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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, … CCI. Counsel highlighted that in contrast, opportunity of hearing is provided before imposing penalties in cartel cases under Section 46 of the Act, read with lesser Penalty Regulations, but not under Section 3 of the Act. Hearing on

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 … 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 … commercial sphere. Great emphasis is laid on the fact that out of 462 mines operated by CIL, 345 have suffered losses amounting to Rs.9,878 Crores

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 … accordingly. The contravention of the provisions of the Act includes Sections 3 and 4, as is clear from Section 46, which is also in Chapter VI, stipulates lesser penalty for violating Section 3 in certain eventualities. If the

Rajasthan Cylinders and Containers Limited Vs. u.o.i and Anr

Court : Supreme Court of India

Subject : MRTP

observations in CCI v.47) Artistes & Technicians of W.B. Film & Television: “31. The Competition Act, 2002, as amended in 2007 and 2009, deals with anti-trust issues viz. regulation of anti-competitive agreements, abuse of dominant position and … to eliminate cartelisation but also to promote competition. His submission was that 46 once the findings of the CCI and COMPAT are accepted that there … A.K. SIKRI, J.4 All these appeals are filed against the orders dated 20th December, 2013 passed by the Competition Appellate Tribunal (hereinafter referred to as ‘COMPAT’). The COMPAT by the said judgment has upheld the findings of … cartilisation, thereby influencing and rigging the prices, thus, violating the provisions of Section 3(3)(d) of the Competition Act, 2002 (for short, the ‘Act’). The CCI,

M/S. Sony Kabushiki Kaisa Also Trading as Sony Corporation Vs. Purusho ...

Court : Intellectual Property Appellate Board IPAB

Subject : MRTP

is based on equitable principles. B. Torts - Passing off action - Action for deceit - Unfair trade competition - Trade mark, already used by a company, got registered by another company through deception to obtain economic … as one trade mark. The applicants are directed to file the necessary request on Form TM-16 for such amendment in their goods as given within 15 days, where after only the application shall proceed further after the … instant appeal to set aside the order and decision dated 3rd July, 2007 permitting the registration of the respondents trade mark “abt SONY” in class … - Trade and Merchandise Marks Act, 1958 Sections 46, 56 - Equity - Injunction, grant of is … 11 (8) and 11 (10) (i) and (ii) of the Trade Marks Act while passing the impugned order. iii) There is no plausible explanation why … The Registrar has completely ignored the provisions of Sections 9 (1) ( a ), 9 (2) (

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 … attached to the 14(2006) 4 SCC327Transfer Case (C) No.229 of 2020 Page 46 of 179 regulation; and it follows that the court may reject as … 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

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

and the petition for special leave to appeal, the challenge is to the Constitution (One Hundred and Third Amendment) Act, 20191, which came into effect on 14.01.2019, whereby the parliament has amended Articles 15 and 16 of the … distinction between backward class and weaker sections discussed under Articles 16(4) and 46, respectively. It has been argued that the latter has no limitations and … been empowered, inter alia, to provide for a maximum of ten per cent. reservation for “the economically weaker sections”2 of citizens other than “the Scheduled Castes”3, “the Scheduled Tribes”4 and the non-creamy layer of “the Other Backward

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 … seems to indicate that our Constitution 20 AIR1959SC395 46 makes the decision of the Speaker as to … 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

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)

(a) any agreement has been entered 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 likely to cause or causes an … 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 … purpose, acquired monopoly status. In terms of Sections 46 and 49 of the 1948 Act, they were … into consideration the relevant provisions of law. It noticed its functions under Section 86 of the 2003 Act as also various Regulations framed thereunder. It

In the Matter Of: Paschim Gujarat Vij Company Ltd. Gujarat Vs. Gujarat ...

Court : Appellate Tribunal for Electricity APTEL

Subject : 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 … of selling it to the Gujrat Electricity Board.” 46. Since prior to enactment of Electricity Act 2003, … 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