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Coromandel 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 … as to best subserve the common good. Article 37 provides that the provisions of Part IV shall … 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 & AskGoogle Inc. and Ors Vs. Competition Commission of India and Anr
Delhi
Apr-27-2015
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
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 … function of the Courts is only to LPA6372018 and connected matter Page 37 of 42 expound and not to legislate. Legislation in a modern State … 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
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Shri 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 … withheld the supply of CBM without sufficient cause. There W.P.(C) 2079/2018 Page 37 of 45 is nothing unfair in enabling parties to terminate their agreement
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 … per the Policy would become the applicable tariff. 37. He further argued that the Order dated 11.08.2006 … 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 & Askincome Tax Officer Vs. Bothra International and ors.
Income Tax Appellate Tribunal ITAT Jodhpur
Jun-27-2008
Direct Taxation
shapes and designs made on specification for various foreign buyers. (v) Further there is continuous increase in the competition from within the country and from other countries mainly China, where such wooden handicraft items are available comparatively … asst. yr. 1989-90 and the High Court has clearly given finding that amendment of excluding the income falling within the Clauses (iiia), (iiib) and (iiic) … an appeal by the Revenue against the separate orders dt. 28th May, 2007 of learned CIT(A), Jodhpur. On the consent of the parties this request … the Customs and central excise duties Drawback Rules, 1995 framed under Section 75(2) of the Customs Act and Section 37 of the Central Excise Act, 1944. Under this scheme, drawback is allowed not only of the duties incurred
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
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 … v. London Borough of Tower Hamlets (2011) J.P.L. 40 at para 36, 37 citing Smith v. North Derbyshire Primary Care Trust (2006) EWCA Civ 1291, … 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
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, … require the opinion of experts [Section 36 (3)].. Significantly, CCI has no power to review its orders: previously, Section 37 permitted review; however, the 2007 amendment repealed that provision; it has limited rectification power, under Section 38. In
Tag this Judgment! AI Brief & AskRojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager
Supreme Court of India
Nov-13-2019
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 … out a case that such phraseology was deliberately incorporated in the Constitution by making a conscious departure from Section 37 of the Government of India Act, 1935. Inclusion of Part XIV in the Finance Act, 2017 is shown
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