Business law .

Competition act

De nitions

Enterprise

As per income tax act enterprise is any person which is engaged in an activity relating to
production storage and supply, distribution acquisition of goods or provision of services of
investment or services but does not include the organisation carrying on sovereign function

(Defence,atomic energy, space and currency)

Case - Re: justice a public interest law initiative for centre of civil society and CLAT committee

Aka - CLAT committee case

When these NLU were established there were 13 universities established, the question of
entrance exam raised , it was decided each one will have separate entrance exam other view was
that a committee should be established and a common entrance exam should be taken and the
students should be given admission as per metris and preference

The SC has stated that for and entity to be an enterprise following conditions must be ful lled

laid down 3 test

1. it must be a person or a department of government

2. It must be engaged in a speci ed economic activity

3. Such activity should not be a sovereign activity

The court was of the opinion that there exist a mou between the NLU’s it does not appear that a
participating have constituted a separate body or association , the MOU merely appears to be an
agreement and same per say cannot be said to have created a person

Case - Exclusive motors pvt ltd vs automobile Lamborghini spa

Weather both are same entity or di erent, the court held that it is a single economic entity

The case gave rise to single economic entity.

Single economic entity.

CCI vs coordination committee of artists and technicians of West Bengal lm and television
Aka - coordinate committee case .

Para 39 of this case states an expression enterprise may refer to any entity regardless of its legal
status or the way it has been nanced and therefore it may include natural as well as legal person.

Sec 2(7) has de ned the word goods, in the sale of goods acts

Goods include any kind of moveable property including stocks, shares, grass, crops

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