9911796707
TMI Blog1998 (11) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... in the impugned direction of the Commis-sion or in the order under challenge to effectively carry out its obligations. The Commission cannot incorporate such direction in its final cease and desist orders. - CIVIL APPEAL NO. 5517 OF 1998 - - - Dated:- 6-11-1998 - S.P. BHARUCHA, K. VENKATASWAMY AND A.P. MISRA, JJ. A.M. Setalvad, Gaurav Joshi, Marco Wadia, Mahesh Agarwal and E.C. Agrawala for the Appellant. K.N. Rawal, Ashok K. Srivastava and P. Parmeswaran for the Respondent. JUDGMENT Bharucha, J. - Leave granted. 2. The appellant manufactures water purifiers. It issued advertisements stating that these water purifiers provided 100 per cent safe drinking water instantly and that the water stayed bacteria-f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Petitioner-manufacturer shall be at liberty to publish the said advertisement." 4. The appellant is in appeal by special leave. It is submitted by the learned counsel for the appellant that section 36B, as it read at the relevant time, clearly conferred no power on the Commission to issue the impugned direction. Even the amended section 36B, which really had no application to the particular case, did not confer on the Commission the power to give such direction. Emphasis was laid on the fact that the direction, whether as issued by the Commission or as amended by the High Court, would operate for all time to come. It was also submitted that the Commission had ample powers to deal with any infraction of its cease and desist orders. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trade practice. (3) No order shall be made under sub-section (1) in respect of any trade practice which is expressly authorised by any law for the time being in force." This is the provision which ruled at the relevant time. There is, very clearly, no empowerment of the Commission thereunder to issue a direction of the kind which is impugned. The amended provision, upon which the High Court rested its order reads thus: "( c )any information, statement or advertisement relating to such unfair trade practice, shall be disclosed, issued or published, as the case may be, in such manner as may be specified in the order." The amended provision cannot be so read as enabling the Commission to require all advertisements that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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