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Apr 10 2019

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

Court : Delhi

Decided on : Apr-10-2019

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, … Section 18 of the Act shows that the regulatory and adjudicatory functions are discharged by adjudicatory function under Section 3 and 4 of the Act by eliminating practices having an "appreciable adverse effect on competition". Stressing that the

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Jun 15 2023

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

Decided on : Jun-15-2023

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 … undermine the object of the Nationalisation Act and what is more, the wholesome principle enshrined in Article 39(b). Section 3 of the Nationalisation Act, it is next pointed out, vests the ownership of the coal mines in the

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Mar 30 2016

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

Court : Delhi

Decided on : Mar-30-2016

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 … aspect regarding grant or exercise of any right pertaining to a patent except to ensure the compliance with Section 3 and 4 of the Competition Act. He referred to the decision of this Court in the Union of

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Dec 18 2018

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

Court : Delhi

Decided on : Dec-18-2018

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 … 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. The only basis on which the appellants

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Oct 10 2019

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

Court : Delhi

Decided on : Oct-10-2019

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 … 2079/2018 Page 11 of 45 (4) The Commission may forward a copy of the report referred to in sub-section (3) to the parties concerned: Provided that in case the investigation is caused to be made based on reference

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May 02 2012

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Decided on : May-02-2012

Subject : Excise

of the duties entitled to rebate. It is submitted that the aforesaid amendment is not retrospective or clarificatory in nature and is accordingly prospective and … 21/2004 was amended subsequently by notification No. 12/2007 effective from 1st March, 2007 and with effect from the said date CVD was specified as one … on the inputs. 3. CVD is imposed when import is made under the Customs Act, 1962 read with Section 3 of the Customs Tariff Act, 1975. 4. Section 3 of the Customs Tariff Act, 1975 reads as under: … schemes is the same that is to relieve the duties paid on the exported goods to make these competitive in International market to earn foreign exchange. As per Rule 18, the duty paid on goods exported and

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Sep 09 2010

Competition Commission of India Vs. Steel Authority of India and anr.

Court : Supreme Court of India

Decided on : Sep-09-2010

Subject : 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 … abused its dominant position in the market and deprived others of fair competition and therefore, acted contrary to Section 3(4) (Anti-competitive Agreements) and Section 4(1) (Abuse of dominant position) of the Act. This information was registered by the

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Apr 10 2008

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

Court : Supreme Court of India

Decided on : Apr-10-2008

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) - … 1951. Section 45A of the Banking Companies Act, which was introduced by the amending Act of 1953, and Section 3 of the Displaced Persons Act 1951 contained such a non obstante clause, providing that certain provisions would have

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Apr 27 2015

Google Inc. and Ors Vs. Competition Commission of India and Anr

Court : Delhi

Decided on : Apr-27-2015

Subject : MRTP

drawn our attention to Section 37 of the Competition Act which Section prior to its repeal by the Competition (Amendment) Act, 2007 with effect from 12th October, 2007 conferred a power on the CCI to review its order. It was … Act directing investigation by DG, CCI into the Case No.06/2014 filed by the respondent No.2, b) order dated 31 st July, 2014 of the respondent No.1 CCI dismissing the application filed by the appellants for recall of

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Sep 04 2018

Walmart India Pvt. Ltd. Vs.central Vigilance Commission

Court : Delhi

Decided on : Sep-04-2018

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 … below:-"―24. Provisions relating to existing Vigilance Commission.-With effect from the Constitution of the Commission under sub-section (1) of section 3, the Central Vigilance Commission set up by the Resolution of the Government of India in the Ministry of

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