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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 … 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 undertaking … 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 & AskMahyco Monsanto Biotech (India) Private Ltd & Anr. Vs.competition ...
Delhi
Dec-18-2018
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 … Sushila Devi vs. Securities and Exchange Board of India (2008) 1 Comp. L.J.155 Del., where the petitioner being the officer in- charge of and responsible
Tag this Judgment! AI Brief & AskMadras Bar Association Vs. Union of India and anr.
Supreme Court of India
Sep-25-2014
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 … matter is concerned, learned counsel for the petitioners placed reliance on Articles 50 and 225 of the Constitution. Article 50 of the Constitution was relied … 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
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Mahindra 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 … other officer authorized by it, as W.P.(C) 11467/2018 & connected matters Page 50 of 152 respects the trade or such other information as may be
Tag this Judgment! AI Brief & AskUttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...
Appellate Tribunal for Electricity APTEL
May-12-2008
MRTP
The Judicial Member further finds that NPCL never alleged that the impugned agreement had any adverse effect on competition and that the presumed dominant position of UPPCL had no adverse effect on competition so far as the … it can be altered only in accordance with the prescribed procedure and on grounds available for review or amendment. In the present case, the tariff at the relevant time for the normal supply of 45 MW had … basis of marginal cost, with no commensurate additional revenue to support it.” 50. By adopting the above methodology to calculate cost of additional power supplied … Order under section 123 of Electricity Act 2003 The two appeals viz. the appeal Nos. 26/2007 and 36/2007 arise
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, … with the Order that is assailed before us. 50. The consultation paper dated 21.5.2007 starts with the … 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 & AskZee Turner Ltd. Vs. Telecom Regulatory Authority of India and Others
Telecom Disputes Settlement and Appellate Tribunal TDSAT
Dec-16-2010
MRTP
aforesaid interim arrangement was continuing, on or about 03.09.2007, TRAI, made an amendment to the Regulations being Telecommunication (Broadcasting and Cable Services) Interconnect (Fourth Amendment) … as much as having regard to the provisions of the Sports Broadcasting Signals (Mandatory Sharing of Prasar Bharti) Act, 2007, no exclusivity can be maintained as the contents of a sports channel is required to be shared with … of 2006.) fixed the rates for DTH at 50% of the rates being charged on cable platform … naturally bring about an increase in its price. Therefore, in view of the fact that there are tough competitions prevailing in this sector, TRAI ought to have opined that the doctrine of forbearance should be taken recourse … for subsequently by us with regard to inter alia, the applicability of Section 11(1)(b)(iv) vis-a-vis Section 11(2) of the Telecom Regulatory Authority of India Act
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 … had to hear the objections of the parties, it was observed: “103. The functioning of the Committee under Section 50(5) of the 1973 Act is dissatisfactory and required the process to be followed afresh. The Committee constituted under
Tag this Judgment! AI Brief & AskM/S. Dlf Limited and Another Vs. Competition Commission of India and O ...
Competition Appellate Tribunal
May-19-2014
Land Acquisition
No. 11 of 2013. 2. The 1st group consists of Appeal No. 20 of 2011 which relates to Competition Commission of India (in short the 'CCI') Case No. 19 of 2010 in which Belaire Owners Association CBOA0 … deed is executed and only then the ownership of the property gets transferred to the ultimate owner. Finally, amendment to the definition of 'service' in the Finance Act for levying service tax with effect from 01.07.2010 by … Mr. Sanjay Bhasin from whom 85 lakhs were extracted by 16th January 2007, a date on which the ABA was executed. However, he was not … apartment allottees. These clauses were also not reconcilable with the provisions of section 9 of the Haryana Apartment Ownership Act, 1983 as well. It was … the prospective buyers were given discount @ Rs. 500 per sq. ft. A reference was also made
Tag this Judgment! AI Brief & AskCoromandel Mining and Exports Pvt. Ltd. and Others Vs. Union of India ...
Andhra Pradesh
Sep-11-2015
Land Acquisition
a transparent and fair method for making selections so that all eligible persons get a fair opportunity of competition. To put it differently, the State and its agencies/instrumentalities must always adopt a rational method for disposal of … first, to declare that Sections 8, 10, 11 and 13 of The Mines and Minerals (Development and Regulation) Amendment Act, 2015 (for short the Amendment Act') notified in the extraordinary gazette dated 27.03.2015 and brought into effect on … first, whether the exercise undertaken by Department of Telecommunications (DoT) from September, 2007 to March, 2008 for grant of Unified Access Services (UAS) licences to … Principal Act, the lease for a period of 50 years is provided without any provision for renewal … two prayers have been made in these petitions, first, to declare that Sections 8, 10, 11 and 13 of The Mines and Minerals (Development and
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