Judgment Search Results Home > Cases Phrase: industrial statistics act 1942 Court: uk supreme court Page 1 of about 1,733 results (0.076 seconds)

United States Vs. General Dynamics Corp.

Court : US Supreme Court

..... united electric's weak reserves position, rather than establishing a "failing company" defense by showing that the company would have gone out of business but for the merger, went to the heart of the government's statistical prima facie case and substantiated the district court's conclusion that united electric, even if it remained in the market, did not have sufficient reserves to compete effectively for long-term contracts, and therefore appellees' ..... this conclusion was primarily based on a determination that united electric's coal reserves were so low that its potential to compete with other producers in the future was far weaker than the aggregate production statistics relied on by the government might otherwise have indicated, virtually all of united electric's proved reserves being either depleted or already committed by long-term contracts with large customers, so that its power to affect the price of ..... ii the government sought to prove a violation of 7 of the clayton act principally through statistics showing that, within certain geographic markets the coal industry was concentrated among a small number of large producers; that this concentration was increasing; and that the acquisition of united electric would materially enlarge the market share of the acquiring company, and thereby contribute to ..... acquired all the stock of freeman coal in 1942, and began to acquire united electric stock in 1954. .....

Sugar Institute, Inc. Vs. United States

Court : US Supreme Court

..... but one of these activities and the complete cessation of each of the others; that defendants made and rigorously enforced an agreement that refiners should refuse to deal with a broker, warehouseman, or customer who acted directly or indirectly for any of them, or for any other sugar interest, "in other than the one elected capacity;" that each refiner submitted to the institute lists of its brokers and warehouses, ..... . other probable causes were the lack of statistical information as to amount of production, deliveries, and stocks on hand, leading to overproduction, the uncertainties prevailing in the market for raw sugar which made the refined sugar industry highly speculative, the fact that, since 1922, most sugar has been sold through brokers, and the standardization of defendants' products, which made their sales almost ..... injunction is without prejudice to application by any party for modification in order to permit the adoption of any "program" that may be permissible under "the national industrial recovery act" of june 16, 1933 (48 stat ..... and combinations which, "by reason of intent or the inherent nature of the contemplated acts, prejudice the public interests by unduly restricting competition or unduly obstructing the course ..... . 588 agent for storage and delivery; that these agents act as a check on each other; that the refiners' concerted adoption of the principle against storing in customers' and brokers' warehouses was essential both to prevent discrimination among customers and .....

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

..... 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 felt were not in ..... , seven in number in five years, indicate a pattern to increase the sale of brown shoes through the acquisition of independent outlets, resulting in the loss of sales by small competing manufacturers; (7) that statistics on these outlets indicate that brown, after acquisition, has materially increased its shipments of brown shoes to them, some as much as 50%; and (8) that the acquisition would have a direct effect on the ..... that the increase in percentage of national retail sales by shoe chains owning 101 or more outlets from 20.9% in 1948 to 25.5% in 1954 proves the trend toward "oligopoly," the appellant's statistics, founded upon retail sales by all outlets (including general merchandise and clothing stores), show that retail sales by chains of 11 or more stood at a constant 19.5% of national dollar ..... government to the effect that shoe price and population age, sex and income variations in the relevant cities produced, at most, a 6% error in the converted statistics, and that his error was as likely to favor brown (by increasing the universe of sales against which brown's shares were to be measured) as it was ..... 1942 .....

S.G. Chemicals and Dyes Trading Employees' Union Vs. S.G. Chemicals an ...

