Trader - Law Dictionary Search Results
Home Dictionary Name: traderTrader
Trader, imports buying and selling of commodities and is not to be understood in a wide sense, as including manufacture. It cannot be said that the business of a film producer which is that of manufacture of films or that of distribution of films is that of buying and selling within the meaning of the word 'trade', Attar Hussain v. Fazli Brothers Ltd., AIR 1946 Bom 481: (1946) 48 Bom LR 377: 1946 Bom Rul 300.Means a person who 'in his normal course of business, buys or sells any notified agricultural produce, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538: AIR 1994 SCW 358: (1994) 4 SCC 707: (1994) 4 JT SC 471: 1994 Jab LJ 526: (1994) 95 STC 565.Means a person who 'in his normal course of business' 'buys or sells' but does not include agriculturist. The normal course of business of an agriculturist is neither buying nor selling, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538. [see M.P. Krishi Upaj Mandi Adhiniyam, 1973, s. 2(p)]Means a person who buys notifi...
insider trader
insider trader : one that engages in insider trading ...
treaty trader or investor
treaty trader or investor As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children. Source: U.S. Citizenship and Immigration Services ...
Sole trader
A feme sole trader...
Casual trader
Casual trader, mean a person, who, whether as principal, agent or in any other capacity undertakes occasional transactions in the nature of business involving buying, selling, supply or distribution of goods or conducting any exhibition-cum-sale in the State of Bihar, whether for cash, deferred payment, commission, remuneration or other valuable consideration, [Manipur University Act, 2005, s. 2(f)]....
Electricity trader
Electricity trader, means a person who has been granted a licence to undertake trading in electricity under s. 12, Electricity Act, 2003, s. 2(26)....
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Trade practice
Trade practice, means any practice relating to the carrying on of any trade, and includes:(i) anything done by any person which controls or affects the price charged by, or the method of trading of, any trader or any class of traders,(ii) a single or isolated action of any person in relation to any trade. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2(u)]S. 2 of MRTP Act, 1969 is the definition s. and clause (ii) of this s. defines 'trade practice' to mean any practice relating to the carrying on of any trade, and includes (i) anything done by any person which controls or affects the price charged by, or the method of trading of, any trader or any class of traders, (ii) a single or isolated action of any person in relation to any trade, Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
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...
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