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The Commercial Courts Act, 2015 MCQs (English Medium)
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1. The Commercial Courts Act, 2015 primarily provides for:
a. Constitution of Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto
b. Constitution of Consumer Courts for adjudicating all commercial disputes irrespective of value
c. Constitution of Civil Courts for adjudicating all contractual disputes
d. Constitution of Special Tribunals for adjudicating industrial disputes
2. The Commercial Courts Act, 2015 was enacted by:
a. The State Legislatures
b. Parliament
c. The Supreme Court
d. The High Courts
3. The object of the Commercial Courts Act, 2015 extends beyond adjudication of commercial disputes of specified value to include:
a. Matters connected therewith or incidental thereto
b. Criminal proceedings arising out of commercial transactions
c. Revenue disputes relating to commercial property
d. All disputes involving companies irrespective of nature
4. Which of the following statements is correct under the Commercial Courts Act, 2015?
a. The Act is numbered as Act No. 4 of 2016 though it is titled the Commercial Courts Act, 2015.
b. The Act applies only to Commercial Courts and does not provide for any appellate forum.
c. The Act is intended for adjudication of all civil disputes irrespective of value.
d. The Act was enacted by the High Courts.
5. Section 1 of the Commercial Courts Act, 2015 deals with:
a. Short title, extent and commencement
b. Definitions
c. Constitution of Commercial Courts
d. Jurisdiction of Commercial Courts
6. Which of the following correctly states the short title of the Act under Section 1?
a. Commercial Courts Act, 2016
b. Commercial Courts Act, 2015
c. Commercial Disputes Act, 2015
d. Commercial Division Act, 2015
7. A commercial dispute arises in any part of India. Regarding the territorial extent of the Commercial Courts Act, 2015, which of the following is correct under Section 1?
a. The Act extends only to Union Territories.
b. The Act extends only to the States.
c. The Act extends to the whole of India.
d. The Act extends only where Commercial Courts have been constituted by notification.
8. Although enacted later, from which date is the Commercial Courts Act, 2015 deemed to have come into force under Section 1?
a. 31st December, 2015
b. 1st January, 2016
c. 23rd October, 2015
d. 26th January, 2016
9. Section 2 of the Commercial Courts Act, 2015 deals with:
a. Definitions
b. Constitution of Commercial Courts
c. Jurisdiction of Commercial Courts
d. Appeals from Commercial Courts
10. Under Section 2, "Commercial Appellate Courts" means:
a. Commercial Courts constituted under section 3
b. Commercial Appellate Courts designated under section 3A
c. Commercial Appellate Division constituted under section 5
d. Any appellate court hearing commercial disputes
11. Under Section 2, "Commercial Appellate Division" means:
a. A Commercial Court constituted under section 3
b. A Division constituted under sub-section (1) of section 5 in a High Court
c. A Division designated by the Central Government
d. Any Bench of a High Court hearing commercial disputes
12. Under Section 2, "Commercial Court" means:
a. Any Civil Court exercising commercial jurisdiction
b. A Commercial Court constituted under sub-section (1) of section 3
c. A Commercial Appellate Court designated under section 3A
d. A Commercial Division constituted under section 5
13. Which of the following disputes is a commercial dispute within the meaning of Section 2?
a. A dispute relating to interpretation of mercantile documents between traders
b. A dispute relating to succession to agricultural land
c. A matrimonial dispute involving businesspersons
d. A criminal prosecution for cheating
14. A dispute concerning export of software services between two companies would fall within the definition of "commercial dispute" because it relates to:
a. Export or import of merchandise or services
b. Technology development agreements only
c. Consultancy agreements only
d. Intellectual property rights only
15. A dispute arising from financing of helicopters is a commercial dispute because Section 2 specifically includes:
a. Carriage of goods
b. Construction contracts
c. Transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including their sale, leasing and financing
d. Technology development agreements
16. Which of the following agreements is specifically recognized as a commercial dispute under Section 2?
a. Shareholders agreements
b. Marriage agreements
c. Adoption agreements
d. Partition agreements
17. Which of the following is specifically included as a commercial dispute under Section 2 in relation to intellectual property?
a. Only registered trademarks and patents
b. Only copyrights and patents
c. Rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits
d. Only registered intellectual property rights
18. A dispute arising out of an agreement for the provision of services would be a commercial dispute under Section 2 because it specifically covers:
