Section 2(1) in Jammu and Kashmir Protection of Interests of Depositors (In Financial Establishments) Act, 2018
(1)In this Act, unless the context otherwise requires,-(a)"Commercial Appellate Courts" means the Commercial Appellate Courts designated under section 4 ;(b)"Commercial Court" means the Commercial Court constituted under sub-section (1) of section 3 ;(c)"Commercial dispute" means a dispute arising out of-(i)ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents ;(ii)export or import of merchandise or services ;(iii)issues relating to admiralty and maritime law ;(iv)transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same ;(v)carriage of goods ;(vi)construction and infrastructure contracts, including tenders ;(vii)agreements relating to immovable property used exclusively in trade or commerce ;(viii)franchising agreements ;(ix)distribution and licensing agreements ;(x)management and consultancy agreements ;(xi)joint venture agreements ;(xii)shareholders agreements ;(xiii)subscription and investment agreements pertaining to the services industry including outsourcing services and financial services ;(xiv)mercantile agency and mercantile usage ;(xv)partnership agreements ;(xvi)technology development agreements ;(xvii)intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;(xviii)agreements for sale of goods or provision of services ;(xix)exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum ;(xx)insurance and re-insurance ;(xxi)contracts of agency relating to any of the above ; and(xxii)such other commercial disputes as may be notified by the Central Government.Explanation : - A commercial dispute shall not cease to be a commercial dispute merely because-(a)it also involves action for recovery of immovable property or for realization of monies out of immovable property given as security or involves any other relief pertaining to immovable property ;(b)one of the contracting parties is the State or any of its agencies or instrumentalities Government mentalities, or a private body carrying out public functions ;(d)"District Judge" shall have the same meaning as assigned to it in clause (a) of section 109 of the Constitution of the Jammu and Kashmir ;(e)"document" means any matter expressed or described upon any substance by means of letters, figures or marks, or electronic means, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter ;(f)"Government" means the Government of Jammu and Kashmir ;(g)"High Court" means the High Court of Jammu and Kashmir ;(h)"Notification" means a notification published in the Government Gazette and the expression notify with its cognate meanings and grammatical variations shall be construed accordingly ;(i)"Schedule" means the Schedule appended to the Act ;(j)"Specified Value", in relation to a commercial dispute, shall mean the value of the subject matter in respect of a suit as determined in accordance with section 8 which shall not be less than one crore rupees or such higher value, as may be notified by the Central Government ; and(k)"State" means the State of Jammu and Kashmir.