Court : Supreme Court of India

Reported in : [1986(52)FLR661]; 1986LabIC863; (1986)ILLJ490SC; 1986(1)SCALE1048; (1986)2SCC624; [1986]2SCR126; 1986(3)SLJ29(SC)

..... aggregate strength of the workmen of the company employed in all its three divisions which was to be taken into account as there was functional integrality amongst all the three divisions, and, therefore, under section 25-o of the industrial disputes act, the company was bound to apply to the appropriate government for prior permission for such closure at least ninety days before the date on which such closure was to become effective. ..... without prejudice to the provisions of sub-section (1), the appropriate government may, from time to time, by notification in the official gazette, apply the provisions of section 25-o and section 25-r in so far as it relates to contravention of sub-section (1) or (2) of section 25-o, also to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen, which may be less than three hundred but not less than one hundred, as may be specified in the ..... the statistical work of the company, namely, productwise sales statistics, industrywise sales statistics, partywise sales statistics, monthly sales performance statistics, sales forecast statistics, collection forecast statistics, sales outstanding statistics and other statistical work, was also done in the churchgate ..... , no factory can run unless salaries and other employment benefits are paid to the workmen nor can a factory function without the necessary accounting and statistical data being prepared. .....

Baker (Respondent) Vs. Quantum Clothing Group Limited (Appellants) and ...

Court : UK Supreme Court

..... ambiguous, unclear or open to two reasonable interpretations that its penal effect may indicate the narrower construction (franklin v gramophone co ltd [1948] 1 kb 542, 557, per somervell lj), and courts should remember that the factories act is "a remedial measure passed for the protection of the workmen [which] must, therefore, be read so as to effect its object so far as the wording fairly and reasonably permits" (harrison v ..... a second line of authority in which the court of appeal and the extra division of the inner house of the court of session concluded that it is inappropriate to equiparate section 14 with section 29 of the 1961 act: see larner v british steel plc [1993] icr 551, neil v greater glasgow health board [1994] slr 673, mains v uniroyal engelbert tyres ltd [1995] sc 518 and robertson v rb ..... by contemporaneous commentators in the solicitors' journal (the duty to fence dangerous machinery: (1961) 105 sol j 997) and the modern law review (new wave of interpretation of the factories acts: (1962) 25 mlr 98, commending "the broad common-sense view of danger" taken in hindle v birtwhistle), though it was regretted by john munkman, writing in the law journal (the fencing of machinery: ..... in industry. the research had "established a system of predicting on a statistical basis the hearing deterioration to be expected for specified exposures within a wide range of industrial noise" and the report had "amongst other things suggested that workers should not be consistently exposed over long .....

Hartford-empire Co. Vs. United States

Court : US Supreme Court

..... it does not find it necessary to dissolve the association, and further indicates that it may serve a valuable purpose to the industry "as a statistical and research body" and in the promotion of better methods of manufacture and distribution. ..... the complaint in 1939 and the closing of testimony over two years later, the court said: "men cannot, by illegal means, erect an illegal structure -- a structure of dominance and control over an industry vital to the welfare of the public -- and then, by destroying the illegal means by which the structure has been erected, take the position that they have reformed, that they have adopted a ..... 419 entry of a finding by the court on the petition of any defendant that the consequences of the conduct of the defendants in violation of the antitrust laws have been fully dissipated, from the following acts: (a) bringing, maintaining, or taking any action in any suit for infringement of any patent owned or controlled or hereafter issued on pending applications covering glassware machinery; (b) attempting to interfere, by suit or otherwise, with ..... (p) a provision of the decree enjoining individual appellants from ownership of securities or evidence of indebtedness of more than one corporation in the industry should be modified to prohibit acquisition of stocks or bonds of any corporate appellant by any other such appellant, and to prohibit any individual appellant from acquiring a measure of control, through ownership of stocks or ..... 1942 ..... 1942 ..... 1942 ..... 1942 .....

United States Vs. United Mine Workers

Court : US Supreme Court

..... a reading of the text conveys and which is confirmed by the history which led congress to free the federal courts from entanglements in these industrial controversies through use of the injunction, ought not to be subordinated to an abstract canon of construction that carries the residual flavor of the days ..... section 13(a) defines it: "a case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or ..... number of war labor board cases resulting in plant seizures by the united states, so far as statistics are available, is as follows: four cases from june 25, 1943, the date of the passage of the war labor disputes act, to december 31, 1943; seventeen cases from january 1, 1944, to december 31, 1944; fifteen ..... growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are herein defined) from doing, whether single or in concert, any of the following acts:" "(a) ceasing or refusing to perform any work or to remain in any relation of employment;" "(b) becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described ..... in argentina, mexico, chile and the united states: a comparative study (1942) 4 la.l.rev. ..... 1942); ..... 1942 ..... 1942 ..... 1942 .....

