AIR 1995 SUPREME COURT 1881 ::1995 AIR SCW 2928 ::(1995) 2 ComLJ 17 ::(1995) 83 ComCas 228 ::1995 SCC (Supp) 2 498 ::1995 (2) SCC(Supp) 686 ::(1995) 1 SCR 947 (SC) ::1995 (3) SCR 639 ::(1995) 2 JT 261 (SC)

Supreme Court Of India

(From : M. R. T. P., New Delhi)*

Hon'ble Judge(s): A. M. Ahmadi, S. Mohan, N. P. Singh , JJJ

(A) Monopolies and Restrictive Trade Practices Act (54 of 1969) , S.33(1)— Trade restrictive practice -Deeming clause - Object, is to avoid restrictive trade practices beyond controversy - Agreement containing condition covered by clauses of S. 33(1) - Would be a deemed trade restrictive practice - Commission or Court, cannot test and examine such trade practices mentioned in clauses (a) to (1) of S. 33, in light of S. 2(0), of the Act. With the amendment of main part of sub-section (1) of Section 33, with a statutory fiction, the situation has changed. Clauses (a) to (1) of Section 33 (1), provide statutory illustrations of restrictive trade practices. The framers of the Act have now in clear and unambiguous words said that every agreement falling within one or more of the categories specified in clauses (a) to (1) of Section 33 (1), shall be deemed for the purposes of the said Act, to be an agreement relating to restrictive trade practices and shall be subject to registration in accordance with the provisions. Now it is no more open to the Commission or to this Court to test and examine any of the trade practices mentioned in clauses (a) to (1) of sub-section (1) of Section 33, in the light of Section 2(0), of the Act, for the purpose of recording a finding as to whether those types of trade practices shall be restrictive trade practices within the meaning....