Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Court: monopolies and restrictive trade practices commission mrtpc Page 1 of about 4 results (0.081 seconds)

Director-general of Vs. Deepak Fertilizers and

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1994)81CompCas341NULL

..... that follows. under section 2(e) of the monopolies and restrictive trade practices act the term "goods" bears the same meaning as that laid down in section 2(7) of the sale of goods act, 1930. section 2(7) of the sale of goods act defines "goods" as under : " 'goods' means every kind of movable property other than actionable claims and money ; ..... whether a debenture is an actionable claim. the term "actionable claims" has not been defined either in the monopolies and restrictive trade practices act or even in the sale of goods act. the transfer of property act, however, defines the term under section 3 thereof and it reads as follows : " 'actionable claim' means a claim to any debt ..... , although shares and debentures are the two modes of exploiting the capital market by a company. even in the definition of 'goods', as given in section 2(vii) of the sale of goods act, debentures as such are not included though stocks and shares have been included. furthermore, section 36a is to be invoked only .....

Consumer Education and Research Vs. T.T.K. Pharma Ltd. and ors.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1990)68CompCas89NULL

..... and shares already figure in the definition of goods under the sale of goods act it seems that the object in overemphasising shares and stocks to be "goods" under the monopolies and restrictive trade practices act is that they are not limited only to purchase and sale as the sale of goods act, 1930, is concerned with. as i have ..... restrictive trade practices act. the definition of the word "goods" as given in section 2(e) of the monopolies and restrictive trade practices act has already been reproduced. it means goods as defined in section 2(7) of the sale of goods act. the definition of the word "goods" in the sale of goods act reads as under : '"goods' means every kind ..... for granted that the shares do not come into existence, they are "future goods" within the meaning of section 2(6) of the sale of goods act. the definition of "future goods" in the aforesaid provision reads as under : '"future goods' means goods to be manufactured or produced or acquired by the seller after the making of .....

Director-general of Vs. Investwell Publishers (P.) Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1990)69CompCas516NULL

..... (1990] 68 comp cas 89 (mrtpc), has held that shares before their actual allotment are not goods within the meaning of section 2(7) of the sale of goods act, 1930, read with section 2(e) of the monopolies and restrictive trade practices act. it is thus abundantly clear that the publication of an issue rating of a proposed share issue cannot ..... shares and it is well-settled that shares prior to their actual allotment are not goods either within the meaning of section 2(7) of the sale of goods act, 1930, or within the meaning of section 2(e) of the monopolies and restrictive trade practices act. i crave leave to refer to and rely upon the judgment of the hon'ble ..... be for the purpose of promoting the sale, use or supply of goods as no goods are in existence at the relevant .....

J.P. Sharma Vs. Reliance Petrochemicals Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... been so included, although shares and debentures are the two modes of exploiting the capital market by a company. even in the definition of "goods", as given in section 2(vii) of the sale of goods act, debentures as such are not included though stocks and shares have been included. furthermore, section 36a is to be invoked only in the matter ..... of promoting the sale, use or supply of any goods. in consumer education and research centre v. t.t.k. pharma ltd. [1990] 68 comp cas 89 ..... (mrtpc), it has been held by the full bench of this commission that shares before allotment are not goods and that the allotment of shares does not mean distribution, sale and control of goods. in sri gopal jalan and co. v. calcutta stock exchange association ltd. [1963] 33 comp cas 862 ; air 1964 sc 250 .....

Registrar of Restrictive Trade Vs. Tata Engineering and Locomotive

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas470NULL

..... opinion, will have or in any case may have the effect of preventing competition between dealers wishing to sell the respondent's goods. in some areas there are dealers in commercial vehicles who have good sales organisation and reputation. if these are monopolised by one producer, the other producers may be at a disadvantage in having their ..... the question whether the respondent is entitled to the benefit of any of the clauses of section 38(1) of the act, we may indicate the nature of the business in the production and sale of bus and truck chassis in india. there are only four manufacturers of commercial truck and bus chassis in india, viz ..... vehicles promoted or sold by such efficient organisation. this inevitably leads to restriction in competition between manufacturers within the meaning of section 2(o) of the act.23. the first .....

