Legal Case Summary

Case Details
Case ID 38ef0b48-7e4f-4f06-aafb-ad304681f9ce
Body View case body.
Case Number W.P. No. 708 of 2004
Decision Date Mar 17, 2004
Hearing Date Mar 17, 2004
Decision The writ petition was dismissed as the petitioner failed to provide the requisite information to the respondent commission under the relevant rules. The court found that the respondent had the authority to call for information under Section 21 of the Ordinance and that the rules framed under Section 24 were valid and necessary for enforcement. The petitioner was penalized for non-compliance, and despite arguments regarding improper notice, the court upheld the previous findings of the respondent authority.
Summary This case revolves around the compliance of Kohat Cement Company Ltd. with the requirements set by the Monopoly Control Authority under the Monopoly & Restrictive Trade Practices Ordinance, 1970. The petitioner contended that they had not received proper notice of the proceedings against them, which led to penalties imposed for non-compliance. The Lahore High Court, however, upheld the authority's actions, stating that the commission had the right to demand information as per the Ordinance. The court emphasized the importance of compliance with regulatory requirements in maintaining fair trade practices. The decision highlights the legal obligations of corporations under trade regulations and the enforcement powers of regulatory bodies. The ruling reinforces the necessity for companies to adhere to information requests from authorities to avoid legal and financial repercussions.
Court Lahore High Court, Rawalpindi Bench
Entities Involved Kohat Cement Company Ltd., Monopoly Control Authority Govt. of Pakistan
Judges maulvi anwarul HAQ, J.
Lawyers Mr. M. Saleem Sahgal
Petitioners KOHAT CEMENT COMPANY LTD. through its CHIEF EXECUTIVE
Respondents MONOPOLY CONTROL AUTHORITY GOVT. OF PAKISTAN, ISLAMABAD
Citations 2004 SLD 3460, 2004 PLJ 1014
Other Citations Not available
Laws Involved Monopoly & Restrictive Trade Practices (Control and Prevention) Ordinance, 1970
Sections 21, 25, 19(l)(a)