Law: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970

Section: 3

(a) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--Ss. 3, 11 & 14---Special inquiry, non-holding of---Condition precedent---Withdrawal of show-cause notices---Grievance of complainant was that Monopoly Control Authority had withdrawn the show-cause notices and dropped the proceedings against accused---Validity---Monopoly Control Authority had been given discretion under S.14 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, not to hold special inquiry, if application/complaint was found to be frivolous or vexatious or based on insufficient facts---Wrong issuance of notices to accused party would not bring the proceedings conducted by Monopoly Control Authority within the ambit of S.11 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970---From the facts contained in complaint, the Authority found that there was no contravention of S.3 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, and complaint was frivolous and vexatious---Monopoly Control Authority acted within the authority conferred upon it by S.14 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, in withdrawing the show-cause notices issued to the parties and dropping the proceedings---Order of the Authority could not be considered to be an order under S.11 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, so as to be appealable under S.20 of the Ordinance. (b) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ----Ss. 3, 11, 12 & 14---Passing of order by Monopoly Control Authority---Principles---Provisions of S.12 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, would not have come into play or could not be resorted to until the Authority, in pursuance of special inquiry, had come to the conclusion that there was prima facie contravention of S.3 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 and it was necessary to initiate proceedings in public…

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