Commercial Courts Act
‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits
‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’
ILS Pune | Online Diploma in Corporate Laws, 2024
ILS Law College, Pune announces Online Autonomous Diploma in Corporate Laws Programme Coordinator: Smita Sabne (smita.sabne@ilslaw.in) Programme Overview: The Diploma in Corporate
2024 SCC Vol. 5 Part 5
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit
The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.
‘Enough grounds to demonstrate that urgent relief was contemplated’; Bombay HC dismisses application seeking rejection of plaint on non-compliance of S.12A of Commercial Courts Act
“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”
Commercial Courts Act expressly takes away any substantive or procedural right of appeal; Calcutta High Court dismisses appeal
Calcutta High Court relied on Section 13 of the Commercial Courts Act, 2015, which explicitly limits the right of appeal to judgments, decrees, and orders specified therein.
Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish
The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.
ILS Pune | Online Diploma in Corporate Laws 2024
The Indian Law Society, Pune is conducting an Online Autonomous Diploma in Corporate Laws and is inviting applications from students, graduates and
[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks
Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.
Importance of Interim Relief in Intellectual Property Litigation and Impact of the Commercial Courts Act
by Tahir Ashraf Siddiqui† and Sameer Mishra††
Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement
Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.
2023 SCC Vol. 1 Part 3
“Union Territory”, if “State” under Art. 131: The subject-matter of this article’s discussion is: does a “Union Territory” fall under word “State”
Mediation Despite Urgent Interim Relief Sought in Intellectual Property Law Cases
by Rudrajyoti Nath Ray†
2022 SCC Vol. 10 Part 1
Commercial Courts Act, 2015 — S. 12-A — Rejection of plaint for non-compliance with S. 12-A i.e. in cases where
Madras High Court temporarily restrains ‘Mobile Pe’ from offering UPI and BHIM services following ‘PhonePe’s’ Trade mark infringement suit
Madras High Court: In a Trade mark dispute between digital payments applications “Phone Pe” and “Mobile Pe”, M. Sundar, J has temporarily
Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court
Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial
‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018
Delhi High Court: A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending
Pre-litigation mediation| SC admits application seeking creation of committee of experts to guide on the implementation of Section 12A of Commercial Courts Act, 2015
Supreme Court: In the petition seeking for standard operating procedures for implementation of pre-litigation mediation under Section 12A of Commercial Courts Act,