Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 15 1984 – ss.3 1996 – s.2(1)(e) – Odisha Civil Courts Act 9 – Whether in exercise of powers u/s.3 of the Commercial Courts Act 2015 – ss.3 Commercial Courts Act 14 and 34 of the Arbitration Act the State Government can confer jurisdiction to hear applications u/ss. 9 contrary to the provisions of s.2(1)(e) of the Arbitration Act 2015 30 – Arbitration and Conciliation Act upon Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District 10 21 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Commercial Courts Act, 2015 – ss. 3, 10, 15, 21, 30 – Arbitration and Conciliation Act, 1996 – s.2(1)(e) – Odisha Civil Courts Act, 1984 – ss. 3, 9 – Whether in exercise of powers u/s.3 of the Commercial Courts Act, 2015, the State Government can confer jurisdiction to hear applications u/ss. 9, 14 and 34 of the Arbitration Act, 1996, upon Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District, contrary to the provisions of s.2(1)(e) of the Arbitration Act – Held: Objects and Reasons of the 2015 Act is to provide for speedy disposal of the commercial disputes which includes the arbitration proceedings – Legislature in its wisdom has specifically conferred the jurisdiction in respect of arbitration matters as per s.10 of the 2015 Act – When the 2015 Act was been enacted, more particularly ss. 3 & 10, there was already a provision in s. 2(1)(e) of the 1996 Act – As per settled position of law, it is to be presumed that while enacting the subsequent law, the legislature is conscious of the provisions of the Act prior in time and therefore the later Act shall prevail – Even as per s.15 of the 2015 Act, all suits and applications including applications under the 1996 Act, relating to a commercial dispute of specified value shall have to be transferred to the Commercial Court – Further, as per s. 21 of the 2015 Act, the 2015 Act shall have overriding effect – Thus, ss. 3 & 10 of the 2015 Act shall prevail and all applications or appeals arising out of arbitration under the provisions of the 1996 Act, other than international commercial arbitration, shall be filed in and heard and disposed of by the Commercial Courts, exercising the territorial jurisdiction over such arbitration where such commercial courts have been constituted – In the present case, notification issued by the State of Odisha in consultation with the High Court of Orissa to confer jurisdiction upon the court of Civil Judge (Senior Division) designated as Commercial Court to decide the applications or appeals arising out of arbitration under the provisions of the 1996 Act, cannot be said to be illegal and bad in law – It is in consonance with ss. 3 & 10 of the 2015 Act – View taken by the High Court is agreed with. Commercial Courts Act, 2015 – Object and purpose of – Discussed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1119 |
Petitioner | Jaycee Housing Pvt. Ltd. & Ors. |
Respondent | Registrar (general), Orissa High Court, Cuttack & Ors |
SCR | [2022] 15 S.C.R. 800 |
Judgement Date | 2022-10-19 |
Case Number | 6876 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |