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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, … Procedure, 1908, while trying a suit. Determines/adjudicates the issue of contravention of the provisions of Section 3 or Section 4 of the Act. The CCI can also dispose of the matter / close the matter in case it

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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 … it is emphasized that the appellants are not free as a private player to lay off its employees.9. Section 4(2)(a) of the Act prohibits unfair and discriminatory price fixation or conditions for the sale or purchase of goods

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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 … thus, the same would be outside the scope of the Competition Act. 25. Mr. Vaidyanathan next contended that Section 4 of the Act was not applicable in respect of licensing of patents for the following reasons:- (a) That

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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 … section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:- (a) direct

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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 … (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 Ltd.

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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) - … in the State of Andhra Pradesh, Backward Classes have been divided into 4 divisions and separate percentage of reservation has been provided.147. As noticed earlier,

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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 … The three appellants i.e. i) Google Inc., California, United States of America (USA), ii) Google Ireland Ltd., Dublin 4, Ireland, and, iii) Google India Pvt. Ltd., Bangalore, filed the writ petition impugning, a) the order dated 15th

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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 … Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under sub-section (1) of section 4 of the Delhi Special Police Establishment Act, 1946 (25 of 1946): Provided that while exercising the powers of

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Dec 15 2020

Samir Agrawal Vs. Competition Commission Of India

Court : Supreme Court of India

Decided on : Dec-15-2020

Subject : 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 … seems to be misplaced and unsupported by any evidence on record. Price discrimination can perhaps be scrutinised under Section 4 of the Act, which has not been alleged by the Informant. Imposition of discriminatory price is prohibited under

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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 … 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 Commission and was considered in

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