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Samir Agrawal Vs. Competition Commission Of India
Supreme Court of India
Dec-15-2020
MRTP
as one does not have to be a “consumer” or a “complainant”, which was the position before the Competition (Amendment) Act, 2007 [“2007 Amendment”].. He contrasted these provisions with sections 53B and 53T of the Act, where the expression used … or “cost accountant” or “legal practitioner” shall have the meanings respectively assigned to them in the Explanation to section 35. Appeal to Supreme Court 53T. The Central Government or any State Government or the Commission or any statutory
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 The provision, as originally enacted, provided for an inquiry ―on receipt of a complaint‖.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 … on a complaint made to him”. The Advocates Act, 1961 also has provisions for conducting suo motu inquiry. Section 35 and 36 of the Advocates Act, 1961 specifically provides that the Bar Council of India, “on receipt of
Tag this Judgment! AI Brief & AskCompetition 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 … the Commission in terms of Section 57 of the Act and Regulation 35 of the Regulations. Wherever, in the course of the proceedings before the … 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
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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 Supreme Court's decisions regarding academic freedom [Sweezy v. New Hampshire (1957) 354 US 234 at 263 and Keyishian v. Board of Regents (1967) 385
Tag this Judgment! AI Brief & AskMahyco Monsanto Biotech (India) Private Ltd & Anr. Vs.competition ...
Delhi
Dec-18-2018
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 … Section 27(b) being 10% of the average LPA6372018 and connected matter Page 35 of 42 ‘turnover’ for the last three preceding financial years cannot be … 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
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 … Fuel solely for its own business purposes subject to the maximum of 35000 (Thirty Five Thousand Only) STANDARD CUBIC METERS per day (SCMD) and a
Tag this Judgment! AI Brief & AskZee Turner Ltd. Vs. Telecom Regulatory Authority of India and Others
Telecom Disputes Settlement and Appellate Tribunal TDSAT
Dec-16-2010
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 … all addressable systems should not be more than 35% of corresponding channel(s) and bouquets in cable TV … 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
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 … 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 … in the financial year 2013-2014 by sale of 35.29 lakhs metric tones of cement manufactured and marketed
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, … a tabular chart was presented to the court, which is extracted below: SECTION OF DETAILS RELEVANT THE ACT Section 35 Regulation 29 Section 36(2) Section 19 Section 26 (2) States that the parties can present the case before
Tag this Judgment! AI Brief & AskRajeev Suri Vs. Union Of India
Supreme Court of India
Jan-05-2021
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 … to consist of such maps, diagrams, charts, 34 (2009) 4 SCC299(see paragraph39) 35 (2009) 4 SCC590(see paragraph42) Transfer Case (C) No.229 of 2020 Page 66 … 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
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