The court was hearing a petition filed by NSE seeking directions to the competition watchdog to provide full details and reasons behind the notice which asked as to why penalty should not be imposed on it for allegedly abusing its dominant position
New Delhi: The Delhi High Court today asked the Competition Commission of India (CCI) to give a copy of its order to the National Stock Exchange (NSE) on the basis of which a show-cause notice for penalty was issued to the bourse for allegedly abusing its dominant position, reports PTI.
"The CCI has to furnish the petitioner any order forming the basis of penalty show-cause notice. On principle of natural justice CCI is directed to furnish a copy of order dated 29th April within one week," justice S Muralidhar said.
The court was hearing a petition filed by NSE seeking directions to the competition watchdog to provide full details and reasons behind the notice which asked as to why penalty should not be imposed on it for allegedly abusing its dominant position.
The CCI notice followed its internal investigations after complaint filed by NSE's rival in currency derivative market, Multi Commodities Exchange Stock Exchange (MCX-SX).
The complaint had alleged that NSE substantially reduced transaction fees to eliminate competition and discourage other entities from entering the market.
NSE had moved the high court contending that the notice did not give reasons as to how CCI reached the conclusion of penalty.
After hearing counsels for NSE, CCI and MCX-SX the bench said, "Any material which is going to be used against him (NSE) has to be given to him. It is simple principle of natural justice.
"In arriving to the penalty show-cause notice you had some order. What is the problem? Give NSE a copy of that," the judge said.
CCI's issued the penalty show cause notice after its director general investigation found prima facie that NSE allegedly violated the Competition Act, specifically section 4, which relates to "abuse of dominant position".
CCI had then asked NSE to show cause as to why a penalty should not be imposed on it for unfair trade practices in connection with currency derivatives trading.
It had sent the notice recently to NSE before deciding on the quantum of fine to be imposed on the bourse.
MCX-SX had alleged in its complaint to CCI that NSE used its dominant position and original monopoly in equity, F&O (Future and Options) and WDM (Wholesale Debt Market) markets to protect its position in the currency derivative (CD) market.
Currency futures trading started on the NSE on 29 August 2008, and at the MCX-SX on 7 October 2008.
While MCX-SX is allowed to trade only in currency derivatives, NSE has presence in all major financial trading segments.
Nifty headed for the first support of 5,340, subject to a minor rally
The market opened with small gains taking cues from the Asian bourses which were up in morning trade. The Sensex opened 40 points higher at 18,177 and the Nifty added nine points to its previous close to resume trade at 5,448. The indices rose to their intra-day highs in initial trade, with the Sensex at 18,218 and the Nifty at 5,461. The market could not retain the gains and hovered near the neutral line in the absence of any triggers. A bout of selling in frontline stocks around noon pushed the indices lower.
The oil & gas sector was the top loser, following reports of a directive from the oil ministry asking Reliance Industries to drill two wells in the KG-D6 block by next month and another nine by the end of the fiscal, to raise gas output. Higher crude prices also weighed on the sector.
The market touched the day's low in noon trade, with the Sensex losing 116 points to 18,021 and the Nifty dropping 38 points to 5,401. Recovery attempts in the post-noon session were shot down by institutional sellers, which ensured that the indices stayed range-bound in the negative. The market restricted its losses today, but still ended in the red for the third straight day. The Sensex closed 51 points down at 18,086 and the Nifty shed 18 points to settle at 5,421. The advance-decline ratio on the National Stock Exchange was 425:968.
The Nifty fell below its first support of 5,450 today. The fall is acquiring strength now and the next support to watch is 5,340.
The broader markets took a bigger hit today as the BSE Mid-cap index ended 0.61% lower and the BSE Small-cap index declined 0.80%.
The BSE Oil & Gas index (down 1.88%) continued to languish as the top sectoral loser. Other losers were BSE PSU (down 1.77%), BSE Healthcare (down 1.40%), BSE Auto (down 0.98%) and BSE Realty (down 0.92%). The BSE IT (up 0.24%), BSE Fast Moving Consumer Goods (up 0.20%) and BSE TECk (up 0.12%) were gainers.
