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National and Grindlays Bank Limited Vs. Globe Motors and anr.

Court : Delhi

Reported in : ILR1975Delhi671

..... held that the mortgage would be a continuing security and that the rule in clayton's case would not apply in such a situation. ..... agreement, if it had been entered into, would have permitted the operation of what is known as the rule in clayton's case (15 the revised reports 161) but that is not the agreement in this case. ..... the terms of the equitable mortage set out fully above are totally different clayton besides other english decisions, was discussed by a division bench of the patna high court in chota nagpur banking ..... the state of punjab is unable to rely on the date of the present attachment in this case or even the earlier one dated 25-11-1967 because both were only subsequent to the equitable mortgage (17-2-67); the attachment or the demand for which it was trade cannot claim priority over a charge which ..... due and which was earlier than the equitable mortgage in this case, but i have not been shown any provision of law which will enable a claim of priority as against a secured creditor merely on the basis of the assessment which only crystalises, in the form of an order, the ..... (18) in clayton, it was pointed out that in case of a banking account where there has been a continuation of dealings the appropriation (in the absence of express declaration) can only be made on the 'round of presumption arising from the priority of receipts and payments, if any other appropriation is ..... conceded that even the earliest attachment to be effected in this case for recovery of sales tax etc. .....

Harkisondas Lakhmidas Pyarathi Vs. Nariman Dadabhoy Parsi

Court : Mumbai

Reported in : AIR1927Bom479; (1927)29BOMLR950

..... it was said in clayton's case (1816) 1 mer. ..... we think, therefore, that the view taken by the learned subordinate judge in this case is correct, and this application must be dismissed. ..... the question, which arises in this case, is whether the judgment-debtor made payments to the creditor within the meaning of section 59 of the indian contract act in respect of several distinct debts either with express intimation or under circumstances implying that the payments ..... there is nothing in this case to suggest that the judgment-creditor accepted the three payments of rs. ..... in this case there was one judgment debt, which was ordered to be paid in several instalments and it cannot be and that the debtor owed several debts within the meaning of section 59 so as to enable him to apply the payment to the ..... in this case the payments were not made to the judgment-creditor personally and were not accepted by him, but were deposited into court, according to the ruling in hanmant v. ..... in this case, there was a decree on july 27, 1922, in favour of the plaintiff for rs. .....

Corn Products Refining Co. Vs. Ftc

Court : US Supreme Court

..... we have no occasion to decide whether a basing point system such as that in the cement case is permissible under the clayton act, in view of the provisions of 2(b), permitting reductions in price in order to meet a competitor's equally ..... this provision, as reported to the house by the committee on the judiciary, would have defined "price," as used in 2 of the clayton act, as meaning "the amount received by the vendor after deducting actual freight or cost of other transportation, if any, allowed or defrayed ..... found to have been sold in interstate commerce; that, if the section is construed to apply to such transactions, it would be unconstitutional, and that, in any case, there is no showing that the transaction complained of, although not themselves in interstate commerce, have in any way affected such commerce. ..... but, as was held in the standard fashion case, supra, with respect to the like provisions of 3 of the clayton act, prohibiting tying clause agreements the effect of which "may be substantially to lessen competition," the use of the word "may" was not to prohibit discriminations having "the mere possibility" of those consequences, ..... no settled construction of the clayton act in the federal courts contrary to that now urged by the commission, as was the case with the measures involved in helvering ..... further proceedings, because of difficulties of enforcement which it attributed to the exemption provisions of 2 and to decisions of the lower federal courts in clayton act cases. .....

