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    <title>1997 (5) TMI 446 - Supreme Court</title>
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    <description>A prize scheme used to promote detergent sales was analysed under the definition of unfair trade practice in Section 36A(3)(a) of the Monopolies and Restrictive Trade Practices Act, 1969. The text explains that a promotional practice alone is insufficient; there must also be cogent material showing consumer injury, or a likely effect on competition or consumers within the statutory scheme. It further notes that a cease and desist order with penal consequences cannot rest on a bare complaint or on an assumption that prize costs were built into product price without supporting evidence. The finding under Section 36A(3)(a) was set aside and the matter remitted for fresh evidence.</description>
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      <title>1997 (5) TMI 446 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=287726</link>
      <description>A prize scheme used to promote detergent sales was analysed under the definition of unfair trade practice in Section 36A(3)(a) of the Monopolies and Restrictive Trade Practices Act, 1969. The text explains that a promotional practice alone is insufficient; there must also be cogent material showing consumer injury, or a likely effect on competition or consumers within the statutory scheme. It further notes that a cease and desist order with penal consequences cannot rest on a bare complaint or on an assumption that prize costs were built into product price without supporting evidence. The finding under Section 36A(3)(a) was set aside and the matter remitted for fresh evidence.</description>
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