Among Sensex stocks, HDFC (up 2.34%), Hero Honda (up 1.93%), Maruti Suzuki (up 1.75%), Wipro (up 1.71%) and Tata Power (up 1.50%) were the top performers. Reliance Infrastructure (down 4.11%), Tata Motors (down 3.36%), Reliance Communications (down 3.31%), SBI (down 2.40%) and Jaiprakash Associates (down 2.23%) were the losers on the index.
The government has decided to include natural gas and fertilisers in the list of core sector infrastructure industries, a move that will help capture the performance of the economy in a better manner.
Currently, the government evaluates the performance of six key sectors-crude oil, petroleum refinery, cement, electricity, finished steel and coal-on a monthly basis. The new series, which will have data for eight key sectors, would be released on 10th June.
Markets in Asia closed higher on a weak dollar and strengthening of commodity prices. Japanese stocks advanced on the back of banks and utilities. Mizuho Financial Group Inc gained 3.2% in Tokyo, on reports that it plans to merge its retail and corporate banks. Cnooc, China's biggest offshore oil producer, gained 2.2% in Hong Kong, while PetroChina Co climbed 1.7% as crude futures rose as much as 1.1% from a three-month low in New York today.
Besides, China's annual housing inflation slowed slightly in April with prices rising 4.3%, a further sign that forceful policy tightening is helping to cool exuberant price rises.
The Shanghai Composite gained 0.70%, the Hang Seng rose 0.48%, the Jakarta Composite surged 1.08%, the KLSE Composite was up 0.33%, the Nikkei 225 advanced 0.99%, the Straits Times added 0.15%, the Seoul Composite jumped 1.59% and the Taiwan Weighted settled 0.68% higher.
Back home, institutional investors were net sellers of equities on Tuesday. Foreign institutional investors offloaded Rs487.20 crore and domestic institutional investors pulled out stocks worth Rs570.29 crore.
There are no free lunches, no easy money. Yet people often become victim of ‘double-your-money’ or ‘earn-lifetime-income’ schemes. Here’s how to identity and avoid such MLM schemes
Nothing comes free in this world, especially money. The universal truth is you need to earn your money by hard labour all the time and there are no shortcuts to double it in the shortest span of time. Therefore, even if your near and dear ones tell you he/she will double, triple, quadruple your money within a few days/months, politely reply to them that it is not possible and what they are advocating is a pure 'get-rich-quick' type of scam.
How does one judge whether a scheme is genuine or a scam? It's simple. Check the interest rate being offered by banks, especially public sector banks like the State Bank of India, Union Bank of India, Bank of Baroda, and so on. At present, these banks pay 4% interest a year on savings bank accounts. Second, check the interest rate on the public provident fund (PPF). Currently the Employees' Provident Fund Organisation (EPFO) controlled interest rate on PPF is at 8% and for the Employees' Provident Fund (EPF) it is 9.5% per annum. Many people consider investment in EPF/PPF as the best and safest debt instrument.
The interest rates offered by banks and EPFO are an indication of the viable minimum and maximum expected returns on investments. In other words, you could say that your investment should give you a safe return of a minimum 4% and a maximum 9.5%, at least in 2011.
Therefore, anyone or any scheme that offers you more than this must be looked at very carefully and a thorough scrutiny must be done before investing one's hard-earned money. Unfortunately, this happens rarely, as most of the time the person approaching you with a high-returns scheme is either your close relative or a friend, whom you find difficult to say no. Remember, all scams, frauds that have happened in the past are known to have spread through the link of near and dear ones.
The first rule on investments is that if you do not understand how the instrument works don't sink your funds into it. This applies to all schemes that promise 'guaranteed income' and 'fast and huge returns' within a short time. In financial investment terms all such schemes are huge risks.
Now let's see how a multi-level marketing (MLM) company operates. An MLM, or pyramid selling scheme, typically requires you to pay upfront charges for either joining the scheme or buying a product or service (like collector's items or software, training programmes, e-zine etc). As more and more people join the MLM scheme, a member hopes to recover the upfront charges and then earn sizable profit through binary income. However, history tells us that all such MLM companies have failed miserably and vanished with investors' money after running out of new recruits or investors (a new 'bakra'?). Most of the time, the person who recruited many others himself becomes a victim of the scheme.
