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Gtc Industries Limited and Another Vs. Union of India and Others

Court : Mumbai

Reported in : 1987(11)ECC33; 1989(23)LC239(Bombay); 1986(25)ELT925(Bom)

..... it may be noted that the prices are marked on the packets of cigarettes as on the packets of several other commodities under the provisions of the standard of weights and measures act, 1976. it has been argued that if that if the retailers are selling the cigarettes at a price higher than the one which is ..... petitioner's products are sold. in paragraph 8 of the petition it has been specifically stated that under the rules made under the standard of weights and measures act, 1976, the rules being called the standard of weights and measures (packed commodities) rules, 1977, manufacturers who pack goods in package intended for retail sale are required to mention on ..... leviable. according to mr. setalwad, the explanation to sub-rule (3) of rule 8 restricts the meaning of 'form or method' to 'the basis, namely, valuation, weight, number, length, area, volume or other measure with reference to which the duty is leviable'. the respondents must now justify the fixation of the basis of exemption by .....

Sony India Ltd. Vs. Commissioner of Central Excise, Delhi

Court : Supreme Court of India

Reported in : 2004(94)ECC33; 2004(167)ELT385(SC); JT2004(Suppl1)SC567; 2004(5)SCALE560; (2004)5SCC751

..... that the whole object of removing the goods from their factory premises to their depots was with the purpose of getting over the payment of higher duty. the standards of weights and measures (packaged commodities) rules, 1977 specifically provides that every package shall bear thereon or on a label securely affixed thereto a definite, plain and conspicuous ..... it was mandatory for the appellant to print the maximum retail price on the package at time of clearance from the factory as per the requirement of standards of weights and measures act, 1976 and it was the sole consideration for sale. the tribunal also noticed that the appellant is only stock transferring their goods from ..... printing the retail sale price as it was mandatory for them to print the price once the goods are cleared in packed condition as per requirement of standards of weights and measures act, 1976. it was admitted that it was only stock transfer to the depots of the appellant from the factory gate and retail price .....

Raj Marketing Vs. State of Maharashtra,

Court : Mumbai

Reported in : AIR2007Bom76; 2007(3)ALLMR195; 2007(2)BomCR824; 2007(1)MhLj654

..... identify of the commodity contained in the package; and the total number of retail packages contained in such wholesale package or the net quantity in terms of standard units of weights, measures or number of commodity contained in wholesale package provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar ..... in a package showing the price as rs. 35/-. the printed price on the package shows mrp as rs. 30/-. rule 23 sub-rule (6) of the standards of weights and measures (packaged commodities) rules, 1977, hereinafter referred to as the rules, reads as under:(6) no retail dealer or other person shall obliterate, smudge or alter ..... the agarbatti packages as a specific notification has not been issued in respect of a packed commodity like agarbatti as required under section 2(3)(d) of the standards of weights and measures act, 1976, which hereinafter shall be referred to as the act.(2) in so far as the seizure of the wholesale packages of candyman, .....

K.V. Ramamurthi and ors. Vs. the Food Inspector, Thiruvannamalai Munic ...

Court : Chennai

Reported in : 1990CriLJ1426

..... the argument of the learned counsel for the petitioners that the provisions of the standards of weights and measures act, 1976 and the rules framed thereunder alone would govern the situation with regard to the packing of commodities. as such the petitioners ..... petitioners the learned government advocate is unable to repel. i am also of the view that, on a careful reading of the provisions of the standards of weights and measures act and the rules framed thereunder and the provisions of the prevention of food adulteration act and the rules framed thereunder the basis of ..... march 1984 even during the month of february, 1984 is very well protected by the provisions of the standards of weights and measures act, 1976, (hereinafter referred to as the act') and the rules framed thereunder viz., the standards of weights and measures (packaged commodities) rules, 1977. he would draw the attention of the court to section .....

itc Ltd. Vs. State Nct of Delhi and ors.

