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Standards of Weights and Measures Act, 1976

13 judgments · newest first · showing 1–13

FEDERATION OF HOTEL AND RESTAURANT ASSOCIATIONS OF INDIAversusUNION OF INDIA AND ORS.

2017 INSC 1217Appeal(s) allowed

The Federation of Hotel and Restaurant Associations of India challenged the applicability of the Standards of Weights and Measures Act, 1976, its 1985 Enforcement Act and the Legal Metrology Act, 2009 to the sale of packaged water bottles served in hotels and restaurants at prices above the printed …

STATE OF MAHARASHTRA AND ORS.versusSUBHASH ARJUNDAS KATARIA

2011 INSC 615Matter referred to larger bench

The State of Maharashtra appealed against a Bombay High Court order that quashed a seizure of sunglasses on the ground that they were not a "pre‑packed commodity" under the Standards of Weights and Measures Act, 1976. The issue was whether sunglasses (and similar items such as watches, phones, …

THE STATE OF MAHARASHTRA AND ORS.versusRAJ MARKETING & ANR.

2011 INSC 616Dismissed

The State of Maharashtra seized several packaged food items from the respondent's godown alleging that the outer packs, which the authorities treated as wholesale packages, lacked the mandatory declarations required under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The …

SUBHANKAR BISWASversusSANDEEP META

2011 INSC 283Appeal(s) allowed

A complaint under Section 19 of the Standards of Weights and Measures Act, 1976 alleged violations of Rules 2, 4, 6, 8, 9 and 23 of the Packaged Commodities Rules, but failed to identify the individual(s) responsible for the day‑to‑day affairs of the company. The appellant, then Deputy General …

WHIRLPOOL OF INDIA LTD.versusUNION OF INDIA AND ORS.

2007 INSC 1121Dismissed

Whirlpool of India Ltd, a refrigerator manufacturer, challenged Notification No. 9 of 2000 issued under Section 4A of the Central Excise Act, which required the maximum retail price (MRP) to be printed on the package of goods. The company argued that a refrigerator is not a “packaged commodity” …

JAYANTI FOOD PROCESSING (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, RAJASTHAN

2007 INSC 854Disposed off

The Supreme Court examined the scope of Sections 4 and 4A of the Central Excise Act, 1944 in relation to the Standards of Weights and Measures Act, 1976 and its Packaged Commodities Rules. It held that Section 4A applies only when five conditions are satisfied: the goods are excisable, sold in …

STATE OF RAJASTHAN AND ANR.versusRAJASTHAN CHEMIST ASSOCIATION

2006 INSC 462Dismissed

The Supreme Court examined the constitutional validity of Section 4A of the Rajasthan Sales Tax Act, 1994, which levied tax on the first point sale of drugs, medicines and formulations by wholesalers to retailers based on the Maximum Retail Price (MRP) printed on the package rather than the actual …

M/S. I.T.C. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NEW DELHI AND ANR.

2004 INSC 512

ITC Ltd, a cigarette manufacturer, printed the maximum retail price (MRP) on its packs as required by the Standards of Weights and Measures Act and the Packaged Commodities Rules. The Revenue alleged that the printed MRP was false, that ITC under‑priced its cigarettes to evade excise duty, and …

M/S. SONY INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI

2004 INSC 340Dismissed

Sony India Ltd, a colour‑television manufacturer, cleared packed TVs from its factory without printing the maximum retail price, affixing the price later at its depots and offering free gifts to buyers. The Central Excise authority demanded duty at the 18% ad valorem rate (based on the printed …

M/S INDIA PHOTOGRAPHIC CO. LTD.versusH.D. SHOURIE

1999 INSC 300Dismissed

The respondent filed a consumer complaint alleging that India Photographic Co. Ltd., a distributor of Kodak film rolls, sold the rolls without printing the sale price on each package, contrary to Rule 6(1)(t) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The District …