Supreme Court · 2008 INSC 1104 · Decided 29 September 2008

M/S Philips Medical Systems (Cleveland) INC. v. M/S Indian Mri Diagnostic & Research LTD. & ANR.

Court
Supreme Court of India
Citation
2008 INSC 1104 · [2008] 13 S.C.R. 1140
Case number
CIVIL APPEAL No. 2461/2006
Decided
29 September 2008
Bench
ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

1140 A M/S PHILIPS MEDICAL SYSTEMS (C~EVELAND) INC. v. MIS INDIAN MRI DIAGNOSTIC & RESEARCH LTD. & ANR. (Civil Appeal No. 2461 of 2006) B SEPTEMBER 29, 2008 [ALTAMAS KABIR AND MARKANDEY KATJU, JJ.) Monopolies and Restrictive Trade Practices Act, 1969 - c s. 36 A (as amended in 1991) - a situation where goods are not sold at all - It only applies where goods in fact are sold - D By 1991 amendment, definition of unfair trade practice was made inclusive and not exhaustive - However, while interpret- ~ ing amended s. 36A, the object of s. 36A should not be disre- garded - Per

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