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Union of India Vs. Competition Commission of India and Others

Court : Delhi

Subject : MRTP

entertain the complaint on the basis of the information of respondent No. 2 under Section 19(1) of the Competition Act, 2002 (the Act). The Commission has rejected the stand of the petitioner that it is not an ‘enterprise’ within … the Act. If it is an ‘enterprise’ under Section 2(h) of the Act, the Commission gets jurisdiction under Chapter IV of the Act. 20. The Commission has taken note of Section 54 of the Act, which provides … the Container Corporation of India (CONCOR), inter alia, alleging contravention of Section 4 of the Act. It is the case of respondent No. 2 that

Resources of Aviation Redressal Association Vs. Uoi and ors

Court : Delhi

Subject : Airports

Acts : Airports Economic Regulatory Authority of India Act, 2008 - Section 13; Airports Authority of India Act, 1994 - Sections 22A, 28K; General Clauses Act, 1897 - Section 6; Monopolies and Restrictive Trade Practices Act, 1969 - Section 5(1); Consumer Protection Act,1986 - Section 9; Indian Companies Act, 1913 - Section 202

Commission established under section 9 of the Consumer Protection Act,1986; (iii) which are within the purview of the Competition Act, 2002; (iv) relating to an order of eviction which is appealable under section 28K of the Airports Authority of … issue, whether an appeal would lie to the Appellate Tribunal. Section 17 of the Act, which occurs in chapter IV deals with Appellate Tribunal and provides that Central Government by notification in the Official Gazette can establish … tariff-arrangement and, therefore, notices and the consequent imposition were not ultra vires. 4. Being dissatisfied with the order passed by this Court, SLP (Civil) No.23541/2009

Mahyco Monsanto Biotech (India) Private Ltd & Anr. Vs.competition ...

Court : Delhi

Subject : MRTP

14 of 42 contravention of orders of the CCI or DG under Section 42 to 44 of the Competition Act and not for contravention of Section 3 and 4 of the Competition Act by the Company is misconceived. … CCI may, in a given case, be entitled to invoke provisions of Chapter VI of the 2002 Act if the pre-condition of the various Sections … the learned Single Judge with respect to the scope, ambit and applicability of Section 48 of the Companies Act, 2002 were never raised before and / or dealt by the Division Bench in Cadila (Supra). It is stated

Competition Commission of India Vs. Jcb India Ltd. and Ors.

Court : Delhi

Subject : MRTP

are as under:Bull Machines Pvt. Ltd. (respondent No.2 herein) filed information before CCI under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Section 4 of the said Act by JCB India Ltd. (respondent No.1 … property both movable and immovable and to contract and shall by the said name sue or be sued. Chapter IV of the Act deals with the duties, powers and functions of CCI. As held in CCI vs.

Competition Commission of India Vs. Jcb India Ltd. and Ors.

Court : Delhi

Subject : MRTP

are as under:Bull Machines Pvt. Ltd. (respondent No.2 herein) filed information before CCI under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Section 4 of the said Act by JCB India Ltd. (respondent No.1 … property both movable and immovable and to contract and shall by the said name sue or be sued. Chapter IV of the Act deals with the duties, powers and functions of CCI. As held in CCI vs.

Uttarakhand Agricultural Produce Marketing Board and Ors. Vs.competiti ...

Court : Delhi

Subject : MRTP

of the Competition Commission of India (CCI) LPA6742017 Page 1 of 8 made under Section 26(1) of The Competition Act, 2002 (hereinafter referred to as „the Act‟) expressing prima facie opinion that the Board had restricted production by Indian … the Act. If it is an „enterprise‟ under Section 2(h) of the Act, the Commission gets jurisdiction under Chapter IV of the Act.20. The Commission has taken note of Section 54 of the Act, which provides that … (IMFL), resulting in denial of marketing access and thus, provisions of Section 4(2) of the Act were attracted. The CCI required the Director General to

Kakaral Ravikumar, Koppa and Others Vs. the State of Karnataka, Rep. b ...

Court : Karnataka Dharwad

Subject : Land Acquisition

process of growth.” This profound observation equally applies in other branches of law as well. Wherever arises a competition, nay, conflict between survival and development, courts and Judges are better advised to remember the profound observations of … Committee before which the fourth respondent had filed an application under the provisions of the Karnataka Industries [Facilitation] Act, 2002, [for short ‘Facilitation consideration Act] availing the services of Udyog Mithra had given due consideration to the request … submission to the contrary is rejected, extending the applicability of provisions of Chapter VII of the Act and this Notification also indicated that while the … (Prayer: These Writ Appeals filed u/s 4 of the Karnataka High Court Act, praying to call for records and

U.P. State Road Transport Corporation Vs. State of U.P. and Others

Court : Allahabad

Subject : Motor Vehicles

1967 SC 1815, the Apex Court reiterated the same view observing that State Transport Undertaking may enter into competition with private operators having obtained permits under Chapter IV of the Act, 1939. Similar view has been reiterated … for the corporation to ply only via Mandawali. Respondent no.4, a private operator, filed Writ Petition No.755 of 2002 before Lucknow Bench of the High Court. The said writ petition was disposed of directing the Transport Commissioner,

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

order' or 'impugned orders') passed by the Competition Commission of India (hereafter 'CCI') under Section 26(1) of the Competition Act, 2002 (hereafter referred to as 'the Competition Act'). The impugned order dated 12th November, 2013 was passed pursuant to … is a body established under Section 7 of the Competition Act and performs the functions as mandated under Chapter IV of the Competition Act. CCI being a creature of the statute has to perform its functions and … Competition Act and the same is the subject matter of W.P.(C) No. 464/2014 (hereafter also referred to as the 'Micromax Petition') and the impugned order

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Subject : MRTP

all these proceedings, under Article 226 of the Constitution of India, the petitioners challenge various provisions of the Competition Act, 2002 (hereafter “the Act”). The specific challenge is to provisions of Sections 22(3), 27(b), 53A, 53B, 53C, 53D, 53E, … but not under Section 3 of the Act. Hearing on penalty is extended to all other cases under Chapter VI of the Act including for non-cooperation and gun-jumping, but not for penalties in respect of contraventions under … DELHI Reserved on:11. 12.2018 Pronounced on:10. 04.2019 + W.P.(C) 11467/2018, CM APPL. 44376-44378/2018 MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. COMPETITION COMMISSION OF INDIA AND ANR.