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

..... : this court's decisions had implied that the effect on competition between the parties to the merger was not the only test of the illegality of a stock merger; the court had applied sherman act tests to clayton act cases, and thus judged the effect of a merger on the industry as a whole; this incorporation of sherman act tests, with the accompanying "rule of reason," was inadequate for reaching some mergers which the commission ..... they merely are different steps toward the same objective, namely, that of framing a bill which, though dropping portions of the so-called clayton act test that have no economic significance (the reference would appear to be primarily to the 'acquiring-acquired' standard of the original act), reaches far beyond the sherman ..... [ footnote 16 ] and only two years ago, we were unanimous in accepting jurisdiction, and in affirming the judgment of a district court similar to the one entered here, in the only case under amended 7 of the clayton act brought before us at a juncture comparable to the instant litigation. ..... iii legislative history this case is one of the first to come before us in which the government's complaint is based upon allegations that the appellant has violated 7 of the clayton act, as that section was amended in ..... on the merits, the case presents the question of whether, under 7 of the clayton act, the acquisition by brown of the kinney retail stores may substantially lessen competition in shoes on a national basis or in any section of the .....

United States Vs. Third Nat'l Bank of Nashville

Court : US Supreme Court

..... " [ footnote 6 ] from those findings, and from the broad picture of nashville bank's history and operations which emerges from the testimony and exhibits in this case, it appears that the principal reason was that key members of its management, the men who had been responsible for the bank's progress in the late 1950s, had advanced ..... the procedural provisions of the 1966 act, holding that the bank merger act provided for continued scrutiny of bank mergers under the sherman act and the clayton act, but had created a new defense, with the merging banks having the burden of proving that defense. ..... for a comparatively minor violation of the clayton act, like that in this case, obviously may be more readily outweighed by factors relating to "convenience and needs" ..... standard for bank cases, and therefore the district court applied an erroneous clayton act standard to ..... appraised by the test enunciated in recent clayton act cases, the page 390 u. s. ..... case, which was decided before our decision in houston bank, supra, the district court either omitted the first of the two indicated procedural steps or concluded, incorrectly, that the merger would not violate the clayton ..... act to this case, the first question is whether the merger, as an antitrust matter, would violate the clayton act. ..... case, the united states appeals from a district court decision [ footnote 1 ] upholding the merger of third national bank in nashville and nashville bank and trust company against challenge under 7 of the clayton .....

The Management of Magus Customer Dialog Private Limited Vs. the Deputy ...

Court : Chennai

..... from the judgment in management of oriental hotels' case, the division bench in sundaram clayton's case held that though the allowance labelled as a conveyance allowance, it will form part as an additional remuneration and will come under the exclusion provided under section ..... cannot be said that sundaram clayton's case sets out the law on ..... merits of the case, reliance was placed upon sundaram clayton's case (cited supra).8. ..... as held in sundaram clayton's case, unless it is proved that the amount was paid only in lieu of travelling allowance or the petitioner is paying the actuals of the expenditure incurred by the employees and in the absence of these ingredients, there ..... in paragraph 13 of sundarama clayton's case (cited supra), the division bench had ..... similarly, sundaram clayton's case itself arose out of a dispute raised by the employer before the esi ..... case, whether conveyance allowance can be treated as travelling allowance coming within the definition of section 2(22)(b) of the esi act is essentially a question of fact for which evidence will have to be let in by the parties as was done in the case of m/s.sundaram clayton ..... employer, 3 witnesses were examined and 5 documents were filed in the case of sundaram clayton, 2 witnesses were examined and 4 exhibits were filed in the case of m/s.t.v.s. ..... before the high court under section 35 of the fema, the same was dismissed by the high court holding that no case for hardship was made out either before the tribunal or before it. .....

Powell Vs. Mccormack

Court : US Supreme Court

..... 's] proceedings are in conformity with the constitution and laws because, living under a written constitution, no branch or department of the government is supreme, and it is the province and duty of the judicial department to determine, in cases regularly brought before them, whether the powers of any branch of the government, and even those of the legislature in the enactment of laws, have been exercised in conformity to the constitution, and, if they have not, to ..... unequivocally that the house will not expel a member for misconduct committed during an earlier congress: "[i]t must be said that with practical uniformity the precedents in such cases are to the effect that the house will not expel a member for reprehensible action prior to his election as a member, not even for conviction for ..... argument fails to grasp that the reason for the dismissal in alejandrino was not that alejandrino's deprivation of salary was insufficiently substantial to prevent the case from becoming moot, but rather that his failure to plead sufficient facts to establish his mandamus claim made it impossible for any court to resolve ..... to respondents jennings, johnson, and miller, the judgment of the court of appeals for the district of columbia circuit is reversed, and the case is remanded to the united states district court for the district of columbia with instructions to enter a declaratory judgment and for further proceedings consistent ..... ] eckhardt, the adam clayton powell case, 45 texas l.rev .....