a. Agreements for sale of goods only
b. Agreements for provision of services only if notified
c. Agreements for sale of goods or provision of services
d. Consultancy agreements only
19. Which authority is empowered under Section 2 to notify other commercial disputes?
a. Supreme Court
b. High Court
c. Central Government
d. Commercial Appellate Division
20. A suit seeks recovery of immovable property given as security along with enforcement of a commercial agreement. Under the Explanation to Section 2, the dispute:
a. Ceases to be a commercial dispute
b. Remains a commercial dispute
c. Can be treated as a commercial dispute only with Government approval
d. Becomes a civil dispute only
21. One of the contracting parties to a commercial contract is the State Government. Under the Explanation to Section 2, the dispute:
a. Is excluded from the definition of commercial dispute
b. Ceases to be a commercial dispute because the State is a party
c. Does not cease to be a commercial dispute merely because one party is the State, its agency or instrumentality, or a private body carrying out public functions
d. Is maintainable only before the High Court
22. Under Section 2, "Commercial Division" means:
a. A Commercial Court constituted under section 3
b. A Commercial Appellate Court designated under section 3A
c. The Commercial Division in a High Court constituted under sub-section (1) of section 4
d. Any Bench of a High Court dealing with commercial matters
23. For the purposes of Section 2, the expression "District Judge" has the same meaning as assigned in:
a. Section 2 of the Code of Civil Procedure, 1908
b. Article 233 of the Constitution of India
c. Clause (a) of Article 236 of the Constitution of India
d. The General Clauses Act, 1897
24. A contract is recorded entirely through electronic means and is intended to record the matter contained therein. Under Section 2, such record:
a. Is not a document unless printed
b. Is a document only if digitally signed
c. Falls within the definition of "document"
d. Is a document only if notified by the Central Government
25. Under Section 2, "notification" means:
a. Any circular issued by the Central Government
b. A notification published in the Official Gazette, and "notify" shall be construed accordingly
c. Any press release issued by the Government
d. Any executive instruction issued by a Ministry
26. Under Section 2, the expression "Schedule" refers to:
a. Any Schedule to the Code of Civil Procedure, 1908
b. The Schedule appended to the Constitution of India
c. The Schedule appended to the Act
d. Any Schedule notified by the Central Government
27. "Specified Value" in relation to a commercial dispute means:
a. The market value of the property involved
b. The value of the subject-matter in respect of a suit as determined in accordance with section 12, which shall not be less than three lakh rupees or such higher value as may be notified by the Central Government
c. Any value determined by the Commercial Court
d. The value agreed upon by the parties
28. The Central Government may, for the purposes of "Specified Value" under Section 2:
a. Notify a value lower than three lakh rupees
b. Notify only the value of individual disputes
c. Notify a higher value than three lakh rupees
d. Modify the manner of determination under section 12
29. A term used in the Commercial Courts Act, 2015 is not defined therein but is defined in both the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872. Under Section 2(2), such term shall:
a. Have the meaning assigned by the Commercial Court
b. Have the meaning assigned by the Central Government
c. Have the same meaning respectively assigned in the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872
d. Be interpreted according to common legal usage
30. Section 3 of the Commercial Courts Act, 2015 deals with:
a. Constitution of Commercial Courts
b. Constitution of Commercial Division
c. Constitution of Commercial Appellate Division
d. Jurisdiction of Commercial Courts
31. Under Section 3(1), Commercial Courts at the District level are constituted by:
a. The High Court by notification
b. The State Government after consultation with the concerned High Court, by notification
c. The Central Government after consultation with the High Court
d. The Chief Justice of the High Court by notification
32. The purpose of constituting Commercial Courts under Section 3(1) is:
a. To exercise all civil jurisdiction within the district
b. To exercise the jurisdiction and powers conferred on those Courts under the Act
c. To hear only appeals from Civil Courts
d. To supervise subordinate courts
33. In relation to High Courts having ordinary original civil jurisdiction, Commercial Courts may be constituted:
a. At any level below the District Judge
b. Only at the High Court level
c. At the District Judge level
d. Only at the Commercial Appellate Court level
34. Under the second proviso to Section 3(1), where the High Courts have ordinary original civil jurisdiction, the pecuniary value specified by the State Government:
a. May be of any amount considered appropriate
b. Shall not be less than three lakh rupees and not more than the pecuniary jurisdiction exercisable by the District Courts
c. Shall always be exactly three lakh rupees
d. Shall be determined by the High Court alone
35. Under Section 3(1A), the State Government may specify a pecuniary value:
a. Only for the entire State
b. Only for a district
c. For the whole or part of the State, which shall not be less than three lakh rupees or such higher value, after consultation with the concerned High Court and by notification
d. Without consultation with the High Court
36. The local limits of the jurisdiction of a Commercial Court under Section 3(2) are:
a. Determined by the High Court alone
b. Specified by the State Government after consultation with the concerned High Court by notification, and may thereafter be increased, reduced or altered from time to time
c. Fixed permanently by the Central Government
d. Determined by the District Judge
37. A State Government decides to modify the territorial jurisdiction of an existing Commercial Court. Under Section 3(2), such action:
a. Is not permissible once jurisdiction is notified
b. May be taken by notification after consultation with the concerned High Court
c. Requires prior approval of the Central Government
d. Can be taken only by the High Court
38. Under Section 3(3), who appoints the Judge or Judges of a Commercial Court?
a. The Chief Justice of the High Court acting alone
b. The Central Government with the concurrence of the High Court
c. The State Government with the concurrence of the Chief Justice of the High Court
d. The Governor on the recommendation of the District Judge
39. Which of the following is an essential qualification under Section 3(3) for appointment as a Judge of a Commercial Court?
