petition Not Applicable To Petitions Under Article 227: Delhi High Court
The Delhi High Court has held that the bar provided under Section 8 of the Commercial Courts Act against entertaining revision application or petition against any interlocutory order of a Commercial Court, is not applicable to petitions under Article 227 of the Constitution of India.A Division Bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal held that the jurisdiction and powers of the High Court in entertaining petition under Art. 227 cannot be affected by a statute framed by a...
Commercial Courts Act- Section 12-A On Pre-Institution Mediation and Settlement Is Not A Mandatory Provision: Madras High Court
The Madras High Court recently held that Section 12-A of the Commercial Courts Act, isnot a mandatory provision.The Court delved into a thorough analysis of the provisions under Section 12-A on Pre-Institution Mediation and Settlement. It further analyzed the Rule 3(1) and 3(7) of the Commercial Courts Act, 2015 (Pre-Institution Mediation and Settlement) Rules, 2018."Though, the word 'shall' in Section 12-A of the Act, sounds Prelitigation mediation is mandatory on the part of the...