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

Section: 20

(a) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--S.20---Civil Procedure Code (V of 1908), S.100---Appeal to High Court---Scope.An examination of section 20 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, indicates that it is based on, and indeed is identical to section 100 C.P.C., which provides for second appeals, against decrees of Civil Courts. As is well known, the second appeal under section 100, C.P.C. lies only on questions of law. The scope and extent of scope of section 100, C.P.C. and the sort of questions and issues which are regarded as questions of law for purposes of that section are well settled by numerous decisions of the Supreme Court and the High Courts. It is clear from the close identity between section 20 of the Ordinance and section 100. C.P.C. that an appeal against an order of the Authority also lies only on questions of law. Furthermore, the sort of questions and issues which should be regarded as questions of law under section 20 of the Ordinance are essentially the same on which a second appeal can be taken under section 100 C.P.C. The principles established for the proper application and interpretation of section 100, C.P.C. can, therefore, be adopted and applied for purposes of section 20 of the Ordinance as well. (b) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ----S.3---Prohibition on undue concentration of economic power---Scope. Section 3 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 is one of the most important provisions of the Ordinance. It prohibits and renders unlawful, any undue concentration of economic power, or unreasonable monopoly power, or unreasonably restrictive trade practices. Each of these is a distinct category of undesirable situation and proscribed circumstances and each is separately defined and dealt with in the Ordinance. (c) Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--- ----S.10---Function of the Authority---Scope. Section 10 of the Monopolies and Restrictive Trade Practices…

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