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The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.
‘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 Law College, Pune announces Online Autonomous Diploma in Corporate Laws Programme Coordinator: Smita Sabne (smita.sabne@ilslaw.in) Programme Overview: The Diploma in Corporate
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
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.
“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.”
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.
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.
The Indian Law Society, Pune is conducting an Online Autonomous Diploma in Corporate Laws and is inviting applications from students, graduates and
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.
by Tahir Ashraf Siddiqui† and Sameer Mishra††
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.
“Union Territory”, if “State” under Art. 131: The subject-matter of this article’s discussion is: does a “Union Territory” fall under word “State”
by Rudrajyoti Nath Ray†
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: In a Trade mark dispute between digital payments applications “Phone Pe” and “Mobile Pe”, M. Sundar, J has temporarily
Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial