Monopoly - Law Dictionary Search Results
Home Dictionary Name: monopolyCommercial and industrial monopolies
Commercial and industrial monopolies, The expression 'commercial and industrial monopolies' in Entry 21 in List III of Seventh Schedule is wide enough to include grant or creation of commercial or industrial monopolies to the State and citizens as well as control of monopolies, Ch. Khazan Singh v. State of U.P. AIR 1974 SC 669 (674): (1974) 1 SCC 295: (1974) 2 SCR 562. (Constitution of India, List III, Entry 21)...
Law relating to State monopoly
Law relating to State monopoly, 'a law relating to' a State monopoly cannot in the context, include all the provisions contained in the said law whether they have direct relation with the creation of the monopoly or not. The said expression should be construed to mean the law relating to the monopoly in its absolutely essential features, Akadasi v. State of Orissa, 1963 Supp (2) SCR 691: AIR 1963 SC 1047 (1054). [Constitution of India, Article, 19(6)]...
Monopoly
Monopoly [fr. Gk., single, and to sell], the exclusive privilege of selling any commodity. A licence or privilege allowed by the Crown, for the sole buying, selling, making, working, and using of anything whatsoever, whereby the subject is restrained from that liberty of manufacturing or trading which he had before.Such grants were common before the Stuarts, and were very oppressive and injurious during the reign of Elizabeth. The grievance became so insupportable that, notwithstanding the power of granting monopolies was a valuable part of the prerogative, they were abolished in 1623 by the Statute of Monopolies, 21 Jac. 1, c. 3, which declared all monopolies void, with an exception for 'letters-patent' for fourteen years for the sole working or making of any new manufactures within the realm, to the true and first inventors thereof, provided they be not contrary to law nor mischievous to the State. See LETTERS-PATENT.--is the power to control prices or exclude competition from any pa...
Monopoly
The exclusive power or privilege of selling a commodity the exclusive power right or privilege of dealing in some article or of trading in some market sole command of the traffic in anything however obtained as the proprietor of a patented article is given a monopoly of its sale for a limited time chartered trading companies have sometimes had a monopoly of trade with remote regions a combination of traders may get a monopoly of a particular product...
monopoly
monopoly pl: -lies 1 : exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill see also antitrust Sherman Antitrust Act in the Important Laws section 2 : one that has a monopoly ...
combination in restraint of trade
combination in restraint of trade :any monopoly or attempt at monopoly or any contract, combination, or conspiracy intended to restrain trade or commerce that violates the anti-trust laws see also Sherman Antitrust Act in the Important Laws section ...
Monopolist
One who monopolizes one who has a monopoly one who favors monopoly...
Cartel
Cartel [fr. Cartella, It., pasteboard], a piece of pasteboard with some inscription on it, hung up in some place, and to be removed, Floria's Dict., voce 'Cartella.' Hence a written challenge openly hung up; afterwards any written challenge. See CHARTEL.An agreement between or conventional grouping of producers of raw materials or goods.The cartel is an association of producers who by agreement among themselves to control production, sale and prices of the product to obtain a monopoly in any particular industry or commodity. Analysing the object of formation of a cartel in other words, it amounts to an unfair trade practice which is not in the public interest. The intention to acquire monopoly power can be spelt from formation of such a cartel by some of the producers, Union of India v. Hindustan Development Corpn., (1993) 3 SCC 499: AIR 1984 SC 988 (1008). [Constitution of India, Arts. 299, 14, 19]'Cartel' includes an association of producers, sellers, distributors, traders or service...
Law relating to
Law relating to, contemplates that the relation must be real, reasonable and prominent and not far-fetched or problematical, Ram Shankar Tewari v. State, 1954 All WR (HC) 334: 1954 Cr LJ 1212: 1954 All 562.Law relating to, the effect of the amendment made in Art. 19(6) of the Constitution of India is to protect the law relating to the creation of monopoly and that means that it is only the provisions of the law which are integrally and essentially connected with the creation of the monopoly that are protected. The rest of the provisions which may be incidental do not fall under the latter part of Art. 19(6) and would inevitably have to satisfy the test of the first part of Art. 19(6), Virajlal Manilal and Co. v. State of Madhya Pradesh, AIR 1970 SC 129: (1969) 2 SCC 248: (1979) 1 SCR 400. [Constitution of India, Art. 19(6)]....
Restrictive trade practice
Restrictive trade practice, means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include--(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price.(b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (nnn)]The definition of restrictive trade practice is an exhaustive and not an inclusive one. The decision whether trade practice is restrictive or not has to be arrived at by applying the rule of reason and not on the doctrine that any restriction as to area or price will per se b...
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