upon the Advertising Standards Council of India Code
(for short "ASCI Code"). The relevant portion of the ASCI Code is reproduced
hereinbelow ... order to
promote the supply of goods or services." ASCI Code defines advertising as a
paid-for communication, addressed to the Public
unlawful and biased conduct and
impugned provisions of the ASCI Code, which are ex-facie violative of the
Indian Contract Act, 1872 , fundamentally infirm ... voluntarily submitted itself to the guidelines, regulations and
the ASCI Code. Hence, the plaintiff is bound by the said provisions
including the impugned decision dated
purpose of the provisions irf
the Act, 1999 and the ASCI Code which lists the conditions
under which comparative advertising is permitted is to stimulate ... duty bound to interpret the
Act, 1999 and the CJ ASCI Code in a sense favourable to
comparative advertising while at the same time always
Standards of Conduct' as prescribed under the ASCI Code which
mandated that advertisements shall neither distort facts nor mislead the
consumer by means ... unfairness in this practice that may attract the clauses of the ASCI Code or
even Section
advertisements conform to the Code of self-regulation.
„The Code for self-regulation in Advertising‟ („The Code‟) of ASCI has
been drawn up by people ... part of
The Code but I am of the view that once The Code devised by a Self-
Regulatory Body as ASCI has been conferred
vigorous competition and
public enlightenment. In fact, Chapter IV of the ASCI Code, relied
upon by the plaintiffs, itself specifically deals with Comparative
Advertising ... relevant portion of the ASCI Code reads as under:-
"CHAPTER IV
To ensure that Advertisements observe fairness in competition such
that the Consumer
ASCI,
which is known as Consumer Complaints Council
(CCC) which receives and examines complaints
against advertisements vis-a-vis the ASCI Code. CCC
of ASCI ... contribution
made by not-for-profit ASCI and the improvement
brought about by ASCI through the ASCI Code in the
field of advertisement, Government
self-regulatory council
governed by its own self-regulation code called ASCI Code under which
mechanism is available to deal with complaints against advertisements ... member of the respondent organization and governed by the ASCI
Code, 2006. While laying stress on the self-regulatory mechanism under
the Code
Advertising Standards Council of India Code" ("ASCI Code"). It has
also framed "Consumer Complaints Council Rules" ("CCC Rules ... appellant, as per the regulatory mechanism contained in the ASCI
Code, the defendant (which in the present case is the appellant before
ASCI guidelines and as to how the
defendant has been advertising in hoardings, bill boards etc.
It is as under:
Media ASCI Code Defendant ... voice over under the remains for the
("VO"), then ASCI code, entire duration
disclaimer and remains of the VO.
should