a. Experience in dealing with commercial disputes
b. Practice as an advocate for at least ten years
c. Experience in criminal law
d. Prior service as a District Judge
40. Under Section 3(3), a Commercial Court may be constituted:
a. Only at the level of the District Judge
b. Only below the level of the District Judge
c. Either at the level of the District Judge or a court below the level of a District Judge
d. Only at the level of the High Court
41. Section 3A of the Commercial Courts Act, 2015 deals with:
a. Designation of Commercial Appellate Courts
b. Constitution of Commercial Division
c. Constitution of Commercial Courts
d. Appeals to the Supreme Court
42. Under Section 3A, Commercial Appellate Courts may be designated:
a. In all States without exception
b. Only in territories over which the High Courts have ordinary original civil jurisdiction
c. Except in the territories over which the High Courts have ordinary original civil jurisdiction
d. Only by the Central Government
43. Under Section 3A, Commercial Appellate Courts at the District Judge level are designated by:
a. The Chief Justice of the High Court by order
b. The State Government, after consultation with the concerned High Court, by notification
c. The Central Government by notification
d. The High Court by notification
44. The object of designating Commercial Appellate Courts under Section 3A is:
a. To supervise Commercial Courts
b. To exercise the jurisdiction and powers conferred on those Courts under the Act
c. To hear all civil appeals arising within the district
d. To hear appeals from every tribunal
45. Section 4 of the Commercial Courts Act, 2015 deals with:
a. Constitution of Commercial Division of High Court
b. Constitution of Commercial Appellate Division
c. Jurisdiction of Commercial Courts
d. Transfer of suits
46. Under Section 4(1), a Commercial Division may be constituted:
a. In every High Court irrespective of its jurisdiction
b. Only in High Courts having ordinary original civil jurisdiction
c. Only in High Courts designated by the Central Government
d. In every District Court
47. Who is empowered under Section 4(1) to constitute a Commercial Division?
a. The Central Government by notification
b. The State Government by notification
c. The Chief Justice of the High Court by order
d. The Full Court of the High Court by resolution
48. Under Section 4(1), a Commercial Division shall consist of:
a. One or more Benches consisting of a single Judge
b. A Division Bench of two Judges only
c. A Full Bench of three Judges
d. Such number of Judges as the Central Government may notify
49. The Commercial Division constituted under Section 4(1) is established for the purpose of:
a. Exercising appellate jurisdiction over all civil courts
b. Exercising the jurisdiction and powers conferred on it under the Act
c. Supervising Commercial Courts
d. Entertaining all writ petitions involving commercial matters
50. Under Section 4(2), the Judges of the Commercial Division are nominated by:
a. The State Government
b. The Central Government
c. The Chief Justice of the High Court
d. The Collegium of the Supreme Court
51. Which of the following is an essential requirement for nomination as a Judge of the Commercial Division under Section 4(2)?
a. Experience in dealing with commercial disputes
b. Experience in constitutional law only
c. Ten years' practice as a Senior Advocate
d. Previous service as a District Judge
52. Section 5 of the Commercial Courts Act, 2015 deals with:
a. Constitution of Commercial Appellate Division
b. Constitution of Commercial Division
c. Constitution of Commercial Courts
d. Appeals to the Supreme Court
53. Under Section 5(1), the Commercial Appellate Division is constituted:
a. Before issuance of a notification under section 3(1) or an order under section 4(1)
b. After issuing a notification under section 3(1) or an order under section 4(1)
c. Only after constitution of a Commercial Court under section 3(1)
d. Only after consultation with the Central Government
54. Who is empowered under Section 5(1) to constitute the Commercial Appellate Division?
a. The State Government by notification
b. The Central Government by notification
c. The Chief Justice of the concerned High Court by order
d. The Full Court of the High Court by resolution
55. Under Section 5(1), the Commercial Appellate Division shall consist of:
a. One or more Division Benches
b. One or more Benches consisting of a single Judge
c. A Full Bench of the High Court
d. One Division Bench of two Judges only
56. The Commercial Appellate Division is constituted under Section 5(1) for the purpose of:
a. Supervising Commercial Courts
b. Exercising the jurisdiction and powers conferred on it by the Act
c. Hearing all appeals from subordinate courts
d. Exercising original civil jurisdiction of the High Court
57. Under Section 5(2), the Judges of the Commercial Appellate Division are nominated by:
a. The State Government
b. The Central Government
c. The Chief Justice of the High Court
d. The Collegium of the Supreme Court
58. Which of the following is an essential qualification for nomination as a Judge of the Commercial Appellate Division under Section 5(2)?
