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    <title>1975 (8) TMI 91 - Supreme Court (LB)</title>
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    <description>Section 23(4) of the Monopolies and Restrictive Trade Practices Act, 1969 applies only to a proposal to acquire the whole or part of an undertaking by purchase, takeover or otherwise. A proposed acquisition of all shares in a newly floated subsidiary that had not yet become an enterprise engaged in production did not amount to acquisition of the undertaking itself. The acquisition of shares would give control and management, but the undertaking could be owned only by the company as a separate juristic person. Any possible issue under section 22 was left undecided.</description>
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    <pubDate>Fri, 22 Aug 1975 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=99238</link>
      <description>Section 23(4) of the Monopolies and Restrictive Trade Practices Act, 1969 applies only to a proposal to acquire the whole or part of an undertaking by purchase, takeover or otherwise. A proposed acquisition of all shares in a newly floated subsidiary that had not yet become an enterprise engaged in production did not amount to acquisition of the undertaking itself. The acquisition of shares would give control and management, but the undertaking could be owned only by the company as a separate juristic person. Any possible issue under section 22 was left undecided.</description>
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