with effect from 11.01.1967. However, by virtue of Section 165 (2) of
MRTP Act, the 1966 D.P. Plan was saved. Consequently ... deleting reservation on the property taking action
under Section 37 of M.R.T.P.
3. For acquiring new site as per Proposal
provisions. Thus,
the Constitution Bench is called upon to examine whether the MRTP
Act is a self-contained Code ... publication of such plans,
the restrictions operate.
We may also notice that Section 14(e) of the MRTP Act
contemplates reservation
issue whether the amended DCR 58 is
contrary to Section 37 of MRTP Act or Article 21
of the Constitution of India ... came into force with effect from 11th January, 1967.
MRTP Act provides for formulation of regional plans and
development plans. Definitions
being an
MRTP company would have to obtain both MRTP permission for
creating any security irrespective of its value ... public financial
institutions, Commercial Banks, the term lenders, share
holders, the MRTP Commission, the Central Govt. and the CCI
before the creation
shall apply in respect of matters relating to— (A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject
acquisition”
obviously refers to the steps contemplated by Section 126 of the MRTP Act.
If no proceedings as provided under Section ... respondents.
54. When we conjointly read Sections 126 and 127 of the MRTP Act, it is
apparent that the legislative intent
reference of the case to a larger Bench.
Section 127 of the MRTP Act is a special provision and would
be attracted ... taken for
acquisition of land as provided under Section 127 of the MRTP
Act have to be taken into consideration keeping
industrial policy has shifted to controlling and
regulating the monopolistic, restrictive and unfair trade practices rather
than making it necessary for certain undertakings to obtain ... Ignoring the effect of provisions of the Monopolies and Restrictive
Trade Practices Act (the MRTP Act).
(D) Interest of employees of both
There was a governing law in the field known as Monopolistic and
Restrictive Trade Practice Act, 1969. However, it was felt that a
new robust ... restrictive trade practices.
Therefore, it would be incorrect to say that the
incorporation of the anti-dumping provisions ousts the
jurisdiction of the MRTP
under the Monopolies and Restrictive Trade
RFA (OS) 50/2008 Page 6
Practices Act, 1969 (hereafter referred to as the „MRTP ... said Act - points out Mr.
Lal - clarify that the powers of the MRTP Commission are "without
prejudice to the right
