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Aug 11 1998

Hmm Ltd. Vs. Director General, Monopolies and Restrictive Trade Practi ...

Court: Supreme Court of India

Decided on: Aug-11-1998

Reported in: 1998VIAD(SC)214; AIR1998SC2691; [1998]94CompCas132(SC); JT1998(5)SC433; 1998(4)SCALE490; (1998)6SCC485

Practices Commission (hereinafter referred to as 'the Commission'). It held that the appellants were guilty of an unfair trade practice within the meaning of The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as 'the said … to desist from indulging in trade practices similar to that which had been held to be an unfair trade practice.2. The appellants manufacture and market consumer products, including Horlicks. In September, 1985 the appellants advertised a scheme they


Apr 07 1977

Hindustan Lever Ltd., Bombay Vs. the Monopolies and Restrictive Trade ... Overruled

Court: Supreme Court of India

Decided on: Apr-07-1977

Reported in: AIR1977SC1285; [1977]47CompCas581(SC); (1977)3SCC227; [1977]3SCR455

company, of introducing the two clauses complained of, in its agreements with its stockists, amounted to a restrictive trade practice.6. The distinction sought to be made on behalf of the appellant, between a practice and clauses in a … seller and the stockist who acquires complete proprietary rights in the stock of goods purchased, is itself a trade practice. The simple question before us is : can powers conferred upon the company under such clauses be exercised


Mar 26 2010

Ankur Exports Pvt. Ltd. Vs. Monopolies and Restrictive Trade Practices ...

Court: Delhi

Decided on: Mar-26-2010

Reported in: 2010CompLR43,[2010]100SCL1(Delhi)

POWER OF THE COMMISSION TO AWARD COMPENSATION.(1) Where, as a result of the monopolistic or restrictive, or unfair, trade practice, carried on by any undertaking or any person, any loss or damage is caused to the Central Government, … for the loss or damage caused to the applicant by reason of any monopolistic or restrictive, or unfair, trade practice carried on by such undertaking or other person.(4) Where a decree for the recovery of any amount as


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Mar 24 1999

Hindustan Lever Ltd. and anr. Vs. Monopolies and Restrictive Trade Pra ...

Court: Delhi

Decided on: Mar-24-1999

Reported in: 1999IIIAD(Delhi)515; [1999]97CompCas382(Delhi); 79(1999)DLT234; 1999(49)DRJ329

filed a complaint along with complainant No. 2, claiming to be a consumer, before the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the 'Commission') against M/s. Hindustan Lever Limited complaining that the advertisement campaign … a complaint along with complainant No. 2, claiming to be a consumer, before the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the 'Commission') against M/s. Hindustan Lever Limited complaining that the advertisement campaign of


Jul 10 1998

Pennwalt (i) Ltd. and anr. Vs. Monopolies and Restrictive Trade Practi ...

Court: Delhi

Decided on: Jul-10-1998

Reported in: AIR1999Delhi23; [1999]97CompCas163(Delhi); 74(1998)DLT422; 1998(46)DRJ434

payment of compensation for the loss or damage caused as a result of Monopolistic or Restrictive or Unfair trade practice carried on by him be not made. 2. Since the question involved is common in all the three … of a make different from the one approved and ordered by the respondent had thus, indulged in unfair trade practice within the meaning of Section 36A(i),(ii),(iv),(vii) and (viii) and as a conse-quence thereof claimed a compensation of Rs.


Mar 21 1996

R.C. Sood and Co. (P) Ltd. Vs. Monopolies and Restrictive Trade Practi ...

Court: Delhi

Decided on: Mar-21-1996

Reported in: [1996]86CompCas626(Delhi); 62(1996)DLT272; 1996(38)DRJ118

from seeking other reliefs, has claimed compensation for loss caused to him as a result of the restrictive trade practice carried on by the petitioners.(4) The first and the second petitioners on receipt of a notice of the … or any person against whom the application has been made, had indulged in monopolistic or restrictive or unfair trade practice as defined by section 2(i) or section 2(0) or Section 36-A of the Act, and loss or damage


Feb 05 2003

Tanfac Industries Ltd., Rep. by M.H. Upadhyaya, Joint President Vs. Mo ...

Court: Chennai

Decided on: Feb-05-2003

Reported in: 2003(155)ELT251(Mad)

valid or not. The Commission cannot prohibit import, its jurisdiction commences after import is completed and any restrictive trade practice takes place. 50. Customs duty on import of any goods is levied under the provisions of the Customs … jurisdiction under Section 37 to pass orders if such a sale was to amount to being a restrictive trade practice. For the Commission to have jurisdiction to pass such an order, whether interim or final, it must come


Sep 21 1992

Sushil Kumar Dalmia and anr. Vs. Monopolies and Restrictive Trade Prac ...

Court: Kolkata

Decided on: Sep-21-1992

Reported in: (1993)2CALLT320(HC),[1994]79CompCas568(Cal)

New Delhi, raising specific complaints regarding the issue and alleging the violation of restrictions and indulging in unfair trade practice in offering the debentures to the general public. On September 4, 1992, an application under Section 12A of … 1992, by the Monopolies and Restrictive Trade Practices Commission, restraining the company from charging and adopting any unfair trade practice in charging of price for equity shares. At the time of passing the said order, counsel for the


Jul 05 1976

Raymond Woollen Mills Ltd. Vs. Monopolies and Restrictive Trade Practi ...

Court: Mumbai

Decided on: Jul-05-1976

Reported in: [1979]49CompCas686(Bom)

impugned Notice of Enquiry and the impugned order and from taking further steps in the matter of Restrictive Trade Practice Enquiry No. 27 of 1974. An order directing the 2nd respondent not to participate in the said enquiry … undertaking' and sub-s. (v) 'undertaking'. Again, sub-s. (e) of s. 2 defines 'goods', sub-s. (s) 'trade', sub-s. (u) 'trade practice', and sub-s. (o) 'restrictive trade practice' which is as follows : '2. (o) 'Restrictive trade practice' means a


Jul 05 1976

Crompton Greaves Ltd. Vs. Monopolies and Restrictive Trade Practices C ...

Court: Mumbai

Decided on: Jul-05-1976

Reported in: [1979]49CompCas757(Bom)

goods. The understanding/arrangement amongst the respondents for uniform tendering and/or uniform fixation of selling prices is a restrictive trade practice and is prejudicial to public interest. 8. In para. 17 of the application, it is alleged that the … clauses fall under s. 33 of the MRTP Act, which provides that any agreement relating to a restrictive trade practice falling within one or more of the categories mentioned in cls. (a) to (1) of sub-s. (1) thereof


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