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

Section: 11,14(2),20

(a) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--Ss. 11 & 14 Initiation of "proceedings" and "inquiry" contemplated under Ss. 11 & 14(2) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 respectively Object, pre conditions and distinction Such proceedings were conditioned with the satisfaction of Authority with regard to contravention of S.3 of the Ordinance and necessity of action in "public interest" Purpose of such proceedings was to check unreasonable monopoly power or unnecessary restrictive trade practices in public interest -Term "public interest" would mean something in which public at large had some interest or by which their rights or liabilities were affected, but would not mean interest of a particular person Authority could conduct inquiry either of its own motion or upon reference of Federal Government or written complaint of not less than 25 persons Authority, if of opinion after conducting inquiry as to necessity of action in public interest, could initiate proceedings under S.11 of the Ordinance Expressions "proceedings" and "enquiry" neither defined in the Ordinance nor synonymous, rather latter was a step for the former Both such "proceedings" and "inquiry" were not meant for redressal of individual grievances, but could be initiated in "public interest".(b) Words and phrases "Enquiry" Meaning.Judicial Dictionary, 13th Edition by K.J. Aiyar ref.(c) Words and pbrases "Proceedings" Meaning.Judicial Dictionary, 13th Edn., by K.J. Aiyar and Black's Law Dictionary, page 1204 ref.(d) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970) Ss. 11, 12, 14 & 20 Initiation of enquiry on complaint �Dropping of enquiry and recall of show cause notice by Authority Appeal against such order Maintainability �Order passed by Authority on complaint under S.14(2) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 could not be branded as an order, under S.11 thereof Statutory proceedings under S.11(1) and special enquiry contemplated under S.14(2) of the Ordinance were not same…