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february 2004

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.

State Of Uttar Pradesh vs Gir Prasad And Ors · Niyam