Monopoly - Law Dictionary Search Results
Home Dictionary Name: monopoly Page: 2 Page 2 of about 41 results (0.002 seconds)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...
Cum privilegio
Cum privilegio, the expression of the monopoly of Oxford, Cambridge, and the Royal Printers to publish the Bible....
Telegraphs
Telegraphs. See the Telegraph (Construction) Acts, 1863 to 1925, by which provisions are made for transferring telegraphs to the Postmaster-General. Telegraph means a wire or wires used for the purpose of telegraphic communication, with any casing, coating, tube, or pipe inclosing the same, and any apparatus connected therewith for the purpose of telegraphic communication, and any apparatus for transmitting messages or other communications by mans of electric signals (Acts of 1863, s. 3, and 1869, s. 3). This definition includes telephones. The destruction or removal of an electric telegraph or the obstruction of message is a misdemeanour by the Malicious Damage Act, 1861, ss. 37, 38 and as to offences in regard to telephones, see Post Office Act, 1935 (25 & 26 Geo. 5, c. 15). See WIRELESS TELEGRAPHY. As to the monopoly possessed by Government by means of the exclusive privileges given by the Acts to the Postmaster-General, see Postmaster-General v. National Telephone Co., 1909, AC 269...
Serjeant
Serjeant [fr. serviens, Lat.], used in several senses:-A feudal tenure by knight service due only to king, Black's Law Dictionary, 7th Edn.(1) Serjeants-at-law, or of the coif (servientes ad legem), otherwise called serjeants counter, the highest degree in the Common Law, as doctors in the Civil Law; but, according to Spelman, a doctor of law is superior to a serjeant, for the very name of a doctor is magisterial, but that of a serjeant is only ministerial. Serjeants-at-law were made by the sovereign's writ, addressed unto such as are called, commanding them to take upon them that degree by a certain day, Fortescue, c. 50; 3 Cro. 1; Dyer, 72; 2 Inst. 213.The monopoly of exclusive audience enjoyed by the serjeants in the Court of Common Pleas, during term time, ineffectually attempted to be abolished by Royal Warrant in 1834 [see In the Matter of the Serjeants-at-law, (1840) 6 Bing NC 235], was abolished in 1846 by 9 & 10 Vict. c. 54.The judges of the Common Law Courts were formerly req...
Post office
Post office, the expression 'post office' includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles. [(Indian) Post Office Act, 1898 (6 of 1898), s. 2(h)]The Government service of the carriage of letters, first established in 1643. Regulated by statutes 7 Wm. 4 & 1 Vict. c. 33; 1 & 2 Vict. cc. 97, 98; 3 & 4 Vict. c. 96 (the Post Office (Duties) Act, 1840, which established penny postage), and many other Acts, which are consolidated by the Post Office Act, 1908, as amended by subsequent Acts. Besides its monopoly in respect of letters, telegraphs and wireless telegraphy (q.v.) and telephones (q.v.), it carries on the business of a carrier of parcels, a savings bank, life assurance, the transmission of money by postal orders and money orders, and pays old age pensions. See also (English) Post Office and Telegraph Act, 1920; (English) Post Office (Parcels) Act, 192...
Patent
Patent, means a patent granted under this Act. [Patents Act, 1970 (39 of 1970), s. 2 (1) (m)]The effect of the grant of a patent is quid pro quo, quid is the knowledge disclosed to the public and quo is the monopoly granted for the term of the patent. S. 12 of the Patents and Designs Act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and using the invention throughout India and of authorising others so to do. This is the quo. The quid is compliance with the various provisions resulting in the grant of the patent, Raj Parkash v. Mangat Ram Choudhary, AIR 1978 Del 1.Means a grant of some privilege, property, or authority, made by the Government or sovereign of a country to one or more individuals, Aphali Pharmaceuticals Ltd. v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 378....
Law Reports
Law Reports. Reports of judgments of courts on points of law, published for the purpose of being used as precedents (see (REPORTS). Prior to 1865, these reports were all executed and published as mere private speculations, one reporter or pair of reporters being usually, though not always, accredited by the chief judge of each Court. For an account of these reporters and their works, see Handbook of English Law Reports, by Master Fox. In 1865 'The Incorporated Council of Law Reporting for England and Wales' began to publish monthly the reports called The Law Reports. These, though perhaps the best known, have no monopoly-for contemporaneous monthly reports are published under the name of The Law Journal, and contemporaneous weekly reports under the names of The Law Times Reports, The Solicitors' Journal and Weekly Reporter and All England Reports, and The Times Law Reports. All reports made by members of the Bar and published on their responsibility may be cited in argument. For abbrev...
Intoxicating liquor
Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...
Ferry
Ferry, the right to carry persons and their goods in boats across a river, and to take toll for such carriage. It is a franchise, and can only be created by a grant from the Crown, prescription which presumes such a grant, or Act of Parliament; see Simpson v. Att.-Gen., 1904 AC 490. The owner if he lose his traffic by the competition of a railway bridge can get no compensation under the Lands Clauses Act, Hopkins v. Great Northern Railway Co., (1877) 2 QBD 224. See also Cowes Urban District Council v. Southampton, etc., Co., (1905) 2 KB 287; Hammerton v. Dysart (Earl), 1916 AC 57; General Estates Co. v. Beaver, (1914) 3 KB 918. As to the duties of common ferrymen, see 1 Shower, 140. As to the acquisition of ferries by local authorities, see the (English) Ferries (Acquisition by Local Authorities) Act, 1919.It includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry. [Railways Act, 1989 (24 o...
Consumer Co-operative Society
Consumer Co-operative Society, Consumers' co-operative societies form a distinct class by themselves. Benefits and concessions granted to them ultimately benefit persons of small means and promote social justice in accordance with the directive principles. There is an intelligible differentia between the retail dealers who are nothing but traders and consumers' cooperative societies. The position would have been different if there was a monopoly created in favour of the latter. The Scheme only envisages a rule of preference, Madhya Pradesh Ration Vikreta Sangh Society v. State of Madhya Pradesh, (1981) 4 SCC 535: AIR 1981 SC 2001: (1982) 1 SCR 750....
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