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In Re: Agreement Relating to Nylon

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas357NULL

..... this view of the matter, however, would exclude a large number of users of commodities and a large number of commodities from the protective ambit of the monopolies and restrictive trade practices act.in view of this uncertain position and particularly in view of the decision of the supreme court referred to earlier, the term "consumer" in section 2(0)(ii) must be taken to include not only the consumers of the final ..... (1) of the constitution could not be understood in the limited sense of eating but in the wider sense of using and that in the absence of any words to limit the connotation of the word "consumption" to the final act of consumption it will be proper to think that the constitution-makers used the word to connote any kind of user which is ordinarily spoken of as consumption of the particular commodity. ..... saves the previous operation of the repealed regulations as if the repealing regulations had not been made but except that, the repealed regulations stand completely repealed and the procedure is thereafter governed by the repealing regulations. ..... on 13th july, 1974, the, 1970 regulations were repealed and in their place the monopolies and restrictive trade practices commission regulations, 1974 (hereinafter for the sake of brevity referred to as "the 1974 regulations") came ..... we may refer to regulation 87 of the 1974 regulations which provides that the 1970 regulations were repealed but the repeal shall not affect the previous operation of the repealed regulations. .....

Jyotirmay Investments Pvt. Ltd. Vs. New Delhi Municipal Committee and

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1994)80CompCas878NULL

..... show-cause notice was replied to by the applicant with a request to review the rates being charged by the respondent and it was further stated in the reply that the respondent ought to act fairly and should not discriminate between two shop owners. ..... municipal committee, air 1962 sc 554, was also repelled that the aforesaid judgment of the hon'ble supreme court determining rights in view of the above section of the punjab municipal act does not apply to the facts of the present case. ..... contention of the respondent that there was no validly executed contract between the complainant and the respondent in view of section 47 of the punjab municipal act, as interpreted by the hon'ble supreme court in the case of dr. h. s. ..... will dispose of an application under section 12a of the monopolies and restrictive trade practices act, 1969, filed by the complainant against the respondent. ..... also pointed out by the complainant that the definition of the agreement in section 2(a) of the monopolies and restrictive trade practices act includes any arrangement or understanding whether or not it is intended that such agreement shall be enforceable (apart from any provisions of this act) by legal proceedings. ..... has been filed by shri prem kumar kapoor, director of the complainant-company incorporated under the companies act, 1956, as a private limited company. ..... the respondents they are undertaking controlled by the government to which the monopolies and restrictive trade practices act does not apply. .....

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

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1990)68CompCas89NULL

..... make a public issue of equity shares linked with debentures be regarded as "an agreement", allotment of equity shares and debentures is not a sale or purchase transaction therefore, under section 33 of the monopolies and restrictive trade practices act, acquisition of shares by allotment would not fall within the definition of "restrictive trade practice" though of course, the exercise or the process of allotment of shares bears the character of a trade practice.89. ..... [1976] 46 comp cas 419 (delhi), it has been held that if an agreement has been approved under section 33(3) for exemption from registration, it may have some bearing on section 38 of the act which provides a gateway for an agreement to pass through even if it contains restrictive trade practices on the question as to whether such practices are not prejudicial to public interest. ..... not receive any strength after having found that the shares before allotment are not goods within the meaning of sections 2(o)(ii), 33(1)(b) and (g) of the monopolies and restrictive trade practices act and the allotment of the share does not amount to purchase within the meaning of section 2(o)(ii) and section 33(1)(b) of the monopolies and restrictive trade practices ..... 1986 (except 178 of 1986) 72, 149, 148, 49 and 138 of 1986. ..... -swami [1986] 60 ..... 157 of 1986 offered 1,15,000 ..... of 1986, ..... 157 of 1986, the respondent-company offered 11,50,000 ..... 157 of 1986 only, which are representative of the facts in other cases, ..... 157 of 1986), 33 ..... 1986, ..... 1986, ..... 1986 .....

Director-general of Vs. Deepak Fertilizers and

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1994)81CompCas341NULL

..... : 1(a) whether having regard to the true legal nature and characteristics of debentures, the same could be considered as "goods" within the meaning of section 2(e) of the monopolies and restrictive trade practices act, 1969, even before they are allotted to the debenture holder (b) whether it makes any difference to the answer to the foregoing question, if the debentures offered by the company are compulsorily or optionally ..... challenge the issue before the calcutta district consumer disputes redressal forum under the consumer protection act, 1986, on diverse grounds and also succeeded in obtaining an interim injunction ..... . the upshot of the foregoing discussion is that debentures are not "goods" within the meaning of section 2(e) of the monopolies and restrictive trade practices act, as they are, firstly, actionable claims (save when secured by specific mortgage in respect of a particular debenture or debenture holder in which case they will be immovable property), and, therefore, excluded ..... we will first have a look at the relevant statutory provisions as they stood prior to their amendment by the monopolies and restrictive trade practices (amendment) act, 1991, which came into effect and was inserted on september 27, 1991, the unamended section 2(e) provides : " 'goods' includes goods produced in india, and, in relation to any goods, supplied, ..... for its consideration was whether the prospective investor can be treated as a consumer within the meaning of the consumer protection act, 1986 .....

