<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2010 (9) TMI 215 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=113174</link>
    <description>A prima facie direction under section 26(1) of the Competition Act is a non-adjudicatory, preparatory step and is not appealable under section 53A because only orders expressly made appealable by statute can be challenged. Prior notice or hearing is not mandatory at that stage, though the Commission should record minimal reasons for its prima facie view. In suo motu matters the Commission is a necessary party, and in other appeals it is at least a proper party. Interim restraint under section 33 is confined to inquiry proceedings, requires a higher level of recorded satisfaction, and may be granted only in exceptional cases with prompt post-decisional hearing. The Act was also construed to justify time-bound procedural directions for expeditious enforcement.</description>
    <language>en-us</language>
    <pubDate>Thu, 09 Sep 2010 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 27 Aug 2025 12:33:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=150190" rel="self" type="application/rss+xml"/>
    <item>
      <title>2010 (9) TMI 215 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=113174</link>
      <description>A prima facie direction under section 26(1) of the Competition Act is a non-adjudicatory, preparatory step and is not appealable under section 53A because only orders expressly made appealable by statute can be challenged. Prior notice or hearing is not mandatory at that stage, though the Commission should record minimal reasons for its prima facie view. In suo motu matters the Commission is a necessary party, and in other appeals it is at least a proper party. Interim restraint under section 33 is confined to inquiry proceedings, requires a higher level of recorded satisfaction, and may be granted only in exceptional cases with prompt post-decisional hearing. The Act was also construed to justify time-bound procedural directions for expeditious enforcement.</description>
      <category>Case-Laws</category>
      <law>Law of Competition</law>
      <pubDate>Thu, 09 Sep 2010 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=113174</guid>
    </item>
  </channel>
</rss>