CAT judgments

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Appointment of Vice President of ITAT is by merit-based selection & not seniority. No reservation for OBC

Sunil Kumar Yadav Vs Union of India (Central Administrative Tribunal) - The appointment to the post of President and VP is by way of selection based on merit and not by way of promotion. No reservation can apply where the appointment is not by way of direct recruitment. Observations made in G.E. Veerabhadrappa vs. UOI that the appointment of VP is by way of direct recru...

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CAT had no jurisdiction to compel completion of a breached contract as that is task of Civil Court

Unfair Trade Practices Enquiry No. 117 of 1996 - (08/03/2013) - Commission has no jurisdiction to hand over the possession of plot in question to the complainant; that is the task of the Civil Court. The Hon'ble Supreme Court in the closest term has restrained to this Commission from assuming the power of the Civil Court. It is also clarified in the paragraph th...

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Provisions of MRTP Act not applicable to educational institutions

UTPE No. 65 of 2007 - (05/02/2013) - There cannot be any dispute that Karanataka High Court has specifically held that the provisions of the MRTP Act were not and could not be applicable to the educational institutions. There is no dispute that the present complaint also pertains to the educational institution and its activity of impar...

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Recent Posts in "CAT judgments"

CAT had no jurisdiction to compel completion of a breached contract as that is task of Civil Court

Ms. Sudha Gupta Vs DLF Ltd. (New Delhi, Competition Appelate Tribunal)Unfair Trade Practices Enquiry No. 117 of 1996 08/03/2013

Commission has no jurisdiction to hand over the possession of plot in question to the complainant; that is the task of the Civil Court. The Hon'ble Supreme Court in the closest term has restrained to this Commission from assuming the power of the Civil Court. It is also clarified in the paragraph that this Court cannot grant any specific ...

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Provisions of MRTP Act not applicable to educational institutions

Director General (Investigation and Registration) Vs IIPM (New Delhi, Competition Appelate Tribunal)UTPE No. 65 of 2007 05/02/2013

There cannot be any dispute that Karanataka High Court has specifically held that the provisions of the MRTP Act were not and could not be applicable to the educational institutions. There is no dispute that the present complaint also pertains to the educational institution and its activity of imparting education. ...

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Appointment of Vice President of ITAT is by merit-based selection & not seniority. No reservation for OBC

Sunil Kumar Yadav Vs Union of India (Central Administrative Tribunal)

The appointment to the post of President and VP is by way of selection based on merit and not by way of promotion. No reservation can apply where the appointment is not by way of direct recruitment. Observations made in G.E. Veerabhadrappa vs. UOI that the appointment of VP is by way of direct recruitment are obiter and of no legal effect...

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