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Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)
Supreme Court of India
Apr-10-2008
Constitution
Constitution of India (Ninety-Third Amendment) Act, 2005 - Article 15(5); ;Central Educational Institutions (Reservation in Admission) Act, 2006 - Sections 2, 2(24), 3, 4, 5, 6, 9, 9(1), 10, 12, 13 and 55; ;Societies Registration Act, 1960; ;Civil Rights Act, 1964; ; Constitution of India (86th Amendment) Act; Constitution of India (42nd Amendment) Act; ;Madras Provincial and Subordinate Services Rule, 1942; Kerala State and Subordinate Services Rules - Rules 5 and 13AA; ;Constitution of India - Articles 3(4), 12 to 35, 38, 38(1), 38(2), 39, 41, 45, 46, 47, 51A, 51A(3), 109, 117, 136, 143(1), 162, 226, 227, 292, 323A2D, 323B3D, 325, 330, 332, 334, 337, 329A(4), 334, 335, 337, 340, 341, 341(1), 342, 358, 359, 366(24), 366(25), 368, 368(2) and 371D(5); Reciprocal Insurance A
2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534; [2008] 4 SCR 1
other affirmative action contemplated under Article 15(5) of the Constitution of India 164. Based on the Ninety-Third Constitutional Amendment Act, Act 5 of 2007 has been enacted. According to the petitioner's Counsel, this is a 'suspect legislation' and … inequalities. It would enable the advanced castes to eliminate any challenge or competition to their leadership in the professions and services and that they will … equal - That will be a beginning for a casteless egalitarian society - CENTRAL EDUCATIONAL INSTITUTIOs(RESERVATION IN ADMISSION) ACT, 2007. Section 2(g): [K.G. Balakrishnan, C.J.I., Dr. Arijit Pasayat, C.K. Thakker, R.V. Raveendran & Dalveer Bhandari, JJ] (per Court) - … the Constitution, the Central List has been in operation for the past 14 years and not a single person has challenged any inclusion in the
Tag this Judgment! AI Brief & AskWalmart India Pvt. Ltd. Vs.central Vigilance Commission
Delhi
Sep-04-2018
Land Acquisition
WIPL had also referred to Section 19(1)(a) of the Competition Act, 2002, which was subsequently amended by the Competition Amendment Act, 2007. The provision, as originally enacted, provided for an inquiry ―on receipt of a complaint‖. This was amended by … WIPL. Thus, the contention that the inquiry being conducted is arbitrary and unreasonable and falls foul of Article 14 of the Constitution of India is unmerited.22. The next question to be answered is whether the proceedings initiated
Tag this Judgment! AI Brief & AskShri Saurabh Tripathy vs.competition Commission of India & Anr.
Delhi
Oct-10-2019
Land Acquisition
of its turnover for each year of the continuance of such agreement, whichever is higher.]. (c) [Omitted by Competition (Amendment) Act, 2007]. (d) direct that the agreements shall stand modified to the extent and in the manner as may be … (hereafter ‘CCI’) in Case No.63/2014, whereby CCI had concluded that a case of contravention of the provisions of Section 4 of the Competition Act, 2002 (hereafter ‘the Act’) was established against respondent no.2 (Great Eastern Energy Corporation … report. He was also informed that CCI had scheduled a hearing on 14.07.2016 to hear oral submissions in the matter.11. The petitioner filed the response
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Competition Commission of India Vs. Steel Authority of India and anr.
Supreme Court of India
Sep-09-2010
MRTP
kinds of functions, one, advisory and regulatory and other adjudicatory. Though the Tribunal has been constituted by the Competition (Amendment) Act, 2007, the Commission continues to perform both the functions stated by 68 this Court in that case. Cumulative effect of … appeal should be unconditional or conditional. Such law does not violate Article 14 of the Constitution. An appeal to be maintainable must have its genesis … functions, including passing of interim orders and even awarding compensation and imposing penalty. The Director General appointed under Section 16(1) of the Act is a specialized investigating wing of the Commission. In short, the establishment of the
Tag this Judgment! AI Brief & AskMahindra Electric Mobility Limited and Anr. Vs.cci and Anr.
Delhi
Apr-10-2019
MRTP
one advisory and regulatory, and the other adjudicatory; and an appellate body following up the adjudicatory body. The Competition Amendment Act, 2007 was passed on a complete misreading of Braham Dutt (supra). The adjudicatory function of the CCI remained unchanged, … an amendment (that introduced Chapter IV in the TRAI Act) with effect from 24.01.2000. It is created by Section 14; its jurisdiction is to inter alia, adjudicate inter se disputes between service providers, licensees and licensors; also between
Tag this Judgment! AI Brief & AskCoromandel Mining and Exports Pvt. Ltd. and Others Vs. Union of India ...