United States Vs. Falstaff Brewing Corp.

Court : US Supreme Court

..... decisions had implied that the effect on competition between the parties to the merger was not the only test of the illegality of a stock merger; the court had applied sherman act tests to clayton act cases and thus judged the effect of a merger on the industry as a whole; this incorporation of sherman act tests, with the accompanying 'rule of reason,' was inadequate for reaching some mergers ..... relevant market, where it has a strong incentive to enter the market de novo, and where it has the financial capabilities to do so, we have not hesitated to ascribe to it the role of an actual potential entrant in such cases, we have held that 7 prohibits an entry by acquisition, since such an entry eliminates the possibility of future actual competition which would occur if there were an entry de novo. ..... is no exception [to the 'clearly erroneous' rule of appellate review] which permits [the government], even in an antitrust case, to come to this court for what virtually amounts to a trial de novo on the record of such findings ..... as a practitioner and as a judge, i have more than once felt that a closely contested government antitrust case, decided below in favor of the defendant, has foundered in this court for lack of an illuminating opinion ..... the district court dismissed the government's resultant suit charging violation of 7 of the clayton act, finding that entry by acquisition, which the court found was the only way that respondent intended to penetrate the new england market, would not .....

United States Vs. First Nat'l Bank of Lexington

Court : US Supreme Court

..... reference to the probable development of the industry, the government turns to the past and notes that the number of local banks decreased from 10 to 7 between 1929 and 1938; but this statistic, more at home in a clayton act case, is of doubtful significance in the present context, particularly in view of the period during which the decrease occurred. ..... iv, 1963) 1828(c): "the committee wants to make crystal clear its intention that the various banking factors in any particular case may be held to outweigh the competitive factors, and that the competitive factors, however favorable or unfavorable, are not, in and of themselves, controlling ..... truth is, of course, that this is, if anything, a clayton act case masquerading in the garb of the sherman act. ..... of allowing the government to change horses in midstream in fact, if not quite in form, [ footnote 2/10 ] goes beyond this case and, in the field of banking, beyond even the revitalization of a properly moribund rule of antitrust law. ..... it is difficult to see how features peculiar to banking or indeed any other features of a particular case which, in reason, should lead to a different result, can stand up against the bludgeon with which the court now strikes at combinations which may well have no ..... of the sherman act, such statistics have little meaning in the absence of a context, [ footnote 2/6 ] it may be admitted that the figures in this case of dollar volume [ footnote 2/7 ] and the percentage of business controlled are large. .....

Utah Pie Co. Vs. Continental Baking Co.

Court : US Supreme Court

..... unless we disregard the lessons so laboriously learned in scores of sherman and clayton act cases, the 1961 situation has to be considered more competitive than that of 1958 ..... "upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima facie case thus made by showing justification shall be upon the person charged with a violation of this section. . . . ..... 704 since the court of appeals held that petitioner had failed to make a prima facie case against each of the respondents, it expressly declined to pass on other grounds for reversal presented by the respondents ..... the apple flavor has been used as the standard throughout this case without objection from the parties, and we adhere to the practice here ..... [ footnote 15 ] each respondent argues here that prior price discrimination cases in the courts and before the federal trade commission, in which no primary line injury to competition was found, establish a standard which compels affirmance of the court of appeals' ..... and 2, and violations by each respondent of 2(a) of the clayton act as amended by the robinson-patman act, 49 stat. ..... , against three large companies each of which is a major factor in the frozen pie market in one or more regions of the country, charged a conspiracy under 1 and 2 of the sherman act and violations by each respondent of 2(a) of the clayton act, as amended by the robinson-patman act. .....