Back
Shree Shivam Corporation Through Its Sole Proprietor Mr. Prahlad Durlabhjibhai Joshi – Appellant
Versus
Competition Commission Of India – Respondent
JUDGMENT :
1. The present group of petitions are filed against the order of respondent Nos. 1 and 2 passed in Case No. 24/2019 initiating the investigating proceedings and other notices, issued thereof, and involves the provisions of Competition Act, 2002. All these petitions are tagged together and heard finally at admission stage.
2. Since common arguments has been adressed in relation to Special Civil Application No. 10933 of 2020, the said matter has been treated as lead matter and the facts have been taken from the said petition.
3. At the outset, it requires to be observed that the petitioners of Special Civil Application No.11152 of 2020, Special Civil Application No.9521 of 2020, Special Civil Application No. 9520 of 2020, Special Civil Application No. 9583 of 2020, Special Civil Application No. 10933 of 2020, Special Civil Application No. 11124 of 2020, Special Civil Application No. 11122 of 2020, Special Civil Application No. 11128 of 2020, Special Civil Application No. 11126 of 2020, Special Civil Application No. 11123 of 2020, Special Civil Application No. 11127 of 2020, Special Civil Application No. 11150 of 2020, Special Civil Application No. 11146 of 2020 and Special Ci
An error in the decision or determination itself may also be amenable to a writ of certiorari but it must be a manifest error apparent on the face of the proceedings, e.g. when it is based on clear i....
An order under Section 26(1) of the Competition Act is administrative, only initiating an investigation without affecting parties' rights.
The court established that a prima facie case of cartelisation can be inferred from parallel pricing among a limited number of suppliers, and that the CCI has the authority to initiate investigations....
The Competition Commission of India must establish a prima facie case before ordering an investigation; failure to do so renders its orders void.
The judgment establishes that the CCI must have a principled prima facie basis to initiate an investigation under the Competition Act, failing which such directives lack jurisdiction and can be quash....
High Courts should refrain from exercising writ jurisdiction under Article 226 to interfere with ongoing statutory inquiries at an intermediate stage. When a statute provides a comprehensive mechanis....
Section 19(1) of the Act would show that the Act originally provided for the “receipt of a complaint” from any person, consumer or their association, or trade association.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
