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Report No. 188

Proposals for Constitution of Hi-Tech Fast - Track Commercial Divisions in High Courts

Contents
Chapter I Introductory
Need for fast-track, high-tech Commercial Courts in India
Chapter II Commercial cases arising in India being taken over by US, UK Courts on ground of 'Forum Non Conveniens'; reasons not acceptable
Commercial cases arising in India being taken over by US, UK Courts on ground of 'Forum Non Conveniens'
Anomalies in US & UK decisions where aliens are plaintiffs and where aliens are defendants
Equally significant are the following other observations in that judgment of Keenan J
U.K
Conclusion
Chapter III "Commercial Courts" in UK, USA and Twelve other Countries we shall refer to the classification of Courts as 'Commercial Courts'
Commercial Courts in UK, USA and Twelve other Countries we shall refer to the classification of Courts as 'Commercial Courts'
U.S.A
(A) New York
(B) Delaware
(c) Philadelphia
(d) Maryland
The findings of the Maryland Task Force are as follows
France
Ireland
Singapore
Scotland
Philippines (Manila)
Pakistan
United Arab Emirates
Poland
Russia
Romania
Ukraine
Kenya
Ghana
Chapter IV Commercial Division - What Cases Have Been Assigned In UK, USA and Delhi High Court
Commercial Division - What Cases Have Been Assigned In UK, USA and Delhi High Court
UK
USA
Cases subject to Business and Technology Case Management Program
Delhi High Court Rules
Original matters
Summary
Chapter V Allocation of Cases to Commercial Division of High Courts by Parliamentary Statute - Constitutionally permissible
Allocation of Cases to Commercial Division of High Courts by Parliamentary Statute - Constitutionally permissible
High Courts as on 26.1.1950
New High Courts
Summing up
List I
List II
List III
The facts in the above case were as follows
Chapter VI Fast-track procedure for Commercial Divisions in UK and USA
Fast-track procedure for Commercial Divisions in UK and USA
UK
Commercial Courts' Guide, 2002 (UK)
USA
Chapter VII Commercial Division - are high-tech and follow on-line systems in other countries
Singapore
US: Court - room 2000 for the New Millennium
Chapter VIII Proposals by the National Informatics for establishing E-Courts in India
Introduction
Objectives and Functional Components
Video Conferencing
Security
Utility of Video Conferencing (VC) System in E-Court
VC for Witness Statement Recording
Virtual Court
Functioning of VC
E-Filing
E-mail based Communication
E-Advocacy
Facilitation Centre
Orders & Judgments on Internet
E-Courts
Hardware & Software requirement
Chapter IX Fast Track in the Commercial Division in High Courts in India
Fast Track in the Commercial Division in High Courts in India
Commercial Dispute Cases
Valuation
Fast track procedure in Suits and Case Management
Statutory appeals to Supreme Court
Procedure in pending appeals
Time limits for the Commercial Division to dispose of matters
Execution Matters and Fast track Procedures
Chapter X Summary of Recommendations our important conclusions and recommendations in this report are summarised below
1. Purpose to expedite commercial cases of high pecuniary value
2. Method of expeditious disposal of "Commercial cases" of high pecuniary value in NUTSHELL
3. Creation of Commercial Division in High Courts
4. Jurisdiction of Commercial Division in regard to original matters
(1) Jurisdiction regarding the subject matter
(2) Pecuniary and other jurisdictions
5. Nature of matters, pending in High Court, which have to be allocated to the Commercial Division
6. Fast track procedure
1. With regard to fresh suits
2. The following are broad guidelines for fast-track procedure
Fast track procedure with regard to pending Commercial suits transferred or allocated to Commercial Division
Dispensing with individual service of notice to respondents in pending appeals against decrees or orders passed by learned single Judges in the High Court
Filing of paper books, written submissions and adherence to time limits
Time limits for the Commercial Division to dispose of matters
7. Statutory right of appeal to the Supreme Court of India against decrees and certain orders of the Commercial Division
8. Commercial Division to be the Execution court for certain cases
9. Special budgetary support needed to establish the Commercial Division
10. High Courts Judges strength in Commercial Division to be maintained consistently
Resort to appointments under article 224A of the Constitution necessary
Backlog of criminal appeals, appeals relating to family disputes pending in High Courts need to be similarly tackled


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