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Question

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015 replaced an Ordinance and made an act.

1. The purpose of the Bill is to fast track all types of commercial cases.

2. It enables state governments to set up commercial courts, equivalent to district courts, to hear commercial disputes of a certain value as specified by the central government

3. They will be set up by the Chief Justice of that particular High Court only on the recommendation of President of India.

Which of the following statements is/are correct?


A

Only 1

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B

Only 2

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C

Only 2 & 3

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D

All of the above

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Solution

The correct option is B

Only 2


The purpose of the Bill is to fast track high value commercial cases.

It enables state governments to set up commercial courts, equivalent to district courts, to hear commercial disputes of a certain value as specified by the central government (not below one crore rupees).

However, a commercial court must not be set up in an area where the high court exercises original jurisdiction over civil matters. Instead, commercial divisions would be set up in such high courts, that is, the High Courts of Delhi, Bombay, Calcutta, Madras and Himachal Pradesh.

They will be set up by the Chief Justice of that particular High Court. No need of anybody’s recommendation.

EXTRA INFORMATION:

A “commercial dispute” is defined to include any dispute related to transactions between merchants, bankers, financiers, traders, etc. Such transactions deal with mercantile documents, partnership agreements, and intellectual property rights, insurance, etc.


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