Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (iv) and (vi) and 360(1 1969 - c ss. 36A(1)(i) Monopolies and Restrictive Trade Practices Act (ii) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Monopolies and Restrictive Trade Practices Act, 1969 - ss. 36A(1)(i),(ii),(iv) and (vi) and 360(1) - Complaints - Against company engaged in manufacturing and selling of automobiles - Alleging indulgence in unfair trade practice by demanding excessive amount for booking of cars and by including the likely taxes, cess and transportation cost - Preliminary Investigation Reports were submitted - Notice of Enquiry issued alleging indulgence of the company in unfair trade practices falling u/s. 36(1)(i),(ii),(iv) and (vi) - Monopolies and Restrictive Trade Practices Commission directed the company to cease and desist from continuing with the practices complained of - On appeal, held: The allegations and materials against the company do not make out a case of unfair trade practice - The Commission has travelled beyond the specific a/legations in the Notice of Enquiry, which is violative of the rules of fairness and natural justice- It being flagrant violation of audi alteram partem rule, renders the impugned order invalid and bad in law - Since no case of any unfair trade practice is made out, there is no scope of order u/s. 360(1). |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2015 INSC 646 |
Petitioner | Tata Engineering And Locomotive Company Ltd |
Respondent | The Director (research) Forand On Behalf Of Deepak Khanna & Ors |
SCR | [2015] 10 S.C.R. 373 |
Judgement Date | 2015-09-07 |
Case Number | 2069 |
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