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1989 (8) TMI 347 - SC - Indian Laws

Issues involved: Appeal u/s 55 of the Monopolies & Restrictive Trade Practices Act against the Central Government's order granting permission to establish an undertaking for the manufacture of Ossein and Gelatine in Rajasthan.

Contentions:
1. Reasoned Order: Appellant argued the order lacked reasoning and violated natural justice.
2. Public Interest: Appellant claimed the grant to Modis would harm small-scale businesses.
3. Natural Justice: Objection raised due to different officers involved in the hearing and order passing.
4. Change in Raw Material: Modis changed raw material from bonemeal to crushed bones without informing the appellant.
5. Document Disclosure: Modis presented documents at the hearing not shared with the appellant.

Judgment Details:
- The order was detailed, addressing objections seriatim, considering economic advantages, and making a well-considered decision.
- Court rejected the argument of a bald or unreasoned order, emphasizing the need for good reasons in administrative decisions.
- On the issue of natural justice, no prejudice was found as all important objections were addressed, and full minutes were recorded.
- Delay in the order did not vitiate it, as no change in circumstances was shown.
- The change in raw material and document disclosure issues were deemed insignificant as no prejudice was caused to the appellant.
- Discussion on natural justice requirements where different officers are involved, but the court found no grounds to interfere with the decision.
- The court dismissed the appeal, stating that natural justice requirements were fulfilled, and no costs were awarded.

 

 

 

 

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