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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) - … from 43.7% (2001) to 46.7% (2004) at primary and from 40.9% to 44% at upper primary stage. The Union of India has granted funds to

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 … summary, we may notice paragraph-4.8.8, it is stated as follows: “4.8.8. Summary 44 1. The State Monopolies, Government procurement and foreign companies should be subject … 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

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 … contravention of orders of the CCI or DG under Section 42 to 44 of the Competition Act and not for contravention of Section 3 and … 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

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

Subject : Land Acquisition

paper was that when there was ceiling on audit, there was less competition. When less competition was there, the audit reports were qualified. When there … proforma for furnishing of information by auditors. 3.3 It is pertinent to highlight that by the Taxation Laws (Amendment) Act, 1975, Section 142(2A) was inserted to the IT Act, 1961 conferring special power of audit by a Chartered … of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. The said Rules came into effect from 27.02.2007. 3.20 At the 268th … any grievance from any member of the appellant association in respect of the existing guidelines which deals with Section 44 A(b) of the Income Tax Act, 1961. Mr. Poddar further submitted that in case, the appellant receives any

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory Commission.

Court : Supreme Court of India

Subject : Electricity

generation, transmission, distribution, trading and use of electricity, (b) taking measures conducive to development of electricity industry, promoting competition therein, 9 protecting interest of consumers and supply of electricity to all areas, (c) rationalization of electricity tariff, … are aggrieved by any of the clauses in the Tariff Order, they are at liberty to seek its amendment or revocation under this provision. Secondly, the said order is also appealable under Section 111 of the 2003 … and Conditions for Determination of Wheeling Tariff and Retail Supply Tariff) Regulations, 2007 (“2007 MYT Regulations”) which are the relevant regulations governing the issues in … are Distribution Licensees (“Discoms”) in terms of Section 2(17) of the Electricity Act, 2003 (‘2003 Act’). The primary function of a Discom is to give … account of the Sixth Central Pay Commission Report. 4464. Issue No.5 : This issue is in relation

Samir Agrawal Vs. Competition Commission Of India

Court : Supreme Court of India

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 … practice.” “Penalty for offences in relation to furnishing of information 45. (1) Without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any

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 … refers to incorporation, regulation and winding up of trading corporations and Entry 44 of List I refers to incorporation, regulation and winding up of corporations. … 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 … is the decision in Syed Hasan Rasul Numa v. Union of India41 in which this Court had interpreted Section 44 of the Development Act requiring issue of public notice inviting objections to the proposed modifications in the Master

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 … DELHI Reserved on:11. 12.2018 Pronounced on:10. 04.2019 + W.P.(C) 11467/2018, CM APPL. 44376-44378/2018 MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. COMPETITION COMMISSION OF INDIA AND ANR.

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 … of electricity generated by it to any other person with the consent of the competent government or governments.63. Section 44 of 1948 Act also placed restrictions on establishment of new generating stations or major additions or replacement of