a. Experience in dealing with commercial disputes
b. Experience in constitutional litigation only
c. Not less than ten years' service as a District Judge
d. Recommendation of the State Government
59. Section 6 of the Commercial Courts Act, 2015 deals with:
a. Jurisdiction of Commercial Court
b. Jurisdiction of Commercial Appellate Division
c. Appeals from Commercial Court
d. Constitution of Commercial Court
60. A Commercial Court has jurisdiction under Section 6 to try:
a. All civil suits instituted within the State
b. All suits and applications relating to a commercial dispute of a Specified Value arising out of the entire territory over which it has been vested territorial jurisdiction
c. Only suits relating to commercial disputes
d. Only applications relating to commercial disputes
61. A suit relating to a commercial dispute of the Specified Value is instituted in accordance with sections 16 to 20 of the Code of Civil Procedure, 1908. For the purposes of Section 6, the dispute shall be considered to arise:
a. Only where the contract was executed
b. Only where the defendant resides
c. Out of the entire territory of the State over which the Commercial Court has been vested jurisdiction
d. Only where the cause of action wholly arose
62. Section 7 of the Commercial Courts Act, 2015 deals with:
a. Jurisdiction of Commercial Divisions of High Courts
b. Jurisdiction of Commercial Courts
c. Constitution of Commercial Division
d. Appeals from Commercial Courts
63. Under Section 7, all suits and applications relating to commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdiction shall be:
a. Heard by any Single Judge nominated by the Chief Justice
b. Heard and disposed of by the Commercial Division of that High Court
c. Transferred to the District Court
d. Heard only by a Division Bench
64. A statute requires a commercial dispute to be instituted in a court not inferior to a District Court, and the matter is filed on the original side of a High Court having ordinary original civil jurisdiction. Under the first proviso to Section 7, the matter shall be:
a. Returned to the District Court
b. Heard and disposed of by the Commercial Division of the High Court
c. Heard by the regular original civil bench
d. Transferred to the Commercial Appellate Division
65. A suit is transferred to the High Court under section 22(4) of the Designs Act, 2000 or section 104 of the Patents Act, 1970. Under the second proviso to Section 7, such suit shall be:
a. Heard by the regular original civil jurisdiction of the High Court
b. Heard and disposed of by the Commercial Division of the High Court in areas where the High Court exercises ordinary original civil jurisdiction
c. Transferred to the Commercial Court
d. Heard only if its value exceeds the pecuniary jurisdiction of the High Court
66. Section 8 of the Commercial Courts Act, 2015 deals with:
a. Bar against revision application or petition against an interlocutory order
b. Appeals from decrees of Commercial Courts
c. Transfer of suits
d. Jurisdiction of Commercial Courts
67. An interlocutory order, including an order on the issue of jurisdiction, is passed by a Commercial Court. Which of the following is correct under Section 8?
a. A civil revision application or petition is maintainable under the Code of Civil Procedure, 1908.
b. A civil revision application or petition is maintainable with the leave of the High Court.
c. No civil revision application or petition shall be entertained against such interlocutory order.
d. Such order is not challengeable at any stage.
68. A party seeks to challenge an interlocutory order of a Commercial Court. Subject to Section 13, such challenge may be raised:
a. By filing a civil revision application
b. By filing a writ petition
c. Only in an appeal against the decree of the Commercial Court
d. By filing a review before the Commercial Court
69. Section 9 of the Commercial Courts Act, 2015:
a. Continues to provide for transfer of suits where the counterclaim is of Specified Value
b. Was omitted by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 with effect from 3-5-2018
c. Deals with appeals from Commercial Courts
d. Deals with transfer of proceedings by the High Court
70. Section 10 of the Commercial Courts Act, 2015 deals with:
a. Jurisdiction in respect of arbitration matters
b. Appeals from Commercial Courts
c. Transfer of commercial disputes
d. Constitution of Commercial Appellate Division
71. The subject-matter of an international commercial arbitration is a commercial dispute of a Specified Value. Applications or appeals under the Arbitration and Conciliation Act, 1996 filed in a High Court shall be:
a. Heard and disposed of by the Commercial Court
b. Heard and disposed of by the Commercial Appellate Division
c. Heard and disposed of by the Commercial Division, where such Commercial Division has been constituted in the High Court
d. Heard by the principal civil court of original jurisdiction
72. The subject-matter of an arbitration other than an international commercial arbitration is a commercial dispute of a Specified Value. Applications or appeals under the Arbitration and Conciliation Act, 1996 filed on the original side of a High Court shall be:
a. Heard and disposed of by the Commercial Appellate Division
b. Heard and disposed of by the Commercial Division, where such Commercial Division has been constituted in the High Court
