Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 r!w. Standards {~l Weights and Measures (Enforcement) Act 1985 - Legal Metrology Act 2009 Weights and Measures - Standards of Weights and Measures Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Weights and Measures - Standards of Weights and MeasuresAct, 1976 r!w. Standards {~l Weights and Measures (Enforcement)Act, 1985 - Legal Metrology Act, 2009 - Definition of "Sale"- Ifapplicable to sen•ices rendered in lappellant-Association for clu11:1?ing higlzer than tlze printed MaximumRetail Price ( MRP) for supply of packaged water bottles duringservices provided to their customer.1· in hotels and restaurants - Inthe writ petition flied by appellant, Single Judge of High Courtheld that changing prices jiw mineral water in excess of MRP to thecustomer.1· in hotels and restaurants does not violate the provisional·of the SWM Act - Leite rs Patent Appeals ( LPA) - Di Pis ion Benchdisposed of the appeals holding that the judgement of Single Judgeshall not come in the way of tlze respondent in enforcing theprovisions of the 2009 Act, even if identical or similar to the oldAct, and it was leji to be adjudicated in the proceedings initiatedunder the 2009 Act whether hotels/restaurant are entitled to do soor not - Held: Position qua "sale" remains exactly the same in the2009 Act as that i11 the 1976 Act, which 11ow stands repealed -When "sale" of food and drinks takes place in hotels andrestaurants, there is one indivisible contract of service coupledincidentally with sale of food and drinks - Single Judge of HighCourt was correct in holding that composite indivisible agreementsfor supply of services a11d food and drinks in the hotels/restaurantswould not come within the purview of either the 1976 Act or the2009 Act - Neither the 1976 Act rlw the 1985 Act, nor the 2009 Act,would apply .1·0 as to interdict the .rnle of ll'ater in hotelsand restaurants at prices abm•e the MRP - Judgement of DivisionBench of High Court set aside - Standard.1· of Weights and Measures(Packaged Commodities) Rules, 1977 - The Legal Petrology Packaged Commodities) Rules, 20/l - r.3, Explanation (i) -Constitllltion (Forty-sixth Amendment) Act - Art. 366(29-A) (j).Legal Metrology Act, 2009 - Statement of Object and Reasons- Discussed.Standards a/Weights and Measures Act, 1976 - Statement ofObject and Reasons - Discussed. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1217 |
Petitioner | Federation Of Hotel And Restaurant Associations Of India |
Respondent | Union Of India And Ors. |
SCR | [2017] 12 S.C.R. 503 |
Judgement Date | 2017-12-12 |
Case Number | 21790 |
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