Supreme Court of India · 2004-02-25
State Of Uttar Pradesh vs Gir Prasad And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 1756
- Court
- Supreme Court of India
- Petitioner
- State Of Uttar Pradesh
- Respondent
- Gir Prasad And Ors
- Author
- Ruma Pal
- Bench
- Ruma Pal, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court held that the Monopolies & Restrictive Trade Practices Commission lacked jurisdiction to entertain a complaint regarding an irrigation program under the Monopolies and Restrictive Trade Practices Act, 1969. The Court emphasized that for a complaint to be valid, it must establish the existence of a 'restrictive trade practice' as defined in Section 2(o) of the Act, which necessitates proof of preventing, distorting, or restricting competition. The Court found that the Commission's decision to proceed with the inquiry was unsustainable, leading to the quashing of the notice issued against the appellant.