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

Court : Delhi

Subject : 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, … submitted that the CCI clearly passed the impugned order while exercising adjudicatory/judicial functions. It was also contended that Section 22(3) of the Act is ex facie unconstitutional. He said that the terms used, i.e. "meetings", "voting", "second" or

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Subject : Constitution

Acts : 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

Reported in : 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) - … (See : Adarand Constructors Inc. v. Peqa (1995) 515 US 200 at 227). 182. It therefore follows that the government may treat people differently because

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

Court : Delhi

Subject : MRTP

of provisions came into force on 31st March, 2003. The Competition Act has been subsequently amended by the Competition (Amendment) Act, 2007 and the Competition (Amendment) Act, 2009. 114. The Preamble of the Competition Act reads as under:- "An Act … to as the 'impugned 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 … the cost of the end product were contrary to the FRAND obligations. 22. Insofar as the Ericsson's suit against Micromax was concerned, CCI held that

Walmart India Pvt. Ltd. Vs.central Vigilance Commission

Court : Delhi

Subject : 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 … include a suo moto action based on information or knowledge gathered. A newspaper report is, W.P.(C) 3044/2016 Page 22 of 27 at best, a source of information; it is not a complaint made to the CVC. The

Shri Saurabh Tripathy vs.competition Commission of India & Anr.

Court : Delhi

Subject : 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 … DG’s report. Essentially, the petitioner supported the findings as reported. Thereafter, on 22.07.2016, GEECL filed its objections to the DG’s report. The petitioner filed its

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

Court : Delhi

Subject : MRTP

as the Commission may pass and comply with the directions, including payment of costs, if any; [Omitted by Competition (Amendment) Act, 2007]. (g) pass such other 45[order or issue such directions]. as it may deem fit. 46[Provided that while passing … raised by the appellants before 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 … Court in B. Unnikrishnan and Ors. vs. CCI and Ors. W.P. (C) 22534/2016.16. It was his submission that Section 48 which provides for vicarious liability

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … quasi legislative or statutory exercise is mandated by law, has different implications, for example under the Environment Protection Act. This aspect would be considered subsequently.10. In Gwalior Rayon Silk Mfg. Co. Ltd. v. Assistant Commissioner of Sale … Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was … (c) of Section 4(1) of the Right to Information Act; (ii) other 22(1995) 2 SCC16123(1988) 4 SCC59224(2004) 2 SCC47625 (2011) 8 SCC497Transfer Case (C) No.229

In the Matter Of: Paschim Gujarat Vij Company Ltd. Gujarat Vs. Gujarat ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Electricity

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 … Regulatory Commission Act 1998 was enacted in 1998. State Electricity Regulatory Commissions were set up under this Act. Section 22 of this 1998 Act enumerated the functions of State Electricity Regulatory Commission which read as under: “22. Functions … 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.

K.R. Khaleel Ahmed and Others Vs. The State of Karnataka, rep. by its ...

Court : Karnataka

Subject : Education

Papers in regional language having wide circulation in the State specifying the condition of eligibility, the nature of competition, the provisional number of vacancies to be filled up and the reservations available in favour of Scheduled Castes, … of past discrimination but perpetuating it. 163. It is in this background, the Parliament brought the Constitution (Seventy-Seventh Amendment) Act, 1995; The Constitution (Eighty-First Amendment) Act, 2000; The Constitution (Eighty-Second Amendment) Act, 2000 and the Constitution (Eighty-Fifth Amendment) … Court in the case of S.B.BHATTACHARJEE vs S.D.MAJUMDAR AND OTHERS reported in 2007 (10) SCC 513 dealing with the weight to be attached to the … were in excess of the prescribed ratio. Similarly, 22 posts reserved for C-1 category, 110 should have … in conformity with Art.16(4) of the Constitution and also in conformity with Section 4(1) of the Karnataka SC/ST and Other Backward Classes (Reservation on appointments,

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

Subject : 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 … does not deal with a company like the appellant. In other words, while there may be indication in Section 19(4)(g) of the Act that the fact that a body is a monopoly under the statute may indicate … the appellants are 12 susceptible to judicial review in proceedings under Article 226 or even Article 32. It is, in fact, pointed out there are