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In The Trade - Law Dictionary Search Results

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Unfair trade practice

Unfair trade practice, means a trade practice which, for the purpose of promoting the sale, use or supply any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice. [Consumer Protection Act, 1986 (68 of 1986), s. 2(r)]Section 36A of the Monopolies and Restrictive Trade Practice Act, 1969 defines 'Unfair Trade Practice': In this part, unless the context otherwise requires, 'unfair trade practice' means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services, whether by eliminating or restricting competition or otherwise, namely: (1) The practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the goods are of a particular standard, quality, grade, composition, style or model; represents...


Free trade throughout the territory of India

Free trade throughout the territory of India, Article 301 Constitution of India mandates free trade, commerce and intercourse throughout the territory of India. Interstate trade has, therefore, to be free from trade barriers. The mobility of goods throughout the territory of India has to be free. Free trade throughout the territory of India would be one with no tariffs and no restrictions or disadvantages of any kind of importing or exporting from the different States. Free trade means complete freedom of interstate trade without any restrictions on the movement of goods between the States, State of Bihar v. Harihar Prasad, AIR 1989 SC 1119 (1125): (1989) 2 SCC 192: (1989) 1 SCR 796. [Constitution of India Art. 301]...


trade

trade 1 a : the business or work in which one engages regularly b : an occupation requiring manual or mechanical skill c : the persons engaged in an occupation 2 : the business of buying and selling or bartering commodities 3 : an act or instance of trading ;also : an exchange of property usually without use of money vb trad·ed trad·ing vi 1 : to engage in the exchange, purchase, or sale of goods 2 : to give one thing in exchange for another 3 : to engage in selling vt 1 : to give in exchange for another commodity ;also : to make an exchange of 2 : to engage in frequent buying and selling of (as stocks or commodities) usually in search of quick profits trad·able also trade·able adj adj 1 : of, relating to, or used in trade or in a particular trade or business 2 also: trades : of, composed of, or representing the trades or labor unions ...


Trade, Board of

Trade, Board of. The Board of Trade is in theory a committee of the Privy Council, and by s. 12 of the (English) Interpretation Act, 1889, the expression means 'The Lords of the Committee for the time being of the Privy Council appointed for the consideration of matters relating to trade and foreign plantations.' The constitution of the Board rests on an Order in Council of the 5th March, 1784, by which amongst the members composing it are the Archbishop of Canterbury, the Speaker of the House of Commons, the Paymaster-General and the Master of the Mint.The Board as to constituted has in fact never met, but in practice is an ordinary administrative Government Department, presided over by a President whose salary is determined by Parliament under the (English) Board of Trade Act, 1909 (9 Edw. 7, c. 23); see also President of Board of Trade Act, 1932 (21 & 22 Geo. 5, c. 21). Its powers include supervision over the following matters: shipping, railways, mines, companies, bankruptcy and in...


restraint of trade

restraint of trade 1 : an act, fact, or means of curbing the free flow of commerce or trade [covenant not to compete with an employer after leaving is in restraint of trade and must be reasonable to be enforced] 2 : an attempt or intent to eliminate or stifle competition, to effect a monopoly, to maintain prices artificially, or otherwise to hamper or obstruct the course of trade and commerce as it would be if left to the control of natural and economic forces [the Sherman Antitrust Act declared every contract, combination, and conspiracy in restraint of trade to be illegal] ;also : the means (as a contract or combination) employed in such an endeavor see also horizontal restraint, per se rule, rule of reason, vertical restraint Sherman Antitrust Act in the Important Laws section ...


Associated Trade Marks

Associated Trade Marks, 'associated trade marks' means trade marks deemed to be, or required to be, registered as associated trade marks under this Act. [Trade Marks Act, (47 of 1999) s. 2 (1) (c)]...


Carry on trade

Carry on trade, whether trade is carried on by a person at a given place must be determined on a consideration of all the circumstances. No test or set of tests which is or are decisive for all cases can be evolved for determining whether a person carries on trade, at a particular place. Ancillary activities would not amount to carrying on trade within the State, State of Punjab v. Bajaj Electricals, AIR 1968 SC 739 (741): (1968) 2 SCR 536. [Punjab Professions, Trades, Callings and Employment Taxation Act, (7 of 1956), s. 3]...


In the trade

In the trade, the words 'in the trade' in the s. 8(a) of the Trade Marks Act, 1940 do not mean the trades people. These words may refer to the public also, Corn Products Refining Co. v. Shangrila Food Products Ltd., AIR 1960 SC 142: (1960) 1 SCR 968. [Trade Marks Act (5 of 1940), s. 8(a)]...


Trade Association

Trade Association, a 'trade association' means an association tradesmen, businessmen or manufac-turers for the protection and advancement of their common interest, Commissioner of Income Tax v. Royal Western India Turf Club Ltd., AIR 1954 SC 85: (1954) SCR 289. [Income Tax Act, 1922, s. 10(6)]Means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interests of its members or of persons represented by its members. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2(t)]...


Trafficking in trade marks

Trafficking in trade marks, to get a trade mark registered without any intention to use it in relation to any goods but merely to make money out of it by selling to others the right to use it as a commodity would be trafficking in trade mark. A trade mark is meant to distinguish the goods made by any person from those by another, American Home Products Corpn. v. Mac. Laboratories Pvt. Ltd., AIR 1986 SC 137: 1985 Supp (3) SCR 264: (1986) 1 SCC 465....



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