c. Transferred to the Commercial Court
d. Heard by the regular original civil jurisdiction of the High Court
73. An arbitration, other than an international commercial arbitration, concerns a commercial dispute of a Specified Value. The applications arising under the Arbitration and Conciliation Act, 1996 would ordinarily lie before the principal civil court of original jurisdiction in a district (not being a High Court). Under Section 10, such applications shall be:
a. Filed before the District Judge irrespective of constitution of a Commercial Court
b. Filed in and heard by the Commercial Court exercising territorial jurisdiction over the arbitration, where such Commercial Court has been constituted
c. Filed before the High Court
d. Filed before the Commercial Appellate Court
74. Section 11 of the Commercial Courts Act, 2015 deals with:
a. Bar of jurisdiction of Commercial Courts and Commercial Divisions
b. Jurisdiction in respect of arbitration matters
c. Appeals from Commercial Courts
d. Transfer of commercial disputes
75. A commercial dispute is one in respect of which the jurisdiction of the civil court is expressly barred under another law for the time being in force. Under Section 11, the Commercial Court or Commercial Division:
a. Shall entertain the matter if it is of Specified Value
b. Shall entertain the matter only with the leave of the High Court
c. Shall not entertain or decide the suit, application or proceedings
d. Shall transfer the matter to the Commercial Appellate Division
76. The jurisdiction of the civil court in relation to a commercial dispute is impliedly barred under another law for the time being in force. Under Section 11:
a. The Commercial Court may still decide the dispute because it is commercial in nature
b. The Commercial Division may decide the dispute if the High Court has ordinary original civil jurisdiction
c. Neither the Commercial Court nor the Commercial Division shall entertain or decide the suit, application or proceedings
d. The Commercial Appellate Court shall decide the dispute
77. Section 12 of the Commercial Courts Act, 2015 deals with:
a. Determination of Specified Value
b. Appeals from Commercial Courts
c. Jurisdiction in arbitration matters
d. Transfer of suits
78. In a suit for recovery of money, the Specified Value under Section 12(1)(a) shall be determined on the basis of:
a. The principal amount claimed only
b. The principal amount together with future interest
c. The money sought to be recovered inclusive of interest, if any, computed up to the date of filing of the suit or application
d. The amount determined by the Court after trial
79. A suit relates to movable property. Under Section 12(1)(b), the Specified Value shall be determined with reference to:
a. The purchase price of the movable property
b. The market value of the movable property as on the date of filing of the suit, appeal or application
c. The value stated by the defendant
d. The depreciated value of the movable property
80. A suit relates to immovable property. Under Section 12(1)(c), the Specified Value shall be determined on the basis of:
a. The circle rate prevailing on the date of judgment
b. The market value of the immovable property as on the date of filing of the suit, appeal or application
c. The value estimated by the plaintiff
d. The consideration mentioned in the instrument alone
81. A suit concerns an intangible right. Under Section 12(1)(d), the Specified Value shall be determined on the basis of:
a. The value assessed by the Court
b. The market value of the right as estimated by the plaintiff
c. The value fixed by the Central Government
d. The value admitted by the defendant
82. In an arbitration involving a commercial dispute, both a claim and a counterclaim have been made. Under Section 12(2), jurisdiction of the Commercial Division, Commercial Appellate Division or Commercial Court is determined on the basis of:
a. The value of the claim alone
b. The value of the counterclaim alone
c. The aggregate value of the claim and counterclaim as set out in the statement of claim and the counterclaim
d. The higher of the claim or counterclaim
83. A Commercial Court passes an order holding that it has jurisdiction to hear a commercial dispute under the Act. Under Section 12(3), which of the following is correct?
a. An appeal lies as of right.
b. A civil revision under section 115 of the Code of Civil Procedure, 1908 lies as of right.
c. Neither an appeal nor a civil revision application under section 115 of the Code of Civil Procedure, 1908 shall lie against such order.
d. Only a civil revision application under section 115 of the Code of Civil Procedure, 1908 shall lie.
84. Section 12A of the Commercial Courts Act, 2015 deals with:
a. Pre-Institution Mediation and Settlement
b. Determination of Specified Value
c. Appeals from Commercial Courts
d. Transfer of suits
85. Under Section 12A(1), a suit which does not contemplate any urgent interim relief:
a. May be instituted without any pre-condition
b. Shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in the prescribed manner and procedure
c. Shall be instituted only after obtaining leave of the Commercial Court
d. Shall first be referred to arbitration
86. Under Section 12A(2), the Central Government may authorise, by notification, which authority for the purposes of pre-institution mediation?
