AIR 1977 SUPREME COURT 973 ::1977 TAX. L. R. 1789 ::1977 2 SCC 55 ::1977 47 Com Cas 520 ::1977 2 SCR 685

Supreme Court Of India

(From M. and R.T.P.C. New Delhi; 1975 Tax LR 2086).

Hon'ble Judge(s): A. N. Ray, M. H. Beg, Jaswant Singh , JJJ

(A) Monopolies and Restrictive Trade Practices Act (54 of 1969) , S.10(a)(iii)— Monopolies and Restrictive Trade Practices Commission Regulations (1974) , Regn.55— Application under Section 10 (a) (iii) - Contents of - Necessity of statement of facts under Reg. 55. Where the Respondent contended that the application by the Registrar under Section 10 (a) (iii) was not in accordance with Regn. 55, Held that under the Regulation an application under Section 10 (a) (iii) must contain facts which, in the Registrar's opinion, constitute a restrictive trade practice and, if it is in relation to any agreement, set out such portions of the agreement as may be necessary to bring out the facts complained of. Hence the Respondent was right in contending that beyond making mere references to clauses of the agreement and bald allegations that the clauses constitute restrictive trade practice, no facts or features are set out in the petition to show or establish as to how the alleged clauses constitute restrictive trade practice in the context of facts.(Para 21) (B) Monopolies and Restrictive Trade Practices Act (54 of 1969) , S.2(o)— Restrictive trade practice - Definition of - Is exhaustive and not inclusive - Considerations while determining whether a trade practice is restrictive, stated. ....