Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | COTPA 2003 hookah bars Sale' and 'Service' Rules framed under the Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003:s. 6 r/w the Rules framed under the Act - Circular dated 04.07.2011 - Issued by Municipal Corporation - Adding conditions in General Conditions of licence issued u/s. 394 of Mumbai Municipal Corporation Act - Validity of the conditions - Held: s.6 of the Act lays down the condition prohibiting sale of cigarettes - Any condition which prohibits sale of cigarettes/tobacco products in the premises licenced by Municipal Corporation would amount to adding another exception, which is not permissible in law - The condition No.35(C) would be ultra vires the Act and the Rules framed thereunder - However, sub-clauses (D) and (E) of condition No. 35 are valid - Prohibition of smoking in Public Places Rules, 2008 - rr.4(3) and 3(1)(c) - Mumbai Municipal Corporation Act, 1888 - s.394.s.3(m) - 'Sale' - Definition of- Interpretation - Held: The definition being exhaustive, would not include 'service' within its ambit.s. 6 r/w the Rules framed under the Act - Notice dated 5th July, 2011 - Issued under s.44 of Tamil Nadu Public Health Act, 1939 - Preventing hotel/restaurant owner from providing tobacco to persons (not minors) and prohibiting Hookah Bars within a radius of 300 ft. of an educational institution- Validity· of - Held: The notice is ultra vires the Act and the Rules - Prohibition of Smoking in Public Places Rules, 2008 - Tamil Nadu Public Health Act, 1939 - s.44.s. 6 r/w the Rules framed under the Act - Order dated 14. 07.2011 - Issued u/s. 33 of Bombay Police Act r/w. s. 144 Cr.P.C - Prohibiting hookah bars - Validity of - Held: The word 'regulate' under the Police . Act would not include the power to prohibit - Power u/s. 144 Cr.P.C. is for passing temporary orders which cannot last beyond 2 months - Hence the order is not valid - Bombay Police Act, 1951 - s.33 - Code of Criminal Procedure, 1973 - s.144 - Prohibition of Smoking in Public Places Rules, 2008.Prohibition of Smoking in Public Places Rules, 2008 - rr. 3 and 4- Applicability of - Discussed. Equity - Applicability of - 'Equity follows the law' - If the law is clear, no notions of equity can substitute the same.Words and Phrases - 'Sale' and 'Service' - Meaning of, in the context of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2014 INSC 844 |
Petitioner | Narinder S. Chadha & Ors. |
Respondent | Municipal Corporation Of Greater Mumbai & Ors. |
SCR | [2014] 12 S.C.R. 817 |
Judgement Date | 2014-12-08 |
Case Number | 10836 |
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