a. Commercial Courts
b. High Courts
c. Authorities constituted under the Legal Services Authorities Act, 1987
d. District Legal Services Authorities only
87. Under Section 12A(3), the authority authorised for pre-institution mediation shall ordinarily complete the mediation process:
a. Within one month from the date of institution of the suit
b. Within three months from the date of the plaintiff's application under Section 12A(1)
c. Within six months from the date of notice to the defendant
d. Within ninety days from the first mediation session
88. Under the first proviso to Section 12A(3), the period of pre-institution mediation may be extended:
a. By one month at the discretion of the mediator
b. By two months with the consent of the parties
c. By three months on the application of either party
d. Without any maximum limit
89. During pre-institution mediation, the parties remain engaged in mediation proceedings for a certain period. Under the second proviso to Section 12A(3), this period:
a. Shall always be included while computing limitation
b. Shall not be computed for the purposes of limitation under the Limitation Act, 1963
c. Shall be excluded only if mediation succeeds
d. Shall be excluded only by order of the Commercial Court
90. If the parties arrive at a settlement under Section 12A, the settlement:
a. May be oral if acknowledged by the mediator
b. Shall be reduced into writing and signed by the parties to the dispute and the mediator
c. Requires registration before the Commercial Court
d. Requires approval of the Central Government
91. The settlement arrived at under Section 12A has the same status and effect as:
a. A decree of a Commercial Court
b. A compromise under the Code of Civil Procedure, 1908
c. An arbitral award on agreed terms under section 30(4) of the Arbitration and Conciliation Act, 1996
d. An award of the Lok Adalat under the Legal Services Authorities Act, 1987
92. Section 13 of the Commercial Courts Act, 2015 deals with:
a. Appeals from decrees of Commercial Courts and Commercial Divisions
b. Expeditious disposal of appeals
c. Jurisdiction of Commercial Appellate Courts
d. Transfer of commercial disputes
93. A person is aggrieved by the judgment of a Commercial Court below the level of a District Judge. Under Section 13(1), the appeal shall lie:
a. To the High Court within thirty days
b. To the Commercial Appellate Court within sixty days from the date of the judgment or order
c. To the Commercial Appellate Division within ninety days
d. Directly to the Supreme Court within sixty days
94. A Commercial Court at the level of a District Judge exercising original civil jurisdiction passes a judgment. Under Section 13(1A), the appeal shall lie:
a. To the Commercial Appellate Court
b. To the Commercial Appellate Division of the High Court within sixty days from the date of the judgment or order
c. To the High Court under the Code of Civil Procedure, 1908
d. Directly to the Supreme Court
95. Under the proviso to Section 13(1A), an appeal shall lie from orders passed by a Commercial Division or Commercial Court only if such orders are:
a. Certified by the High Court as fit for appeal
b. Specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 as amended by the Act and section 37 of the Arbitration and Conciliation Act, 1996
c. Final orders determining the rights of the parties
d. Passed with the consent of the parties
96. Section 13(2) provides that an appeal from an order or decree of a Commercial Division or Commercial Court:
a. Shall lie under any other law or the Letters Patent of a High Court
b. Shall lie only in accordance with the provisions of the Commercial Courts Act, notwithstanding anything contained in any other law or the Letters Patent of a High Court
c. Shall lie only if certified by the Commercial Court
d. Shall always lie to the Supreme Court
97. Section 14 of the Commercial Courts Act, 2015 deals with:
a. Expeditious disposal of appeals
b. Limitation for filing appeals
c. Jurisdiction of Commercial Appellate Division
d. Execution of decrees
98. Under Section 14, the Commercial Appellate Court and the Commercial Appellate Division shall endeavour to dispose of an appeal:
a. Within three months from the date of judgment
b. Within six months from the date of filing of the appeal
c. Within one year from the date of institution of the suit
d. Within sixty days from admission of the appeal
99. Section 15 of the Commercial Courts Act, 2015 deals with:
a. Transfer of pending cases
b. Appeals from Commercial Courts
c. Jurisdiction of Commercial Courts
d. Case management hearings
100. Under Section 15(1), where a Commercial Division has been constituted in a High Court, all pending suits and applications relating to a commercial dispute of a Specified Value, including applications under the Arbitration and Conciliation Act, 1996, shall be:
a. Dismissed
b. Retained by the original Bench
c. Transferred to the Commercial Division
d. Transferred to the Commercial Appellate Division
101. A Commercial Court is constituted in a district. Under Section 15(2), pending suits and applications relating to a commercial dispute of a Specified Value, including applications under the Arbitration and Conciliation Act, 1996, shall be:
a. Transferred to the Commercial Court
b. Transferred to the High Court
c. Heard by the District Judge irrespective of constitution of the Commercial Court
d. Transferred only if both parties consent
102. Before a Commercial Division or Commercial Court is constituted, a civil court has already reserved final judgment in a commercial dispute of a Specified Value. Under the proviso to Section 15(2):
a. The matter shall nevertheless be transferred.
b. The matter shall be transferred only on the application of either party.
c. The matter shall not be transferred.
d. The matter shall be transferred to the Commercial Appellate Division.