In Re: Smt. Bharti Devi

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1987)61CompCas734NULL

..... unfair trade practice within the meaning of sub-section (2) of section 36a of the monopolies and restrictive trade practices act by advertising sale at throwaway prices giving unverifiable market prices without mentioning the quality of goods offered for sale and the duration of the sale period. we are also satisfied that the aforesaid unfair trade practice is prejudicial to the public interest. there is ..... nothing to indicate that the respondent has continued with the unfair trade practice and, therefore, the only order that we pass under section 36d(1)of the monopolies and restrictive trade practices act is .....

In Re: Paras Brothers

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1994)81CompCas166NULL

..... as a result of such manipulation.9. in the circumstances of the case, we are not convinced that there was any distortion or restriction of competition in regard to sale of bisleri water in the market and there is no question of manipulation of prices. "manipulation" means handling or managing an affair so as to give a false appearance ..... any instructions from the company in regard to the price charged on such bottles. according to him also, no price list had been issued by the company for the sale of mineral water. when he was asked to explain what was mentioned by him in his cash memo and specifically when his attention was drawn to exhibit a-1 ..... in the market relating to goods or services in such manner as to impose on the consumers unjustified costs or restrictions . . . a simple analysis of the above definition would show that a restrictive trade practice must have the following elements : (a) it should be a trade practice as defined in section 2(u) of the act; (b) it should have .....

Director-general Vs. All India Organisation of

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1992)73CompCas668NULL

..... buyers. it does not deal with an agreement between sellers and purchasers. proceeding further, it was held as follows. an agreement among sellers to sell goods or to tender for sale the goods only at prices or on terms or conditions agreed between them is covered by clause (d) of section 33(1) of the ..... (d) of section 33(1). the rationale behind this provision is to prevent the sellers acting in concert to sell goods at particular " prices.similarly, the said provision is also meant to prevent the purchasers from acting in concert to purchase goods at particular prices. since the agreement impugned in this enquiry is an agreement between the purchasers ..... act. similarly, an agreement among the purchasers to purchase, or to tender for purchase, of goods only at prices and on terms and conditions agreed among the purchasers is covered by clause .....

Balsara Hygience Products Vs. Consumer Products Distributors

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... , the so-called grievance namely, reduction in the trade margin by 2% on certain products, parting with 1% commission to retailers and refusal to reimburse sales tax imposed in maharashtra remained unsubstantiated as admitted by the witnesses in their statements. the apprehension was stated to be merely on oral understanding for which there is ..... delivered in trucks accompanied by security personnel. even the security personnel had to be deployed in the complainant/ informant's warehouse at dadar who also accompanied the sales personnel of the complainant /informant in bombay. the boycott was duly reported in local newspaper in bombay the "gujarath samachar" in its issue dated 7.5. ..... no circumstantial evidence led.6. the refusal to deal with supplies of goods is squarely covered under clause (a) of sub-section (1) of section 33 of the act. the manufacturer is at liberty to appoint number of dealers, distributors, or stockists as it deems expedient in .....

Registrar of Restrictive Trade Vs. Steel Age Industries Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas607NULL

..... respondent. in the affidavit of mr. j.s. jamshedji it has been stated that the commission allowed by the respondent is not related to any quantum of purchase or sale of goods. it is further stated that the respondent has 12 distributors -- 11 in india and one in nepal. it is stated that the commission at the rate of 15 ..... furniture or equipment manufacturing and marketing and it is not likely to impede competition.in our opinion, this practice will be covered by section 38(1)(h) of the act and we propose to make no order with regard to the said practice.7. in the result, we direct that clause 10 of the agreement shall stand modified ..... that these are restrictive trade practices within the definition of that term in section 2(o) of the monopolies and restrictive trade practices act, 1969 (hereinafter for the sake of brevity referred to as " the act "). he prays that necessary action be taken against the respondent.2. the respondent has filed its reply to the application denying that these .....