Court : US Supreme Court
..... a whole, and bearing in mind the policy of the commodity clause to dissociate the railroad company from the transportation of the property in which it is interested, and that the sherman anti-trust act prohibits contracts in restraint of trade, page 238 u. s. 536 there would seem to be no doubt that this agreement violated both statutes. 10. the railroad company ..... by the government, it is said that some of the objections now insisted on were not pressed in the lower court, that there is no complaint that the railroad charged the coal company exorbitant prices, or that it ever raised the new york prices, or that it failed to make prompt deliveries, or that it has prevented the coal company from buying ..... , but that the contract tended to create a monopoly and unlawfully to hinder and restrain trade in coal, in violation of the provisions of the anti-trust act. in this connection it was also charged that the railroad company not only mined coal, but purchased the product of other mines located along its railway, and had acquired the output of other collieries ..... the same persons, and that, by virtue of the terms and provisions of the contract, the railroad had such an interest in the coal as to make it unlawful for it to transport such commodity in interstate commerce. it was further charged that the transportation of the coal sold to the coal company was not only a violation of the commodity clause .....Tag this Judgment!
Court : US Supreme Court
..... supra, at 362 u. s. 606 , as the price floors. the district court found that the booking agent regulations were adopted because of experience that "many booking agents charged exorbitant fees to members and booked engagements for musicians at wages which were below union scale." 241 f.supp. at 881-882. on the basis of these findings, the district ..... or potentially affect the wages of the musicians involved." "i believe that this constitutes an economic interrelationship which permits the defendants to regulate and prohibit the booking activities of the caterers without violating the sherman act." 241 f.supp. at 893. the judgment of the court of appeals is vacated, and the cases are remanded with direction to ..... whose function is supplying bands to fathers of brides is not "labor group work." [ footnote 2/2 ] the first task, leading, certainly possesses "economic interrelationship[s] affecting legitimate union interests," [ footnote 2/3 ] and the second clearly does not. the court appears to feel that, because respondents' work includes some "labor group" tasks, all aspects of respondents' ..... economic interrelationship with the members . . . such that the [unions] are justified in regulating their activities. . . . furthermore, i find the regulations to be reasonably related to their interest in maintaining observance of union scale wages and working conditions." 241 f.supp. at 893. the finding concerning the caterer regulations was to the same effect. "the evidence discloses that .....Tag this Judgment!
Court : Karnataka
..... circular to various regional transport officers directing the registering authorities to cross-check private financiers whether they are registered under the karnataka money lenders act and also whether they are charging interest in excess of the limit prescribed under the exorbitant interest act on the money lent for the purchase of the vehicle and, only after securing the necessary documents in this regard, to make entry ..... to seek for all necessary documents from private financiers as to whether they have obtained money lending license and whether they are charging interest on the money lent on the basis of the money lenders act and the prohibition imposed therein on charging excess interest, is illegal, the said circular has been challenged by the association of private money lenders. they are questioning their authority in ..... insisting for all details before making entry of the names of the financier whether they are registered under the money lending act or not or the rate of .....Tag this Judgment!
Court : Punjab and Haryana
..... in filing of a public interest litigation by the petitioner, an advocate, seeking appropriate criminal/ departmental action against respondent no.4 ..... to the accuracy and integrity of this document cwp-20157-2012 - 2 - jalandhar and patiala divisions. it is this act of respondent no.4 which gave rise to some adverse publicity in the media that an exorbitant amount is being charged as arbitration fee without prior permission of either the state or central government in violation of the service rules. this culminated ..... and expenses, administration fee and any other expenses incurred in arbitral proceedings. it is the case of respondent no.4 that he is, thus, entitled in law to charge such fee.3. the petitioner has stated that there is prohibition as per rule 13(4) of the all india services (conduct) rules, 1968 (hereinafter referred to as the conduct rules .) as it ..... arbitrator. no uniform practice is being followed by various ministries/departments of the government of india with regard to the grant of honorarium/fees to a government servant appointed to act as arbitrator in disputes between the government of india and private parties or between private parties. in order to ensure uniformity in this respect, it has been decided, in .....Tag this Judgment!
Court : Mumbai Nagpur
..... farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has decided the maximum sale price based on reasonable trait values ..... to control the sale price of such cotton seed in the state; and whereas the traders in cotton seed including transgenic cotton seed were exploiting poor farmers by collecting exorbitant prices; and whereas a khariff season was to commence very soon, it had become imperative on the part of the state to regulate the supply, distribution and ..... cotton price in maharashtra as direct connection with the supply/distribution/sale of cotton seeds and all matters connected therewith. the fixation of cotton seeds price and the interest of farmers vested of various varieties of cotton seeds including fixation of maximum saleprice while following the procedure so prescribed under section 10 is also nowhere provided under ..... and interlinked issues are involved, therefore, this common judgment. 7] following are the central acts and the state acts and ordinances involved and read and referred by the parties : central acts and rules : i. the essential commodities act, 1955, (for short ??ec act ? ). this act provides in the interests of the general public, for the control of the production, supply and distribution of, .....Tag this Judgment!
