Topic

commercial courts

3 articlesLatest 1 week ago
Order XXXVIII Rule 5 CPC | Pre-Judgment Security Demands Proof of Intent to Defeat Execution, Not Mere Apprehension : Delhi HC
Case Law Analysis
|Delhi High Court

Order XXXVIII Rule 5 CPC | Pre-Judgment Security Demands Proof of Intent to Defeat Execution, Not Mere Apprehension : Delhi HC

The Delhi High Court set aside a ₹15 lakh pre-judgment security order, ruling that mere apprehension of asset disposal, a defendant's residence outside the jurisdiction, and evasive denials do not satisfy the stringent requirement under Order XXXVIII Rule 5 CPC to prove a concrete intent to defeat decree execution. The decision raises the evidentiary bar for plaintiffs seeking attachment before judgment in commercial suits.

Section 22(4) Designs Act | Defence Challenging Design Validity Triggers Mandatory High Court Transfer : Kerala HC
Case Law Analysis
|Kerala High Court

Section 22(4) Designs Act | Defence Challenging Design Validity Triggers Mandatory High Court Transfer : Kerala HC

Kerala High Court rules that raising a defence under Section 22(4) of the Designs Act, 2000-challenging the validity of a registered design-automatically transfers the case to the High Court, bypassing lower court jurisdiction. This holding reinforces the exclusive jurisdiction of High Courts in design validity disputes, impacting litigants and practitioners in IP enforcement.

Commercial Courts Act | Appellate Courts Barred from Granting Interim Relief on Reserved Interlocutory Applications : Karnataka HC
Case Law Analysis
|Karnataka High Court

Commercial Courts Act | Appellate Courts Barred from Granting Interim Relief on Reserved Interlocutory Applications : Karnataka HC

The Karnataka High Court held that once a commercial court reserves orders on an interlocutory application, appellate courts cannot intervene with interim relief, even if irreparable harm is alleged. This ruling reinforces judicial hierarchy and prevents bypassing of procedural timelines in commercial disputes, impacting litigants seeking urgent relief during reserved judgments.