commercial dispute
Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million
Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.
‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence
“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”
Power to transfer ordinary suit to Commercial Court is not available to District and Sessions Judge u/s 24 of CPC: Delhi High Court
“Where the plaint is returned under Order VII Rule 10 of the Civil Procedure Code, 1908, on its presentation before the appropriate Court of jurisdiction, the suit will be treated as a fresh suit, and will have to start de novo, and all proceedings before the earlier Court will be rendered a nullity.”
Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC
Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi
Delhi High Court denies injunction against News Laundry Media on allegations of copyright infringement, defamation and commercial disparagement by TV Today Network
Delhi High Court: Asha Menon, J. denied relief sought by ‘TV Today Network’ ‘plaintiff ‘on allegations of copyright infringement, defamation and 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
Telangana HC | Interim protection under S. 9 A&C Act for a commercial dispute to be sought in a commercial court only
Telangana High Court: The Division Bench of P. Naveen Rao and Sambasivarao Naidu, JJ. allowed the appeal and set aside the impugned
Non-execution of Arbitration Award even after 30 years-long delay: SC slams Allahabad High Court; U.P. Government to consider constituting four Additional Commercial Courts
Supreme Court: On being apprised of 30 years-long delay in execution of an Arbitration Award, the Division Bench comprising M.R. Shah and
Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines
“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”
Arakonam Naval Station dispute: Supreme Court puts a stop to over 3 decades long commercial dispute
Supreme Court: While deciding an almost three decade long commercial dispute relating to Arakonam Naval Air Station, the 3-Judge Bench comprising of
Commercial Suits – A Ready Reckoner
by Dhananjay Joshi†
‘Conditional’ leave to defend may be granted in case of doubt regarding the genuineness of defence in summary suits
Supreme Court: On the question relating to the power of the court to grant leave to defend in case of sham or