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Home Bare Acts Phrase: positivelyCompetition 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 4
Title: Prohibition of Abuse of Dominant Position: Abuse of Dominant Position
State: Central
Year: 2002
.....provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors. 3[(c) "group" shall have the same meaning as assigned to it in clause (b) 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.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 27
Title: Orders by Commission After Inquiry into Agreements or Abuse of Dominant Position
State: Central
Year: 2002
.....section, against such members of the group.]] __________________________________________ 1. Proviso substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to substitution it read as: "Provided that in case any agreement referred to in section 3has been entered into by any cartel, the Commission shall impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty equivalent to three times of the amount of profits made out of such agreement by the cartel or ten per cent, of the average of the turnover of the cartel for the last preceding three financial years, whichever is higher;" 2. Clause (c) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(c) award compensation to parties in accordance with the provisions contained in section 34;" 3. Clause (f) omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(f) recommend to the Central Government for the division of an enterprise enjoying dominant position;" 4. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the word.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 12
Title: Power to Alter the Position of Pipe, Electric Supply Line, Drain or Sewer, Etc.
State: Central
Year: 1989
(1)A railway administration may, for the purpose of exercising the powers conferredon it by this Act, alter the position of any pipe for the supply of gas,water,oil or compressed air, or the position of any electric supply line, drain orsewer: Providedthat before altering the position of any such pipe, electric supply line, drainor sewer, the railway administration shall give a notice indicating the time atwhich the work of such alteration shall commence, to the local authority orother person having control over the pipe, electric supply line, drain or sewer. (2)The railway administration shall execute the work referred to in subsection(1) to the reasonable satisfaction of the local authority or the personreceiving the notice under the proviso to sub-section (1).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 19
Title: Admissions by Persons Whose Position Must Be Proved as Against Party to Suit
State: Central
Year: 1872
Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, IS A denies that C did owe rent to B.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 19
Title: Inquiry into Certain Agreements and Dominant Position of Enterprise
State: Central
Year: 2002
.....determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:-- (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition by hindering entry into the market; (d) accrual of benefits to consumers; (e) improvements in production or distribution of goods or provision of services; (f) promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. (4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section4, have due regard to all or any of the following factors, namely:-- (a) market share of the enterprise; (b) size and resources of the enterprise; (c) size and importance of the competitors; (d) economic power of the enterprise including commercial advantages over competitors; (e) vertical integration of the enterprises or sale or service network of such enterprises; (f) dependence of consumers on the enterprise; (g) monopoly or dominant position whether.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 28
Title: Division of Enterprise Enjoying Dominant Position
State: Central
Year: 2002
..... (3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser.] ___________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets, letter and figures "Central Government, on recommendation under clause (f) of section 27" 2. Omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise;" 3. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionIndian Telegraph Act, 1885 (13 of 1885) Section 14
Title: Power to Alter Position of Gas or Water Pipes or Drains
State: Central
Year: 1885
The telegraphauthority may, for the purpose of exercising the powers conferred upon it bythis Act in respect of any property vested in or under the control ormanagement of a local authority, alter the position thereunder of any pipe (notbeing a main) for the supply of gas or water, or of any drain (not being a maindrain): Providedthat-- (a)When the telegraph authroity desires to alter the position of any such pipe ordrain, it shall give reasonable notice of its intention to do so, specifyingthe time at which it will begin to do so, to the local authority, and, when thepipe or drain is not under the control of the local authority, to the personunder whose control the pipe or drain is; (b)a local authority or person receiving notice under clause (a) may send a personto superintend the work, and the telegraph authority shall execute the work tothe reasonable satisfaction of the person so sent.
View Complete Act List Judgments citing this sectionBombay Civil Courts Act, 1869 Section 4
Title: Position of Sadr Station
State: Central
Year: 1869
The State Government may also from time to time, by a notification in the Official Gazette, alter the position of the sadr station in any district, and fix the position of the sadr station in any new district.
View Complete Act List Judgments citing this sectionConstitution of India Article 243I
Title: Constitution of Finance Commissions to Review Financial Position
State: Central
Year: 1950
.....any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them, (4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
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