103. A suit relating to a commercial dispute of a Specified Value stands transferred under Section 15(1) or Section 15(2). Under Section 15(3), which procedural law applies thereafter?
a. The Code of Civil Procedure, 1908 alone applies afresh.
b. The provisions of the Commercial Courts Act apply only to those procedures that were not complete at the time of transfer.
c. The entire proceeding must commence de novo.
d. The procedure followed before transfer continues unchanged.
104. Under Section 15(4), after transfer of a suit or application, the Commercial Division or Commercial Court may hold case management hearings primarily to:
a. Record additional evidence
b. Prescribe new timelines or issue further directions necessary for speedy and efficacious disposal in accordance with Order XV-A of the Code of Civil Procedure, 1908
c. Determine the Specified Value afresh
d. Decide the maintainability of the suit
105. In respect of a transferred suit or application under Section 15(4), which of the following is correct regarding the filing of the written statement?
a. The proviso to Order V Rule 1(1) of the Code of Civil Procedure, 1908 applies without exception.
b. The court has no power to alter the period for filing the written statement.
c. The proviso to Order V Rule 1(1) of the Code of Civil Procedure, 1908 does not apply, and the court may, in its discretion, prescribe a new time period for filing the written statement.
d. The written statement must be filed within thirty days in every case.
106. A suit liable to be transferred under Section 15 has not been transferred. On an application by a party, which authority may withdraw the suit from the pending court and transfer it to the Commercial Division or Commercial Court having territorial jurisdiction?
a. The Commercial Court
b. The Commercial Appellate Court
c. The Commercial Appellate Division of the High Court
d. The Chief Justice of the High Court
107. An order passed under Section 15(5) transferring a suit or application to the Commercial Division or Commercial Court is:
a. Appealable to the Supreme Court
b. Subject to revision before the High Court
c. Final and binding
d. Subject to review by the Commercial Court
108. Section 16 of the Commercial Courts Act, 2015 deals with:
a. Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes
b. Transfer of pending cases
c. Appeals from Commercial Courts
d. Jurisdiction of Commercial Courts
109. Under Section 16(1), in relation to a suit concerning a commercial dispute of a Specified Value, the provisions of the Code of Civil Procedure, 1908:
a. Apply without any modification
b. Stand amended in the manner specified in the Schedule
c. Apply only if the parties so agree
d. Apply only to proceedings before the High Court
110. While trying a suit relating to a commercial dispute of a Specified Value, the Commercial Division or Commercial Court shall:
a. Follow the unamended provisions of the Code of Civil Procedure, 1908
b. Follow the provisions of the Code of Civil Procedure, 1908 as amended by the State Government
c. Follow the provisions of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015
d. Follow such procedure as it considers appropriate
111. A Rule of the jurisdictional High Court or an amendment made by the State Government to the Code of Civil Procedure, 1908 conflicts with the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015. Under Section 16(3):
a. The Rule of the jurisdictional High Court shall prevail.
b. The State Government amendment shall prevail.
c. The later of the conflicting provisions shall prevail.
d. The provisions of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015 shall prevail.
112. Section 17 of the Commercial Courts Act, 2015 deals with:
a. Collection and disclosure of data by Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions
b. Power of High Court to issue directions
c. Infrastructure facilities
d. Training of Judges
113. Under Section 17, which of the following information is required to be maintained and updated every month?
a. Only the number of suits instituted
b. Only the number of cases disposed of
c. Statistical data regarding the number of suits, applications, appeals or writ petitions filed, pendency, status of each case and the number of cases disposed of
d. Only the pendency of commercial suits
114. Under Section 17, the statistical data maintained by the Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions shall be:
a. Sent only to the State Government
b. Published in the Official Gazette
c. Published on the website of the relevant High Court
d. Forwarded only to the Central Government
115. Section 18 of the Commercial Courts Act, 2015 deals with:
a. Power of High Court to issue directions
b. Infrastructure facilities
c. Training and continuous education
d. Case management hearings
116. Under Section 18, the High Court may issue practice directions:
a. By administrative order only
b. By notification, to supplement Chapter II of the Act or the Code of Civil Procedure, 1908 insofar as it applies to the hearing of commercial disputes of a Specified Value
c. Only with the approval of the State Government
d. Only in respect of appeals
117. Section 19 of the Commercial Courts Act, 2015 deals with:
a. Infrastructure facilities
b. Power of High Court to issue directions
c. Training and continuous education
d. Collection and disclosure of data
118. Under Section 19, the responsibility for providing necessary infrastructure to facilitate the working of a Commercial Court or a Commercial Division of a High Court rests upon:
a. The Central Government
b. The High Court
c. The State Government
d. The Commercial Appellate Court
119. Section 20 of the Commercial Courts Act, 2015 deals with:
a. Training and continuous education
b. Infrastructure facilities
c. Appointment of Judges
d. Collection and disclosure of data
120. Under Section 20, necessary facilities for training Judges may be established by:
a. The High Court acting alone
b. The Central Government in consultation with the High Court
c. The State Government in consultation with the High Court
d. The National Judicial Academy
121. Under Section 20, training facilities may be established for Judges appointed to:
a. Only Commercial Courts
b. Only Commercial Divisions and Commercial Appellate Divisions
c. Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions
d. All Civil Courts
122. Section 21 of the Commercial Courts Act, 2015 deals with:
a. Act to have overriding effect
b. Power to make rules
c. Repeal and savings
d. Jurisdiction of Commercial Courts
123. A provision of another law for the time being in force is inconsistent with the Commercial Courts Act, 2015. Unless otherwise provided, which of the following is correct under Section 21?