First, the agents, distributors, panellist and customers of the MLM companies try to convince the new recruit with bogus claims about earning huge money. If the recruit does not seem interested, they introduce terms like lifetime income and royalty payment through binary activity. All MLM agents pretend to help you earn big money. Unfortunately, it is he who ends up with the money, leaving more than a few penniless. When the binary income plan fails, recruits have had to go into hiding from the newer entrants.
This has happened so many times before, that MLM operators have found it necessary to advertise in order to allay the fears of new recruits, often engaging sellable brand ambassadors in the popular media. This is the "Fake it, till you make it" system, that's common among MLM operators.
Another important aspect is that once someone gets involved with an MLM company, he begins to strongly advocate it, irrespective of whether he likes it or not, and even if his inner self says it is wrong. The reason is he doesn't want to come out as being fooled by someone, and will pretend to have made a 'smart' choice by buying into the MLM scheme. So most agents will tell you that they are always right and they know everything and all others (who are not joining his MLM) are morons.
In addition, MLM systems are a massive net loss for a country, as they distract people from doing real productive work. All products or services sold through an MLM network are either worthless, or not beneficial to common people. The products offered under the pretext of herbal medicine, cure from diseases, medicine or collector's items such as gold coins, are often useless. In fact, the medicines sold under the garb of herbal products may even harm you and endanger your life. It is the same with other products as well.
The Moneylife team decided to look for other MLM schemes that are proliferating across the country. We found that a large number of companies, with varying degrees of legitimacy, many of them with a global footprint, are raising money or selling obscenely expensive products, by creating a high-reward matrix that is built on luring new distributors/depositors/buyers into the scheme. More importantly, each of them grows by roping in people who enjoy high public trust, such as doctors, bankers, reputed sportspersons, government officers, senior corporate executives, or their spouses, and sometimes even god-men.(Read more Money Chain )
Remember the GoldQuest scam? It was a chain-marketing scheme that used to sell limited edition gold coins, figurines or watches for Rs30,000 to Rs35,000. According to news reports, in May 2008, after receiving 8,277 complaints of cheating from many people, especially from South India, the Chennai police arrested GoldQuest's managing director and six other employees. The company ceased to exist, leaving 2.66 lakh of its independent representatives without any commission. Finally, last year the Supreme Court appointed Justice KP Sivasubramanian as settlement commissioner of a one-man commission, for the GoldQuest case.
Unfortunately, there is no legal provision in India to curb MLM schemes. However, Singapore, the headquarters of Speak Asia Online Pte Ltd, which hit the headlines recently, does have strict laws on MLMs. Under the Singapore Multi-level Marketing and Pyramid Selling (Prohibition) Act, all persons who participate in multi-level marketing or pyramid selling are treated as offenders who had committed an offence. This is because the participants would have played an active but destructive role to attract others into the scheme. The Act believes that this is the best way to deter potential promoters of such schemes.
According to the Ministry of Trade and Industry, Singapore, a conviction under the Act will result in a fine of up to $200,000 or imprisonment for a term not exceeding 5 years, or both. The fines are for:
1. Promoting or participating in a multi-level marketing, or pyramid selling, scheme or arrangement.
2. Registering a business which is designed to promote multi-level marketing, or pyramid selling scheme or arrangement.
3. Registering a company which proposes to promote multi-level marketing, or pyramid selling, scheme or arrangement.
In addition, the Singapore Act empowers a Court that convicts a promoter or participant of a multi-level marketing or pyramid selling scheme an additional penalty of an amount not exceeding the amount or value of any benefit which the promoter or participant has received. This additional penalty ensures that the Act serves as an effective deterrent to potential offenders.
However, since the Indian government has not taken any stand on the legitimacy of such network marketing or MLM companies, such schemes get replaced with other schemes and the entire cycle is repeated because the allure of instant riches through such Ponzi schemes is everlasting.
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