Saturday, January 31, 2015

Prima facie case means an arguable case which needs an enquiry and does not mean a full proof case

Competition Law : Prima facie case means an arguable case which needs an enquiry and does not mean a full proof case and same cannot be interfered with in exercise of writ jurisdiction
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[2015] 53 taxmann.com 363 (Karnataka)
HIGH COURT OF KARNATAKA
Karnataka Film Chamber of Commerce
v.
Kannada Grahakara Koota
A.N. VENUGOPALA GOWDA, J.
WRIT PETITION NO. 19000 OF 2013 (GM-RES)
NOVEMBER  20, 2014
Section 26, read with section 19, of the Competition Act, 2002 - Procedure for inquiry under section 19 - Whether prima facie case means an arguable case which needs an enquiry and does not mean a full proof case - Held, yes - Whether prima facie case can be interfered with in exercise of writ jurisdiction, only on ground that finding is perverse or based on no materials - Held, yes - Whether since order directing investigation is made with reference to certain aspects and once report of investigation is received matter is proceeded in accordance with sub-sections (4) to (8) of section 26, order cannot be said to be perverse or arbitrary to warrant interference under article 226 of Constitution - Held, yes [Paras 12 and 13]
Words and Phrases : Word 'prima facie' as appearing in section 26(1) of Competition Act, 2002

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