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Start Free TrialCompetition Act, 2002 Chapter 2
Title: Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations
State: Central
Year: 2002
.....of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 5 - Combination Regulation of combinations 5. Combination.-- The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if-- (a) any acquisition where-- (i) the parties to the acquisition, being the acquirer and the enterprise, whose control shares, voting rights or assets have been acquired or are being acquired jointly have,-- (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 5
Title: Combination
State: Central
Year: 2002
.....referred to in sub-section (5) of section 3. ___________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars or turnover more than fifteen hundred million US dollars; or" 2. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars or turnover more than six billion US dollars; or" 3. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars or turnover more than fifteen hundred million US dollars; or" 4. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars or turnover more than six billion US dollars; or" 5. Substituted for the following by the.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Complete Act
State: Central
Year: 2002
.....or market therefor; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access; or (d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or (e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Explanation.-For the purposes of this section, the expression - (a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to- (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour; (b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, or production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. SECTION 05: COMBINATION. -The.....
List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Complete Act
State: Central
Year: 2002
.....Government or which do not already vest in the Central Government but have been acquired for the purpose of Highway shall, for the purposes of this Act, and other Central Acts, be deemed to be the property of the Central Government as owner thereof. (2) The Highway Administration shall cause to be maintained a record in the prescribed manner in which the particulars of the lands, relating to the Highway, of which the Central Government is the owner shall be entered and the entries of the particulars of such lands in any record maintained for such purpose before the commencement of this Act shall be deemed to be the entry of the particulars of such lands made in the first said record and accordingly the Central Government shall be deemed to be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this Act. (3) Any person claiming against the ownership of the Central Government referred to in subsection (2) shall make written complaint to the Highway Administration and prove his claim before it and the Highway Administration, after considering the evidence produced by such person, may correct such records or.....
List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Chapter 3
Title: Prevention of Unauthorised Occupation of Highway Land and their Removal
State: Central
Year: 2002
.....in sub-section (7). (9) The Highway Administration or an officer authorised by such Administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). Section 27 - Recovery of cost of removal of unauthorised occupation and fine imposed (1) Where a Highway Administration or the officer authorised by such Administration in this behalf has.....
View Complete Act List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Section 27
Title: Recovery of Cost of Removal of Unauthorised Occupation and Fine Imposed
State: Central
Year: 2002
.....occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repaired any damage under sub-section (2) of section 36, the material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained in possession of the Highway Administration or such officer till the payment of the bill in respect thereof served under sub-section (2) and on payment of such bill such material shall be returned to the person entitled for the material, but in case of the failure of such payment within the time specified for the payment in the bill, the material may be sold by auction by the Highway Administration or such officer and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if any, shall be returned to the person entitled therefor. (5) In case where the proceeds of the auction under sub-section (4) is less than the amount recoverable under the bill referred to in that sub-section, the difference between such proceeds and the amount so recoverable or where no such auction has been made, the amount recoverable under the bill shall, in case of failure of.....
View Complete Act List Judgments citing this sectionThe Maharashtra Value Added Tax Act, 2002 Complete Act
State: Maharashtra
Year: 2002
.....Purpose Act, 1985 and (v) The Maharashtra Sales Tax on the Transfer of Property in goods involved in the execution of Works Contract (Re-enacted) Act, 1989. each of them as amended from time to time, and includes enactments which have validated anything done or omitted to be done under any of the above mentioned laws; (12) "goods" means every kind of moveable property not being newspapers, actionable claims, money, stocks, shares, securities or lottery tickets and includes live stocks, growing crops, grass, and trees and plants including the produce thereof including property in such goods attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; (13) "importer" means a dealer who brings any goods into the State or to whom any goods are dispatched from any place outside the State; (14) "legal representative" shall have the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908; (15) "manufacture" with all its grammatical variations and cognate expressions includes producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or.....
List Judgments citing this sectionThe Punjab Infrastructure (Development & Regulation) Act, 2002 Complete Act
State: Punjab
Year: 2002
.....which The Punjab State Electricity Regulatory Commission established under sub-section (1) of section 17 of the Electricity Regulatory Commissions Act, 1998 (Act No. 14 of 1998), is empowered to discharge. (2) The Authority shall always act consistent with the objectives and purposes for which it has been established. (3) Orders passed by the Authority in exercise of its powers under this Act, shall be final and binding on all concerned and shall be executable as a decree. Section 15 - Authority to have powers of a Civil Court (1) The Authority, in conduct of all proceedings before it and in exercise of its powers under this Act, will be guided by the principles of natural justice. (2) The Authority shall have the some powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of :- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of documents (iii) receiving evidence on affidavits ; (iv) issuing commissions for the examination of witnesses or documents; (v) reviewing its decisions ; (vi) dismissing an application for default or deciding it ex parte, setting aside any.....
List Judgments citing this sectionHaj Committee Rules, 2002 Complete Act
State: Central
Year: 2002
.....prior sanction of the Committee : Provided that the Chairperson may, if he considers it necessary to do so, grant such sanction and obtain ex-post -facto approval of the Committee; (b) of a value or amount exceeding Rs. 50,000 shall require the prior approval of the Central Government: Provided that nothing contained in this sub -rule shall apply to any expenditure relating to any of the following items, namely :" (i) refund of passage deposit and passage monies or of any other deposit received from or on behalf of the pilgrims; (ii) payment of sale proceeds of effects of deceased pilgrims; (iii) payment to and refund from airlines and other travel agencies on account of air fare or sea fare. (3) Every contract referred to in sub-rule (1) shall be in writing and shall be signed by the Chief Executive Officer on behalf of the Committee and countersigned by the Chairperson or Vice -Chairperson and one other member of the Committee duly authorised in this behalf, and be sealed with the common seal of the Committee. (4) No articles of dead stock of a book value of up to Rs. 5,000 shall be written off without the previous sanction of the Committee: Provided that when the book value.....
List Judgments citing this sectionFinance Act, 2002 Complete Act
State: Central
Year: 2002
.....Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT -(1) This Act may be called the Finance Act, 2002. (2) Save as otherwise provided in this Act, Sections 2-to116-shall be deemed to have come into force on the 1st day of April, 2002. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2002, income tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income tax calculated under Chapter VIII-A of the Income Tax Act, 1961(43 of 1961) (hereinafter referred to as the Income Tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds fifty thousand rupees, then,- (a) the net agricultural income shall be taken into account, in the manner provided.....
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