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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, … 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, 53F and 61 (“the impugned provisions” hereafter) of the Act and … the amended Act, post Braham Dutt W.P.(C) 11467/2018 & connected matters Page 34 of 152 (supra), CCI is structured and set up as an expert

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) - … virtue of the Notification issued by the President of India under Articles 341 and 342 of the Constitution. The President may, after consultation with the

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 … Act, 1881 (Section 141), Prevention of Food Adulteration Act, 1954 (Section17) and the Drugs and Cosmetics Act, 1940 (Section 34). In none of these statutes is there any provision which envisages a two stage inquiry, as has been

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 … and responsible arrangements, appurtenances and properties. Accordingly, for its W.P.(C) 2079/2018 Page 34 of 45 the BUYER, the BUYER covenants and agrees to fully protect,

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 … 4, the draft plan is to consist of such maps, diagrams, charts, 34 (2009) 4 SCC299(see paragraph39) 35 (2009) 4 SCC590(see paragraph42) Transfer Case (C) … 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

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

The Judicial Member further finds that NPCL never alleged that the impugned agreement had any adverse effect on competition and that the presumed dominant position of UPPCL had no adverse effect on competition so far as the … accordance with the prescribed procedure and on grounds available for review or amendment. In the present case, the tariff at the relevant time for the … out of the same impugned order viz the one dated 08 Feb. 2007 passed on a petition filed by the Noida Power Company Ltd (NPCL … to filing a petition No.414 by NPCL to UPERC under Section 86 of the Electricity Act 2003 and Section 34 of the U.P. Electricity Reforms Act 1999. In the proceedings before the Commission, the NPCL made Additional Submissions

Zee Turner Ltd. Vs. Telecom Regulatory Authority of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : MRTP

aforesaid interim arrangement was continuing, on or about 03.09.2007, TRAI, made an amendment to the Regulations being Telecommunication (Broadcasting and Cable Services) Interconnect (Fourth Amendment) … as much as having regard to the provisions of the Sports Broadcasting Signals (Mandatory Sharing of Prasar Bharti) Act, 2007, no exclusivity can be maintained as the contents of a sports channel is required to be shared with … 829 - 833, of 2009 as also Clause 34 of the Explanatory Memorandum appended to the Telecommunications … naturally bring about an increase in its price. Therefore, in view of the fact that there are tough competitions prevailing in this sector, TRAI ought to have opined that the doctrine of forbearance should be taken recourse … for subsequently by us with regard to inter alia, the applicability of Section 11(1)(b)(iv) vis-a-vis Section 11(2) of the Telecom Regulatory Authority of India Act

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

methods to regulate anti- competitive practices. This Committee recommended establishment of the Competition Commission of India (CCI), which was envisioned to maintain adequate competition in … tax law, company law or environment law, etc. LEGISLATIVE DEVELOPMENT OF TRIBUNALISATION :38. In India, the Constitution (42nd Amendment) Act, 1976 paved way for tribunalisation of the justice dispensation system by introduction of Articles 323A and 323B in … From Hewart to Leggatt” 28 TRAS51(2009) 6 Excerpts from the ‘Explanatory Notes to the Tribunals, Courts and Enforcement Act, 2007’ prepared by the Ministry of Justice, British Parliament. 10 II. Canada 23. The Tribunal system in Canada, although … III. High Court’s Arrears Committee Report - 1972 34. A committee headed by Justice JC Shah highlighted … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

and the petition for special leave to appeal, the challenge is to the Constitution (One Hundred and Third Amendment) Act, 20191, which came into effect on 14.01.2019, whereby the parliament has amended Articles 15 and 16 of the … been empowered, inter alia, to provide for a maximum of ten per cent. reservation for “the economically weaker sections”2 of citizens other than “the Scheduled Castes”3, “the Scheduled Tribes”4 and the non-creamy layer of “the Other Backward … the means by which this gap can be bridged. Likewise, under Article 340, the first Backward Classes Commission laid down 22 parameters for the identification

Gajendra Haldea Vs. State of the Nct of Delhi and ors.

Court : Delhi

Subject : Electricity

Acts : Delhi Electricity Reforms Act, 2000 - Sections 2, 9(2), 3(2), 10, 11, 11(1), 11(2), 12, 12(1), 12(2), 12(3), 12(4), 14, 14(2), 14(5), 15, 15(4), 16, 20, 20(9), 23, 24, 25, 26(4), 28, 28(2), 28(3), 29(2), 30 to 34, 42 and 60; Electricity Act, 1910; Electricity (Supply) Act, 1948 - Sections 49, 50, 57, 57A and 78A; Electricity Regulatory Commissions Act, 1998 - Sections 29 and 30; Electricity Act, 2003 - Sections 42(1), 42(2), 42(3), 61, 82(4), 86(2), 131(2), 185 and 185(2); Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971; Bulk Supply Tariff Order; Constitution of India - Articles 148 and 226; Delhi Electricity Reform Ordinance; Delhi Electricity Reform (Transfer Scheme) Rules, 2001

Reported in : 2007(97)DRJ1; 2007LC(DEL)1429

Matched in: Citation 2007(97)DRJ1; 2007LC(DEL)1429