Court : Delhi
..... both intimated the central government that swapping arrangement is not feasible.49. in fact, the scope of the pscs (like the present one) entered by the uoi with private contractors (like... petitioners) has already been interpreted by the supreme court in the case of reliance natural resources limited vs. w.p.(c) ..... had been dispensed with in the meeting of the empowered committee of secretaries held on 17th august, 2009.8. mr. sundaram lastly contended that respondent-uoi's decision to deny permission to export was with intent to force the petitioners to sell their crude oil containing high viscosity and wax to essar and ..... is a policy document containing broad policy outlines of the central government to give effect to the foreign trade (development and regulation) act, 1992 [for short "act, 1992"].. he submitted that section 3(2) of the act, 1992 empowers the central government to make provisions for either prohibiting, restricting or otherwise regulating particular export/import. .....
Tag this Judgment!Court : Delhi
..... in this clause shall apply in respect of matters relating to (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969 (54 of 1969); (b) the complaint of an individual consumer maintainable before ..... exclusive jurisdiction over the dispute between the parties. reference was made to the decision of the supreme court in union of india v. tata teleservices (maharashtra) ltd. (2007) 7 scc 517, the decision of the tdsat in aircel digilink india ltd. v. union of india (2005) 3 comp lj 461 (tdsat), the decision dated 22nd january 2010 of the tdsat in m .....
Tag this Judgment!Court : Delhi
Reported in : [1982]52CompCas421(Delhi); ILR1980Delhi969; 1980RLR718
..... limited(hindustan), is an 'undertaking' within the meaning of section 20(a)(ii) of the monopolies and restrictive trade practices act, 1969(the act).(2) number of preliminary objections were raised by the covernment. but finally the union of india agreed to have a ^^^(..111from this court on the question whether hindustan is a memopolyhouse.(3) hindustan ..... 1). the evil of this concentration of power is that it givesrise to a position of dominancy and a necessary corollary of this wasthe exclusion of others from the trade.section 20(a) says : '20.this part shall apply to (a)an undertaking if the total value of (i)its own assets, or (ii)its ..... speak, so manyhyphens that join, so many buckles that bind two or more undertakingsas to bring them within the concept of 'inter-connected undertakings'envisaged by the act. in all these inter-connections one sees the indicia of monopolisation, attempts to monopolise, and the maintenanceof a monopolistic position. all three of these characteristics are .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)
..... same can be challenged before the high court on various grounds in infringement proceedings. this position is expressly provided by section 13(4) of the said act. again in standipack private ltd. and ors. v. oswal trading co. ltd and ors. 1999 ptc (19) 479 (del), learned single judge (as he then was) noted that the delhi high court has ..... held in an infringement act relating to a patent, the plaintiff has to make a prima facie case about the existence of a monopoly right and its ..... on against the validity of the patent, without any substantial or patentable variation having been made, he had a good defense'114. in gillette safety razor co. v. anglo american trading co. ltd, vol. 30., reports of patent, design and trademark cases p. 465, lord moulton observed as under:i am, thereforee, of opinion that in this case the .....
Tag this Judgment!Court : Delhi
Reported in : [1976]46CompCas419(Delhi)
..... the approval of the central government within the meaning of section 33(3) of the monopolies and restrictive trade practices act, 1969 (hereafter called 'the act'), and, thereforee, it was outside the purview of sections 20 and 37 of the act. it was further urged that on the face of it the agreement did not operate to result ..... the central government, the inquiry before the commission would still be competent under the act. for this purpose, we may refer to section 37 of the act, relevant part of which reads as under:'37. (1) the commission may inquire into any restrictive trade practice, whether the agreement, if any, relating thereto has been registered under section ..... in restrictive trade practice within the meaning of section 2(o) of the act and the commission, thereforee, had no jurisdiction to proceed in the matter. these objections were treated by the commission as preliminary objections and were .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... how the governments normally function. in that connection, reference may be made to the high powered expert committee's report on the companies act and the monopolies and restrictive trade practices act which was submitted in 1978 and the legislation incorporating those recommendations was passed only in 1984. it sometimes becomes necessary for the executive ..... against a class, the processual basis of price fixation has to be accepted in the generality of cases as valid.' (see prag ice and oil mills v. union of india, : 1978crilj1281a ). also such provisions check such evil must be viewed, as krishna iyer j. said, through a socially constructive, not legally captious, ..... ratio. the challenge to these provisions on the alleged ground of violation of article 19 was repelled in delhi cloth and general mills co. ltd. v. union of india (1983) 54 comp case 674 (sc). the observations made therein with regard to allowing companies to accept unrestricted deposits with inevitable damage to depositors` .....
Tag this Judgment!Court : Delhi
Reported in : 2003IAD(Delhi)709; 102(2003)DLT762; 2003(67)DRJ217; [2003(97)FLR446]; (2003)IILLJ212Del; 2003(1)SLJ208b(Delhi)
..... ground that the plaintiff had in the suit raised a dispute, which purely falls under the provisions of industrial disputes act and is triable by labour court or industrial tribunal.4. the plaintiff alleged that it was a trade union duly registered under the trade union act, 1926. the defendant had been operating international passenger as well cargo flights from the international airports of india. all non ..... -managerial staff of the defendant posted at international airports are members of plaintiff union. since 1990 the defendant had adopted a policy of anti labour and .....
Tag this Judgment!Court : Delhi
Reported in : 1987(15)DRJ212; 1988LabIC1067; 1988RLR194
..... question which arises for consideration is whether the jurisdiction of civil courts is barred under the provisions as contained in section 18 of the trade unions act, 1926. section 18 of the trade unions act. 1926 reads as under : '18. immunity from civil suit in certain cases-(1) no suit or other legal proceeding shall be maintainable in ..... their lordships were interpreting the provisions as contained in sections 17 and 18 of the trade unions act, 1926 which grants certain exemption to members of the trade union. their lordships have held that there ale no express provisions in the trade unions act regulating strikes or picketing. but these are recognised weapons in armoury of labour. the ..... defendants, in the first place, contends that the present suit is not maintainable and the same is barred under the provisions as contained in the trade unions act, 1926. she submits that it is the legitimate right of employees to go on strike. in the present case, the employees went on strike after .....
Tag this Judgment!Court : Delhi
Reported in : 2006(90)DRJ504; 2007(1)SLJ344(Delhi)
..... ) of the act defines unfair labour practice as under:section 2(ra) 'unfair labour practice' means any of the practices ..... considered the provision of section 25-t of the industrial disputes act, section 2(ra) and seriall no. 7 of the 5th schedule, which are reproduced for facility of reference:section 25-t of the industrial disputes act reads as under:no employer or workman or a trade union, whether registered under the trade union act, 1926 or not, shall commit any unfair labour practice. section 2(ra .....
Tag this Judgment!Court : Delhi
Reported in : 131(2006)DLT79; [2006(110)FLR1171]; (2007)ILLJ23Del
..... ) of the act defines unfair labour practice as under:section 2(ra) 'unfair labour practice' means any of the practices ..... considered the provision of section 25-t of the industrial disputes act, section 2(ra) and seriall no. 7 of the 5th schedule, which are reproduced for facility of reference:section 25-t of the industrial disputes act reads as under:no employer or workman or a trade union, whether registered under the trade union act, 1926 or not, shall commit any unfair labour practice.section 2(ra .....
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