United States Vs. Philadelphia Nat'l Bank

Court : US Supreme Court

..... ] during this period, the department of justice and the federal banking agencies [ footnote 2/2 ] advocated divergent methods of dealing with the competitive aspects of bank mergers, the former urging the extension of 7 of the clayton act to cover such mergers and the latter supporting a regulatory scheme under which the effect of a bank merger on competition would be only one of the factors to be considered in determining whether the merger would be in the ..... pan american, the court held that because the civil aeronautics board had been given broad powers to enforce the competitive standard clearly delineated by the civil aeronautics act, and to immunize a variety of transactions from the operation of the antitrust laws, the sherman act could not be applied to facts composing the precise ingredients of a case subject to the board's broad regulatory and remedial powers; in contrast, the ..... . 392 , we held unlawful, under 1 of the sherman act and 5 of the federal trade commission act, rather than under 3 of the clayton act, exclusive arrangements whereby the four major firms in the industry had foreclosed 75% of the relevant market; the respondent's ..... the trial and the district court's decision the government's case in the district court relied chiefly on statistical evidence bearing upon market structure and on testimony by economists and bankers to the effect that, notwithstanding the intensive governmental regulation of banking, there was a substantial area for the free ..... - .....

American Trucking Assns., Inc. Vs. United States

Court : US Supreme Court

..... the use of such equipment- (1) shall be made between the authorized carrier and the owner of the equipment; (2) shall be in writing and signed by the parties thereto, or their regular employees or agents duly authorized to act for them in the execution of contracts, leases, or other arrangements; (3) shall specify the period for which it applies, which shall be not less than 30 days when the equipment is to be operated for the authorized ..... view that the question is hardly one for the courts; it is clear that the rules represent, at best, a compromise between stability and flexibility of industry conditions, each alleged to be in the national interest, and we can only look to see if the commission has applied its familiarity with transportation problems to ..... evidence is overwhelming that a number of satellite practices directly affect the regulatory scheme of the act, the public interest in necessary service, and the economic stability of the industry, and it is on these that the rules focus. ..... 298 appeal from the united states district court for the northern district of alabama syllabus under the motor carrier act, 1935, as amended, the interstate commerce commission promulgated rules governing the use by authorized motor carriers of equipment not owned by them but leased from the owners or obtained by ..... the bureau of motor carriers held hearings on the subject which culminated in a statistical report in 1943. ..... 501.10, 501.13, july 14, 1942, 7 fed.reg. ..... m-1, june 11, 1942, 215.101, .....

M/S Madras Petrochem Ltd. and Anr. Vs. Bifr and Ors.

Court : Supreme Court of India

..... even before such finalisation to form the opinion that the company had become a sick industrial company, the board of directors shall, within sixty days after it has formed such opinion, make a reference to the board for the determination of the measures which shall ..... within sixty days from the date of finalisation of the duly audited accounts of the company for the financial year as at the end of which the company has become a sick industrial company, make a reference to the board for determination of the measures which shall be adopted with respect to the company: provided that if the board of directors had sufficient reasons ..... into force, are also an important pointer to the fact that section 22(1) of the sick industrial companies (special provisions) act, 1985 has been statutorily sought to be excluded, parliament veering around from wanting to protect sick industrial companies and rehabilitate them to giving credence to the public interest contained in the recovery of public ..... make a reference to the board; establishment of board consisting of experts in various relevant fields with powers to enquire into and determine the incidence of sickness in industrial companies and devise suitable remedial measures through appropriate schemes or other proposals and for proper implementation thereof; constitution of an appellate authority consisting of persons who are ..... provides statistics regarding .....