Advanced Search Results

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 … is in conformity with the established W.P.(C) 11467/2018 & connected matters Page 43 of 152 legislative norms and do not require any judicial review merely

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) - … 177. The case of Regents of the University of California v. Bakke 438 US 265 (1978) provided a starting point and from this case onwards,

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

Court : Delhi

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 … copy of such record or document from any office. It is apparent that such powers are extensive. 61. Section 43 of the Competition Act also provides for imposition of penalty upon any person who fails to comply with

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

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 … may not be subjected to the rigours of Competition Law.” (Emphasis supplied) 43 50. In paragraph-4.4.7, we notice the following: “4.4.7. Before assessing whether an … does not deal with a company like the appellant. In other words, while there may be indication in Section 19(4)(g) of the Act that the fact that a body is a monopoly under the statute may indicate

Tata Power Company Ltd. Vs. Maharashtra Electricity Regulatory Commiss ...

Court : Supreme Court of India

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 3, 5, 12, 22(1), 22B and 22B(1); Electricity Act, 2003 - Sections 2, 2(15), 2(17), 2(4), 2(70), 3, 7, 8, 9, 10, 10(1), 10(2), 10(3), 11, 11(1), 11(2), 12, 12(2), 13, 14, 15, 16, 18, 19, 20, 21, 23, 24, 33, 55(2), 55(3), 42, 42(2), 60, 62(1), 62(2), 62(95), 73, 76(1), 81(1), 81(2), 82, 83, 86, 86(1), 125, 128(1), 128(6), 128(7), 128(8), 129 and 181; Indian Electricity (Amendment) Act, 1959; Electricity Regulatory Commissions Act, 1998 - Sections 22(1) and 22; Electricity Supply Act, 1948 - Sections 43, 43A, 44, 46 and 49; Reforms Act; Essential Commodities Act, 1955; Income and Corporation Taxes Act, 1970 - Sections 488; Companies Act - Sections 255 and 256; Constitution of India - Article 19(1); MERC (Terms and Conditions of Tariff) Regulati

Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)

into which is likely to cause or causes an adverse effect on competition in electricity industry; or (b) dominant position has been abused which is … provisions of any contract, agreement or requisition whether made before or after the commencement of the Indian Electricity (Amendment) Act, 1959, for the supply (other than the resumption of a supply) or an increase in the Supply of … Session in case No. 87 of 2006 was held on 18th April, 2007 including justification for entering into a long term contract for ten years … the rationalization of the production and supply of electricity and generally for taking measures conducive to electrical development. Section 43 conferred power on the Board to enter into arrangements for purchase or sale of electricity under certain conditions.

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 … 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 … the Commission issued under sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine which may extend

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Telecom Regulatory Authority of India Act, 1991, the Companies Act, 2013, the Company Law Board Regulations, 1991, the Competition (Amendment) Act, 2007, and the Special Economic Zone Rules, 2006. We were informed, that Chartered Accountants were also entitled to appear … jurisdiction of a High Court, to or from any Union Territory. Entry 43 of List I refers to incorporation, regulation and winding up of trading … at least fifteen years working experience as a Secretary in wholetime practice as defined in clause (45-A) of Section 2 of this Act and is a member of the Institute of the Company Secretaries of India constituted

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 … on delegation, including 9(1974) 4 SCC98Transfer Case (C) No.229 of 2020 Page 43 of 179 the decision in In Re.: The Delhi Laws Act.10 It … 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

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Subject : Civil

Acts : Companies Act, 1956; Airports Authority of India Act, 1994 - Sections 2, 3, 11, 12, 12A, 12A(1), 22, 22A, 24, 25, 25(2), 28A to 28R and 37; Airports Authority of India (Amendment) Act, 2003; Public Premises (Eviction) Act; Aircraft Act, 1934 - Sections 5(2); Aircraft Rules, 1937; Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 2; Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947; Essential Services Maintenance Act, 1981 - Sections 2; Constitution of India - Articles 12, 13, 13(2), 14, 16, 136 and 226

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

MIAL to pick and choose any party it wishes for unknown and wrong reasons and exclude others from competition for extraneous and irrelevant considerations. This not only permits but also encourages (and has encouraged and resulted in) … Respondent No. 2. According to the petitioners, after the Airports Authority of India Act was amended by the amendment Act of 2003, pursuant to the provisions of Section 12A of the Act on 4-4-2006 an agreement was executed … appears that the Petition was mentioned before the Division Bench on 22-2- 2007. The Division Bench after hearing the counsel appearing for the Petitioner, the … specific functions of AAI have been mentioned. Section 12-A(1), introduced by Act 43 of 2003 , begins with a non-obstante clause and empowers the AAI

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 … 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 … of Companies Act, 2013 i.e. Sections 407 to 434, this Court held that although the establishment of