LEGAL METROLOGY
M. PIRAVI PERUMAL
(Querist) 05 February 2009
This query is : Resolved
Can any of our members provide me the full text of the Delhi High Court Judgement permitting the restaurants and star hotels collecting in excess of the MRP.
PALNITKAR V.V.
(Expert) 05 February 2009
Please find the judgement. I believe it is the same.
2007 INDLAW DEL 150
[DELHI HIGH COURT]
(1) Federation of Hotels and Restaurants Association of
India and Others; (2) National Restaurant Association of
India
v
Union of India and Others
05 Mar 2007
BENCH
Vikramajit Sen
COMPARATIVE CITATIONS
2007 (139) DLT 7, 2007 INDLAW DEL 150
CASES REFERRED TO
I.T.C. Limited v Commissioner of Central Excise, New Delhi
2004 Indlaw SC 882
Mumbai Bidi Tambaku Vyapari Sangh and Others v Union of India
and Another 2002 Indlaw MUM 322
India Photographic Company Limited v H. D. Shourie 1999 Indlaw
SC 502
K. Damodarasamy Naidu and Bros. and Others v State of Tamil
Nadu and Another 1999 Indlaw SC 2006
Ms. T. T. Private Limited v Union of India, and Others 1990
Indlaw KAR 221
Northern India Caterers (India) Limited v Lt. Governor of
Delhi 1978 Indlaw SC 286
State of Punjab v Messrs Associated Hotels of India Limited
1972 Indlaw SC 80
ACTS REFERRED
Constitution Of India, 1950[art. 366]
Hotel Proprietors Act, 1956
Constitution (Forty-Sixth Amendment) Act, 1982
Standards Of Weights And Measures Act, 1976
Standards of Weights and Measures Act, 1956
Consumer Protection Act, 1986[s. 2(d)]
RULES REFERRED
Standards of Weights and Measures (Packaged Commodities)
Rules, 1977 [r. 23]
CASE NO
Wp(C) 6517/03 and Wp(C) Nos.14691-16927/05; Wp(C) No.9528/03
and Wp(C) Nos.13775-14072/2005
EDITOR'S NOTE
Standards of Weights and Measures Act, 1976, Packaged
Commodity Rules, r. 23(2) - Whether it is impermissible for
the Petitioners to charge their guests a price above the
maximum retail price mentioned on mineral-water packaged and
bottled by third parties - What is the nature of the
transaction and the intention of the parties when a hotelier
receives a guest in his hotel? Held, transaction is one of
service in the - Revenue not entitled to split up the
transaction into two parts, one of service and the other of
sale of food stuffs - service of customers in hotels and
restaurants does not violate any of the provisions of the Act
as this does not constitute a sale or transfer of these
commodities by the hotelier or Restaurateur to its customers -
r. 23(2), to regulate the supply of food-stuff and drinks in
hotels and restaurants, must be struck down - parameters of
delegated legislation - frontiers of rules cannot be wider
than those established by the statute or Act under which Rules
have been created - Petitions allowed.
KEYWORDS
Delegated Legislation, CONSUMER PROTECTION, Deeming
fiction, Consumer, Sales Tax, Constitution Of India,
1950, Consumer Protection Act, 1986, State Commission,
Dealers, Soft Drink, Delhi, Manufa
M. PIRAVI PERUMAL
(Querist) 05 February 2009
Thank you very much Sir for timely help. This was the judgement I was searching for.
