SC
upholds Single Judge bench view of HC, provisions of Standards of Weights and
Measures Act, 1976 (SWM Act, 1976), Standards of Weights and Measures
(Enforcement) Act, 1985 (SWM Act, 1985) and Legal Metrology Act, 2009
(LMA, 2009) inapplicable to 'mineral water' sale in hotels and restaurants at
prices above MRP; Notes HC’s Division Bench observation that Single Judge Bench
judgment to the effect that charging prices in excess of printed MRP does not
violate provisions of SWM Act, shall not be enforceable in respect of
provisions of LMA, 2009 and same needs to be adjudicated in de-novo proceedings
under the new Act; Elucidates that, object of LMA, 2009 is only to do away with
1976 and 1985 Acts and combine provisions into one enactment to make the law
simple and bring in transparency, moreover, despite changes made by
46thConstitutional amendment introducing Article 366(29A), position qua ‘sale’
in LMA 2009 / Rules remains exactly the same; Remarks, definition of “sale”
contained in both Acts demonstrates that composite indivisible agreements for
supply of services and food and drinks would not come within the purview of
either enactment since the object is something quite different; SC also rejects
Revenue’s reliance on definition of ‘institutional consumer’ contained in Rules
and contention that hotels would be under the coverage of LMA, 2009 : SC
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