a. The other law shall prevail as it is a special law.
b. The later enactment shall automatically prevail.
c. The provisions of the Commercial Courts Act, 2015 shall have effect notwithstanding such inconsistency.
d. Both laws shall apply simultaneously.
124. An instrument deriving its effect by virtue of a law other than the Commercial Courts Act, 2015 contains a provision inconsistent with the Act. Under Section 21:
a. The instrument shall prevail over the Act.
b. The inconsistency shall be resolved by the High Court.
c. The provisions of the Commercial Courts Act, 2015 shall prevail, save as otherwise provided.
d. The instrument shall prevail if executed before the commencement of the Act.
125. Section 21A of the Commercial Courts Act, 2015 deals with:
a. Power of Central Government to make rules
b. Power to remove difficulties
c. Repeal and savings
d. Overriding effect of the Act
126. Under Section 21A(1), the Central Government may make rules:
a. By executive instructions
b. By notification for carrying out the provisions of the Act
c. Only with the approval of the High Court
d. Only after prior approval of Parliament
127. Which of the following may be prescribed by rules made by the Central Government under Section 21A(2)?
a. The manner and procedure of pre-institution mediation under Section 12A(1)
b. Appointment of Judges of Commercial Courts
c. Pecuniary jurisdiction of District Courts
d. Constitution of Commercial Divisions
128. Under Section 21A(2), the rule-making power of the Central Government also extends to:
a. Matters expressly required or permitted to be prescribed by rules made by the Central Government
b. Any matter relating to civil procedure
c. Any matter relating to the Constitution of India
d. Any matter decided by the High Court
129. Every rule made under Section 21A shall be laid before each House of Parliament:
a. For a total period of thirty days, which may be comprised in one session or in two or more successive sessions
b. For thirty consecutive sitting days in one session only
c. For sixty days in one session only
d. Before the Rajya Sabha only
130. If, before the expiry of the session immediately following the relevant session or successive sessions, both Houses of Parliament agree to modify a rule made under Section 21A:
a. The rule becomes void from its inception.
b. The rule thereafter has effect only in the modified form.
c. The modification requires the President's assent before taking effect.
d. The rule continues unchanged until re-notified.
131. If both Houses of Parliament agree that a rule made under Section 21A should not be made:
a. The rule shall thereafter be of no effect, without affecting the validity of anything previously done under it.
b. The rule shall be deemed never to have existed.
c. All actions previously taken under the rule become invalid.
d. The rule remains effective until withdrawn by the Central Government.
132. Section 22 of the Commercial Courts Act, 2015 deals with:
a. Power to remove difficulties
b. Power to make rules
c. Repeal and savings
d. Collection and disclosure of data
133. If any difficulty arises in giving effect to the provisions of the Act, the Central Government may:
a. Amend the Act by notification
b. By order published in the Official Gazette, make provisions not inconsistent with the Act as appear necessary or expedient for removing the difficulty
c. Issue executive instructions inconsistent with the Act
d. Delegate the power to the High Court
134. Under the proviso to Section 22(1), no order removing difficulties shall be made:
a. After one year from the commencement of the Act
b. After two years from the date of commencement of the Act
c. After three years from the commencement of the Act
d. After five years from the commencement of the Act
135. Every order made under Section 22 shall be:
a. Published in the Official Gazette only
b. Laid, as soon as may be after it is made, before each House of Parliament
c. Approved by the Supreme Court
d. Laid before the State Legislature
136. Section 23 of the Commercial Courts Act, 2015 deals with:
a. Repeal and savings
b. Power to remove difficulties
c. Repeal of rules
d. Saving of pending suits
137. Under Section 23(1), which enactment stands repealed?
a. The Commercial Courts Act, 2015
b. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 (Ordinance 8 of 2015)
c. The Arbitration and Conciliation Act, 1996
d. The Commercial Courts (Amendment) Act, 2018
138. Under Section 23(2), anything done or any action taken under the repealed Ordinance:
a. Ceases to have legal effect upon repeal.
b. Requires fresh validation under the Act.
c. Shall be deemed to have been done or taken under the corresponding provisions of the Act.
d. Continues only if specifically notified by the Central Government.
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