In Re: Avon Cycles P. Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1986)60CompCas1036NULL

..... 36a(3)(b) in the matter of giving away prizes by contests, lottery or game of chance or skill, it is to be noted that consumer interest is integral to any socio-economic order especially under the monopolies and restrictive trade practices act and, therefore, what deprives the consumers as a body or a fairly large number of them of the benefits from market affluence and competition must be regarded as injurious to the consumer. ..... counsel for the respondent, that the mere conduct of the lottery is not an unfair trade practice and, therefore, not a wrong under the monopolies and restrictive trade practices act, it is necessary for the director-general to establish direct loss to the consumer or indirect loss through distortion of competition. ..... as this advertisement appeared to attract the provisions of section 36a of the monopolies and restrictive trade practices act, 1969, a preliminary investigation was ordered to be conducted by the director (research) taking into account the findings of the preliminary investigation report the commission issued a notice of enquiry ..... are whether the said trade practice is an unfair trade practice within the meaning of section 36a of the monopolies and restrictive trade practices act, and if so, whether it is prejudicial to public interest or to the interest of the consumer. ..... of protecting consumer interest, lotteries and contests, therefore, clearly act in a prejudicial manner in regard to consumer and public interest ..... were heard on april 11, 1986. .....

In Re: Bengal Tools Limited

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... a presumption in his favour.thus, having shown that irrespective of the variation in the cost of production, all the four respondents quoted identical rates, under the provisions of section 106 of the evidence act, a duty lay on the respondents to dispel this presumption by bringing to the fore some fact which occasioned the identity of rates, for, the burden of proving any fact which is especially within the ..... the supreme court observed (at page 867): " the broad effect of the application of the basic principle underlying section 106, evidence act, to cases under section 167(8) of act is that the department would be deemed to have discharged its burden if it adduces only so much evidence, circumstantial or direct, as is sufficient to raise a presumption in its favour with regard to the existence ..... as a result of our above discussion, a cease and desist order is hereby passed under section 37(1) of the monopolies and restrictive trade practices act directing that the respondents shall discontinue the practice of quoting rates for their various products in concert or by mutual understanding/arrangement expressly or impliedly and ..... as regards the applicability of clause (h) read with the balancing clause of section 38(1) of the monopolies and restrictive trade practices act, it is necessary for the respondents to show : (a) the restriction does not directly or indirectly restrict or discourage competition to any material degree; (c) the restriction is not unreasonable having regard .....

Association of State Road Vs. Premier Tyres Ltd. and ors.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1988)64CompCas868NULL

..... further, he drew attention to the cost accounting records (tyres and tubes) rules, 1967, under the companies act, 1956, under which the tyre companies are required to maintain proper books of account containing, inter alia, the particulars of the cost of manufacture of tyres and tubes in types and sizes and underlined the point ..... adverting to the relevant provisions in the evidence act, he pointed out that information on cost of production cannot be regarded as privileged or confidential and withheld on that account. .....

Director-general of Vs. Food Specialities Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1987)62CompCas122NULL

..... learned counsel for the respondents submitted that the allegation is only with respect to packaging tomato ketchup in packages of 400 grams and now it has been permitted by notification dated january 17, 1986.this being so, proceeding with the enquiry to be able to pass a desist order for the future in any quantity that may not be permitted by rules will be of little avail because this enquiry centres round specifically regarding ..... it is submitted by shri ravinder narain, learned counsel for the respondent, that according to sub-section (3) of section 36d of the monopolies and restrictive trade practices act, no order can be made under sub-section (1) in respect of any trade practice which is expressly authorised by any law for the time being in force. ..... the jurisdiction of the monopolies and restrictive trade practices commission will extend to contravention of such provisions of the weights and measures act and the rules thereunder relating to performance, composition, contents, design, construction, finishing or packaging as are necessary to prevent or reduce the risk of injury to the persons using the goods. ..... of 400 grams contravenes item 18(a) of rule 5 of the third schedule to the standards of weights and measures (packaged commodities) rules, 1977, and, therefore, it attracts the provisions of section 36a(4) of the monopolies and restrictive trade practices act.the director-general made this application on january 23, 1986. .....

In Re: Nirma Chemical Works

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1987)61CompCas488NULL

..... " a notice of enquiry was sent to the respondent who first of all contested but thereafter it filed an application under section 37(2) of the monopolies and restrictive trade practices act in which it has undertaken as under : "(a) the respondent firm will not indulge in dealers' discount scheme as stated in the notice of enquiry. ..... ) if restrictive trade practice within the meaning of section 2(o) or section 33 of the monopolies and restrictive trade practices act, 1969, was being indulged in on account of allowing of the aforesaid discriminatory discounts on off-take. ..... the complainee company having undeniably indulged in the trade practice supra, attracts the provision of section 2(o) of the monopolies and restrictive trade practices act, 1969. .....

Registrar of Restrictive Trade Vs. Kores India Limited

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... [1948] 334 us 37, the judges observed that the legislative history of the robinson patman act makes it abundantly clear that the congress considered it to be an evil that a large buyer could secure a competitive advantage over a small buyer solely because of the large buyer's quantity ..... agreement or understanding in this respect relates as it does to a restrictive trade practice within the meaning of section 33 of the monopolies and restrictive trade practices act, it is also restrictive or distorting of competition, or has the potential of bringing about an adverse effect on competition. ..... as regards the applicability of clause (h) of section 38 of the monopolies and restrictive trade practices act, it is to be seen whether the respondent has been able to show that the restriction does not directly or indirectly restrict or discourage competition to any material degree and is not likely to ..... this is an enquiry under section 10(a)(iii)/37 of the monopolies and restrictive trade practices act, 1969, instituted in the wake of an application dated april 27, 1983, moved by the registrar, restrictive trade agreements, as he was then designated (hereinafter referred to as "the applicant ..... is the respondent indulging in or has the respondent indulged in the trade practices alleged (3) if so, whether these trade practices amount to restrictive trade practices within the meaning of section 2(o) of the monopolies and restrictive trade practices act, 1969 (4) if answers to issues nos. .....