Court : Punjab and Haryana
..... the committee was to remain binding for a period of three years at the end of which the institute was at liberty to apply for revision and the institute was prohibited from charging fee contrary to the mandate of the committee.8. while observing so, as aforesaid, the other material aspects observed, which are also germane for the controversy in the ..... which has resulted in widespread prevalence of various unethical practices. collection of large amount by way of capitation fee running into crores of rupees for mbbs and post-graduate seats, exorbitant fee, donation, etc. by many of such self financing institutions has kept the meritorious financially poor students away from those institutions. pressure, it is also seen, is being ..... etc. - 12 - minimum norms of infrastructure and facilities as laid down by the concerned council. (2) notwithstanding anything contained in sub- section (1), the state government may, in public interest, determine a provisional fee: provided that the state government shall determine fee in accordance with the provisions of sub- section(1) within a period of ninety days from the date ..... for the purpose of determining the merit as also the fair and transparent manner in which such examinations can be conducted. such a power exists under the ugc act, the mci act and the aicte act. the relevant enactments wherein these statutory authorities have been created provide for such law. however, assuming such a machinery is not evolved, the state may constitute .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1963Bom208; (1963)65BOMLR152; 1963MhLJ312
..... considerable importance, and they indicate that without a legitimate excuse a public carrier cannot refuse to carry the goods. if he does so because he wants exorbitant charges or for some other unjustifiable reason and representations are made to the transport authority concerned, his licence may be withdrawn. 14. it is true that ..... business of providing transport or who uses the vehicle for any of the purposes specified in sub-section (2) of section 42.' the rules under the act prohibit a private carrier to carry (some?) one else's goods either gratis or for reward. the definition does not apply in the present case. 'public ..... action will lie against him, because he has made profession of a trade which is for the public good, and has thereby exposed and vested an interest of himself in all the king's subjects that will employ him in the way of his trade. if an innkeeper refuse to entertain a guest ..... whom such facilities are provided.........' . 12. section 55 lays down matters to be taken into consideration while' granting such a permit. they are: '(a) the interest of the public generally; (b) the advantages to the public of the service to be provided and the convenience afforded to the public by the provision of ..... , it would not permit the appellant to do so. but in cases like the present where the point is of importance, the court may in the interests of justice permit it to be done. we accordingly allow this point to be raised on behalf of the appellant. 8. in halsbury's laws of .....Tag this Judgment!
Court : Punjab and Haryana
..... entitled to recover the dues from respondent no.1. there is no bar in contract agreement regarding charging of interest on due amounts by one party from the other. when grant of interest not prohibited by terms of the contract agreement, then in case the arbitrator awarded interest at the above said rate, then no illegality committed by arbitrator, particularly when, ratio of cases titled ..... accuracy and integrity of this document fao no.435 of 2006 -8- (2) arbitration law reporter 324, lays that it is within domain of arbitrator to award interest. so arbitrator while awarding interest has not acted in violation of the terms of the contract agreement. as the arbitrator interpreted terms of the contract agreement in best suitable way, sitting in the facts and ..... for petitioner to the contrary as such has no force. 16. it is also contended by counsel for petitioner that award of interest at rate of 18% per annum is not permissible and such by grant of interest at such exorbitant rate arbitrator has mis-conducted the proceedings. after going through clause l of the contract agreement it is obvious that when breach ..... its obligation under the contract. then the contractor failed to lift the paddy for milling. the appellant by invoking the provisions of section 34 of the indian arbitration and conciliation act, 1996, filed objections. after recording evidence of both the parties, those objections were dismissed vide the impugned order dated 8.11.2005. it is contended by counsel for the .....Tag this Judgment!
Court : Karnataka
..... regulate the transport vehicles, all conditions that are imposed have to be followed by the petitioners in the interest of commuters. there is no prohibition as such imposed to such notifications either under the act or under the rules. in the absence of the same, the notification cannot be quashed only on the ..... so long as the compounding fee does not exceed the find prescribed by penal section, the same cannot be declared to be either exorbitant or irrational or bereft of guidance. 9. in the case on hand, for the first offence of carrying the passengers in excess of seating ..... of the accused. for the offences compounded, it may be done prior to or after the initiation of the prosecution. secondly, the penal and charging section prescribes the maximum outer limit within which the compounding fee would be prescribed. the apex court, in the case cited supra has held that ..... to have the offences compounded. it may also be done before the institution of the prosecution case. however, power under section 200 of the mv actmv actmv act is delegated to the state government to prescribed reasonable compounding fee i.e., it is not unguided. 8. the word not unguided refers ..... government to issue a fresh notification providing for a compounding fine in accordance with the provisions of law till appropriate amendment is brought to the act. having complied with the order of this court, the impugned notification dated 29.10.2007 was issued specifying the amounts of compounding fee of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3226; 2005(5)ALLMR(SC)1030; 2005(5)ALT1(SC); 2005(4)AWC3864B(SC); 2005(5)BomCR859; 2005(4)CTC81; 2005(3)ESC373; [2005(4)JCR164(SC)]; JT2005(7)SC313; 2005(5)KarLJ16; 2005(6)SCC537
..... procedure and fee structure. state regulation should be minimal and only with a view to maintain fairness and transparency in admission procedure and to check exploitation of the students by charging exorbitant money or capitation fees. 127. for the aforesaid reasons, we cannot approve of the scheme evolved in islamic academy to the extent it allows states to fix quota for ..... 138. our answer to question-3 is that every institution is free to devise its own fee structure but the same can be regulated in the interest of preventing profiteering. no capitation fee can be charged.q.4. committees formed pursuant to islamic academy139. most vehement attack was laid by all the learned counsel appearing for the petitioner-applicants on that ..... running of the institute and to generate funds for its further growth. only capitation and diversion of profits and surplus of the institute to any other business or enterprise was prohibited. it is submitted that islamic academy contrary to the legal position explained in pai foundation, could not set up in each state permanent committees headed by retired high court ..... be above the national interest. 'minority' and 'minority educational institutions'98. the term 'minority' is not defined in the constitution. chief justice kirpal, speaking for the majority in pai foundation, took clue from the provisions of the state reorganisation act and held that in view of india having been divided into different linguistic states, carved out on the basis of the .....Tag this Judgment!