Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1969 Monopolies and Restrictive Trade Practice Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Monopolies and Restrictive Trade Practice Act, 1969: Section 12-B-Compensation-Jurisdiction to entertain-A company carried on business of manufacturing printing machines in Germany and was incorporated under German Law:--Complainant had its registered office in India-Company agreed to sell printing machine to the complainant and shipped the same from Germany to India-Parties had agreed that the applicable law in the event of any dispute would be a particular Law- Complainant filed compensation application against the said company before the MRTP Commission-The Commission held that it had jurisdiction to entertain the claim for compensation-Correctness of-Held: The remedies available under the Act are additional to the usual remedies available under the Contract Act-The jurisdictional clause in the agreement would, therefore, not apply to proceedings before the Commission-Hence, the Commission had jurisdiction to entertain the compensation application. Section 12-B-Compensation-Jurisdiction to entertain-Complainant filed compensation application before the MRTP Commission against a company-Company objected to the jurisdiction of the Commission on the grounds that (i) the parties had agreed that the applicable law in the event of any dispute would be a particular Law; (ii) that the company neither provided any service nor carried on any trade or trade practice in India for the purpose of the Act-Commission rejected both the grounds-Correctness of-Held: An objection to jurisdiction can either be taken by way of demurrer or raised as an issue in the proceeding-The first objection was in fact in the nature of a demurrer and could be decided as such-But the second objection could only be decided by adducing evidence-Hence, Commission directed to deal with the second objection-Evidence. Section 36-A-Unfair trade practice-Effect of-Compensation-Jurisdiction to entertain-MRTP Commission held that it had jurisdiction if the effect of the unfair trade practice was felt in India-Correctness of-Held: Merely because the effect of an unfair trade practice is felt in India, this would not clothe the Commission with jurisdiction unless the 'effect' is itself an 'unfair trade practice' within India. Contract Act, 1872: Sections 23 and 28-Agreement-Parties entered into an agreement that a particular Law would be applicable in the event of disputes-Validity of-Held: Such an agreement was not contrary to public policy nor did it contravene Ss. 23 and 28. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2004 INSC 287 |
Petitioner | Man Roland Druckimachinen Ag |
Respondent | Multicolour Offset Ltd. And Anr. |
SCR | [2004] Supp. (1) S.C.R. 396 |
Judgement Date | 2004-04-19 |
Case Number | 7244 |
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