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April 12, 2023

Legal Issues Seminar-General IP (LIS-GIP) On “Can Commercial Courts Suo Moto Pass Summary Judgment Without an Application By Either Party?”

Featuring: Yash Raj

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Yash Raj, Associate, on “Can Commercial Courts suo moto pass Summary Judgment without an Application by Either Party?” The seminar explored the relevant provisions for summary judgment under the Code of Civil Procedure, 1908 (as amended by Commercial Courts Act, 2015) and analysed its conflict with the Delhi High Court (Original Side) Rules, 2018 and Delhi High Court Intellectual Property Rights Division Rules, 2022. The session delved into the case laws that have discussed the principles governing summary judgment in IP suits, and the varied interpretation that has been provided by the Courts. The seminar involved an interesting discussion on the procedure for summary judgment under CPC and the absence of procedure for suo moto summary judgement under the rules framed by the Delhi High Court. The session concluded with a discussion on resolution of such conflicts between the provisions of Commercial Courts Act and rules framed by High Courts.

The presentation can be accessed here.

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