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Coal India Ltd Vs. Competition Commission Of India
Supreme Court of India
Jun-15-2023
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 … (Nationalisation) Amendment Act, 67 of 1976. There was subsequent amendment, viz., Act 47 of 1993 dated 09.06.2003. After the amendment, Section 3(3) reads: “3(3) On … 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
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 … norm in 15 (2006) 12 SCC583Transfer Case (C) No.229 of 2020 Page 47 of 179 the lower layer, the norm in the higher layer will … 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, … 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 … the judgment in State of Punjab vs. Khan Chand (1974) 1 SCC549 47. Mr. Gurukrishnakumar, learned senior counsel appearing for Skoda Auto India Pvt. Ltd.
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Rojer 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 … 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
Tag this Judgment! AI Brief & AskBharat Sanchar Nigam Limited and Another Versus Telecom Regulatory Aut ...
Telecom Disputes Settlement and Appellate Tribunal TDSAT
Jan-23-2009
Service Tax
completed. 16. On 17.11.2006, the Authority issued a Consultation Paper to discuss various issues related to promotion of competition in country’s Domestic Leased Circuits (DLC) market, seeking the views of stakeholders thereon. Stating that the services provided … the terms and conditions of the license granted before the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000, (the Authority shall) fix the terms and conditions of interconnectivity between service providers;". According to the Counsel … Limited (MTNL) have filed these appeals challenging the Domestic Leased Circuits Regulations 2007 (10 of 2007) dated 14.9.2007 issued by the Respondent -Telecom Regulatory Authority … a demand note giving therein the relevant details....” 47. From these Regulations, it is clear that any … by the Respondent in exercise of the powers conferred upon it under Section 36 of the TRAI Act, read with sub-clauses (ii), (iii), (v) and
Tag this Judgment! AI Brief & AskTelefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...
Delhi
Mar-30-2016
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 … "48. Rights of patentees.- Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee- (a) where the subject matter of the
Tag this Judgment! AI Brief & AskMso Alliance, Industrial Area, Delhi and Others Versus Telecom Regulat ...
Telecom Disputes Settlement and Appellate Tribunal TDSAT
Jan-15-2009
MRTP
impugning the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Eighth Amendment) Order 2007 dated 4.10.2007 of the Telecom Regulatory Authority of India (hereinafter referred to … Tariff Order dated 1.10.2004. Their argument is that the Authority has wrongly concluded that there is no effective competition in the broadcasting market and that even though the Authority itself favours forbearance as the best option, the … of the Telecom Regulatory Authority of India Act, 1997 as amended by the Telecom Regulatory Authority of India (Amendment) Act, 2000 defines ' telecommunication service' as follows: “‘telecommunication service’ means service of any description (including electronic mail, voicemail, … the provisions of this Act: provided that ……..." 47. As indicated in Para 7 above, by virtue … has been passed without following the requirements of transparency as ordained in section 11 (4) of the TRAI Act. It is also stated that the
Tag this Judgment! AI Brief & AskM/S Maruti Suzuki India Ltd., New Delhi Vs. Haryana Electricity Regula ...
Appellate Tribunal for Electricity APTEL
Oct-04-2012
Electricity
generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers’ interest and at … under sub-section (2) of section 45; (v) reasonable security payable to the distribution licensee under sub-section (1) of section 47; (w) payment of interest on security under sub-section (4) of section 47; (x) electricity supply code under section … of sub-section (2) of section 18; (f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) … a manufacturing facility at Manesar, Haryana. For the purposes of its business activities, Appellant has established a captive power plant having a capacity of 66 … i. It was noted that some time during 2007-08 the Government of Haryana had waived off the
Tag this Judgment! AI Brief & AskM/S Maruti Suzuki India Ltd., New Delhi Vs. Haryana Electricity Regula ...
Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Oct-04-2012
Electricity
generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers interest and at … under sub-section (2) of section 45; (v) reasonable security payable to the distribution licensee under sub-section (1) of section 47; (w) payment of interest on security under sub-section (4) of section 47; (x) electricity supply code under section … of sub-section (2) of section 18; (f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) … a manufacturing facility at Manesar, Haryana. For the purposes of its business activities, Appellant has established a captive power plant having a capacity of 66 … i. It was noted that some time during 2007-08 the Government of Haryana had waived off the
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 … of Gujarat’s 2002 Policy had force of law. 47. After enactment of Electricity Act 2003, power to … 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
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