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Showing posts with label MRTP Act. Show all posts
Showing posts with label MRTP Act. Show all posts
Thursday, 2 October 2025

LLM Notes: Exclusion of Public Utilities from MRTP Act

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  Legal Provision and Scope Section 3 of the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, excluded public utilities such ...
Wednesday, 1 October 2025

LLM Notes: Exclusion of Public Utilities from the MRTP Act under Indian Law

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 Introduction The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) represented India's first comprehensive competition l...
Saturday, 31 May 2025

LLM Notes: From Exemption to Inclusion: How the Competition Act Transformed the Legal Framework for Public Utilities in India

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 The transformation of India's competition law landscape represents one of the most significant regulatory shifts in the country's e...

LLM Notes: From MRTP Exemptions to Competition Act Coverage: The Paradigm Shift in Indian Public Utility Regulation

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 The Monopolistic and Restrictive Trade Practices (MRTP) Act of 1969 contained several provisions relevant to public utilities, though it la...
Thursday, 8 February 2024

Important provisions of Civil minor Acts(Part 1)

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  1) Important provisions of motor vehicle Act https://www.lawweb.in/2019/09/important-provisions-of-motor-vehicle.html 2) Important provisi...
Sunday, 18 June 2023

Who can be treated as the owner of immovable property as per MRTP Act where unauthorized construction is done?

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  Plain reading of the above provisions of law discloses that in cases of any development within the territorial limits of the planning auth...

Whether prosecution can be started against Co-operative society if notice under MRTP Act was issued against chairman of said society?

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  It is well-settled that expressions in a penal provision of law are to be construed strictly and in favour of the subject. The rules of in...

Whether sanction for prosecution is necessary for filing criminal offence against accused under the provisions of Maharashtra regional and town planning Act?

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  If the complaint was to be filed by some officers of the Corporation then the previous sanction by the Chief Officer for enabling Officer ...

Whether offences under Maharashtra regional and town planning Act are continuing offences?

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  After the judgment was over Mr. Patil asked for permission from the Court to urge additional point on behalf of the accused. His contenti...
Thursday, 2 March 2023

Whether a person can claim that his construction is authorized as per deemed permission if his construction is on open space?

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 Deemed permission to an application under section 44 of  MRTP Act can apply only to cases where permission is otherwise capable of sanction...
Wednesday, 31 August 2022

Important Notes on Municipal Corporation law

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  1) Important provisions of Maharashtra Municipal Corporation Act(Part 1) https://www.lawweb.in/2021/09/important-provisions-of-maharashtra...
Sunday, 28 August 2022

Important provisions of Maharashtra Regional and town planning Act 1966

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  2. Definitions.  - In this Act, unless the context otherwise requires,- (9) "Development plan" means a plan for the development ...
Thursday, 7 July 2022

Can a land owner be restrained from using his land in a particular manner if his land was reserved for a public purpose under a development plan?

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The land was reserved for a public purpose way back in 2002. By such reservation, the land owner could not use the land for any other purpos...
Thursday, 17 February 2022

Whether the high court can issue a mandamus to a municipal corporation to acquire land after its reservation has lapsed?

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   In the present case, the High Court has issued a writ of Mandamus directing the Corporation to issue a declaration under Section 19 of th...
Wednesday, 29 December 2021

Bombay HC: The court should refuse to grant a temporary injunction to restrain demolition of construction if it is unauthorized

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   It is true that in cases relating to orders for demolition of buildings, irreparable loss may occur if the structure is demolished even b...

Which rules will prevail in case of conflict between rules framed under MRTP Act and building bye-laws?

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   In case of any conflict between the rules and regulations as framed under the provisions of the M.R.T.P. Act or the Development Regulatio...
Tuesday, 28 December 2021

Whether plaintiff can claim that he has deemed permission for construction if he intends to carry out construction in the flood line?

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  However, so far as the present matter is concerned, it has to be held that the construction of theatre by Respondent No. 3 in CTS No. 417 ...
Monday, 27 December 2021

Whether civil court has jurisdiction to try the suit if plaintiff challenges any notice or order passed under MRTP Act?

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From aforesaid, it is, therefore, clear that if any notice or order issued under said Act by any authority is sought to be challenged before...
Sunday, 26 December 2021

Whether jurisdiction of civil court is barred as per S 149 of MRTP Act if dispute is arising out of terms and conditions of contract between parties?

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  In the present case, the dispute between the parties is as to whether any permission was granted by the plaintiff to the defendants for th...

Whether civil suit is maintainable for quashing a deemed permission under S.45(5) of MRTP Act is maintainable?

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 An appeal is therefore provided against the order granting permission or refusing permission under section 45. There is obviously no appeal...