Andhra Pradesh
Sep-11-2015
Land Acquisition
a transparent and fair method for making selections so that all eligible persons get a fair opportunity of competition. To put it differently, the State and its agencies/instrumentalities must always adopt a rational method for disposal of … first, to declare that Sections 8, 10, 11 and 13 of The Mines and Minerals (Development and Regulation) Amendment Act, 2015 (for short the Amendment Act') notified in the extraordinary gazette dated 27.03.2015 and brought into effect on … first, whether the exercise undertaken by Department of Telecommunications (DoT) from September, 2007 to March, 2008 for grant of Unified Access Services (UAS) licences to … unreasonable, arbitrary and unconstitutional being violative of Articles 14, 19(1)(g), 39, 300(A) and 301 of the Constitution … two prayers have been made in these petitions, first, to declare that Sections 8, 10, 11 and 13 of The Mines and Minerals (Development and
Tag this Judgment! AI Brief & AskIn the Matter Of: Paschim Gujarat Vij Company Ltd. Gujarat Vs. Gujarat ...
Appellate Tribunal for Electricity APTEL
May-31-2011
Electricity
dated 11.08.2006. 7 On 7.1.2009, the Government of Gujarat amended the Wind Power Policy, 2007. As per this amendment to the Policy the Distribution Licensees were allowed to purchase surplus power from Wind Turbine Generators wheeling power … regulations then later will prevail over the policy. 14. We have heard the Learned Counsel for the … Obligation set by the State Commission, the purchase of excess energy shall be at the rate determined through competitive bidding. Admittedly there was no competitive bidding process implemented for procurement of such surplus energy by the Appellant. … of the above communication to the 2nd Respondent. 9 Aggrieved by the act of the Appellant, the 2nd Respondent filed petition before the State Commission … 2006 passed by the State Commission while discharging its statutory function under section 62 and 86 of the Electricity Act 2003. II. The generation tariff
Tag this Judgment! AI Brief & AskPro Sportify Pvt. Ltd. Vs.the Commissioner of Entertainment Tax, Gnctd
Delhi
Dec-22-2017
Land Acquisition
company logo or trading name, giving the sponsor exclusive or priority booking rights, sponsoring prizes or trophies for competition as well as other benefits associated with sponsorship. Pertinently DEN mentions that the sponsorship is not dependent on … (“DEBT Act” or “the Act”), introduced with retrospective effect from 01.04.1998 by amendment (Notification No.F.14(9)/LA- 2012 /CONS2LAWW/148 hereafter “impugned notification” or “impugned amendment”) dated 01.10.2012. … tournament (IPL), a cricket tournament played yearly in the “T-20” format since 2007. IPL matches in the tournament take place in different locales in stadiums … entertainment. Believing that its fashion shows were entertainment events, FDCI had applied for exemption under the provisions of Section 14 of the Act; the then Joint Secretary (Finance) acting at the behest of the Government of National Capital
Tag this Judgment! AI Brief & AskBcci vs.govt. Of Nct of Delhi and Ors.
Delhi
Dec-22-2017
Land Acquisition
company logo or trading name, giving the sponsor exclusive or priority booking rights, sponsoring prizes or trophies for competition as well as other benefits associated with sponsorship. Pertinently DEN mentions that the sponsorship is not dependent on … (“DEBT Act” or “the Act”), introduced with retrospective effect from 01.04.1998 by amendment (Notification No.F.14(9)/LA- 2012 /CONS2LAWW/148 hereafter “impugned notification” or “impugned amendment”) dated 01.10.2012. … tournament (IPL), a cricket tournament played yearly in the “T-20” format since 2007. IPL matches in the tournament take place in different locales in stadiums … entertainment. Believing that its fashion shows were entertainment events, FDCI had applied for exemption under the provisions of Section 14 of the Act; the then Joint Secretary (Finance) acting at the behest of the Government of National Capital
Tag this Judgment! AI Brief & AskDen Soccer Private Limited vs.gnctd and Ors.
Delhi
Dec-22-2017
Land Acquisition
company logo or trading name, giving the sponsor exclusive or priority booking rights, sponsoring prizes or trophies for competition as well as other benefits associated with sponsorship. Pertinently DEN mentions that the sponsorship is not dependent on … (“DEBT Act” or “the Act”), introduced with retrospective effect from 01.04.1998 by amendment (Notification No.F.14(9)/LA- 2012 /CONS2LAWW/148 hereafter “impugned notification” or “impugned amendment”) dated 01.10.2012. … tournament (IPL), a cricket tournament played yearly in the “T-20” format since 2007. IPL matches in the tournament take place in different locales in stadiums … entertainment. Believing that its fashion shows were entertainment events, FDCI had applied for exemption under the provisions of Section 14 of the Act; the then Joint Secretary (Finance) acting at the behest of the Government of National Capital
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