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Report No. 188

Summary:

The above discussion and classification of cases as 'commercial' for purposes of allotment to the Commercial Division in UK, USA and for classification of contractual case in the Delhi High Court give us a brief outline of the system. Broadly, we have to do the following:

(a) We have initially to fix a monetary limit of (say), Rs.1 crore or more as the minimum pecuniary jurisdiction of cases which will be listed in the Commercial Division of the High Court.

(b) We have next to list the type of cases which can be called 'commercial' and be allocated to the 'Commercial Division' of the High Court.

(c) We may also exclude from the Commercial Division specified classes of cases which are not, on their face, commercial.

(d) We may exclude from the Commercial Division, specified classes of cases which are commercial but in regard to which some other statute has specified a separate and exclusive Court, tribunal or authority to exercise jurisdiction (e.g. winding up of a commercial companies, TRAI and TDSAT, SEBI, MACT etc.).

(e) We have to provide that all these cases will be dealt with on the original side of the High Court under a 'fast track' procedure with e-filing and other high-tech facilities and that there should be a statutory appeal to the Supreme Court of India.

(f) It will be necessary to transfer pending appeals,- which have been filed in the High Court against decrees passed by the Courts subordinate to the High Court or decrees passed by learned single Judge of the High Court,- to the Commercial Division. In the case of such appeals which are decided by the Commercial Division, it is not necessary to provide a statutory appeal.

(g) Execution proceedings arising out of suits or appeals filed or transferred to the Commercial Division must also be dealt with by the Commercial Division.

(h) There is no need to provide a statutory appeal to the Supreme Court except to the extent provided in Order 43 of the Code of Civil Procedure.

All these aspects will be dealt with in Chapter IX.



Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back




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