Court : Delhi

Reported in : 2008(102)DRJ637; 2009(243)ELT24(Del)

..... , 1973 (crpc) seeks the quashing of complaint no. 528 of 2004 pending in the court of the special metropolitan magistrate ('smm'), shahdara, delhi under section 33 of the standards weights and measures (enforcement) act, 1985 ('1985 act').2. the facts in brief are that an inspection was carried out on 4th december, 2003 in a shop m/s. ..... with the standards of weights and measures (packaged commodities) rules, 1977 ('1977 rules') was in fact a wholesale package which contained 10 retail packages of 20 cigarettes each. each of the retail ..... xxxxspl. mm7/7/2006.5. it is submitted by mr. sidharth luthra, learned senior counsel for the petitioner that in the first place the relevant statute is the standards of weights and measures act, 1976 ('1976 act') and not the 1985 act. he submits that the package which was found to be in contravention of the 1976 act read .....

Colfax Laboratories (India) Ltd. Vs. the Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 1997(4)BomCR263

..... in various states. 4. on 25th may, 1990, the ministry of food & civil supplies issued a notification bearing no. g.s.r. 511(e) under section 83 of the standards of weights & measures act, 1976. by reason of applicability of the said notification, the petitioners are required to print on the packages of the items marketed by the petitioners, the 'maximum retail .....

Wipro Limited Represented by Its Legal Manager Shri Vishal Mittal and ...

Court : Karnataka

..... affixed thereto a definite, plain and conspicuous declaration made in accordance with the provisions of the rule 6(c) would relate to the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package. the ..... it is being ultra vires of the provisions of section 39(4) and 83 of standard of weights and measures act, 1976.2. the matter arises in the following manner:1 the first petitioner is engaged in the manufacture of toilet and bathing soaps. according to them ..... orderajit j. gunjal, j.1. the petitioners in tins petition are seeking for declaration that rule 8(b) and 18 of the standard of weights and measures (packaged commodities) amendment rules 2006 is ultra vires of articles 14, 19(1)(g) and 21 of the constitution of india. they would also seek a declaration that .....

Union of India (Uoi) and Vs. Godrej-ge Appllences Ltd.,

Court : Kerala

Reported in : 2009(235)ELT435(Ker); 2008(3)KLT694

..... action whatsoever against the petitioner pursuant to or in implementation of any of the provisions of the standards of weights and measures act, 1976, the standards of weights and measures (packaged commodities) rules, 1977, and the standards of weights and measures (enforcement) act, 1985 in respect of the manufacture, sale, storage, packing and ..... that certain packets of computer paper manufactured by the petitioner and kept for sale did not bear the mandatory declarations as envisaged in the standards of weights and measures (packaged commodities) rules. the packages were seized. prosecution was initiated against the petitioner and others. the contention of the petitioner ..... to the existing production, distribution and consumption patterns of the country or region concerned. the various enactments such as the contract act, the standards of weights and measures act, the motor vehicles act, the monopolies and restrictive trade practices act, the food adulteration act etc. were found to be .....

Reebok India Company Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 162(2009)DLT475; 2009(242)ELT207(Del)

..... , packaging or selling of any commodity in packed form unless the package bears the label to identify the commodity in it, net quantity in terms of standards of weights and measures in the packaged commodity, adequate numbers of commodities in the package, unit sale price and the like. 15. similar view has been taken ..... declaration, made in the prescribed manner, of- (i) the identity of the commodity in the package; (ii) the net quantity, in terms of the standard unit of weight or measure, of the commodity in the package; (iii) where the commodity is packaged or sold by number, the accurate number of the commodity contained in the ..... 1. the petitioner, m/s. reebok india company has filed the present writ petition for declaration that the provisions of standards of weights and measures act, 1997 (hereinafter referred to as swm act, for short) and standards of weights and measures (packaged commodities) rules, 1977 (hereinafter referred to as swm rules, for short) are not applicable to .....

M/S. India Photographic Co. Ltd. Vs. H.D. Shourie

Court : Supreme Court of India

Reported in : AIR1999SC2453; 1994(4)ALLMR(SC)300; 1999(3)CTC9; JT1999(5)SC333; (1999)123PLR515; RLW1999(2)SC303; 1999(4)SCALE461; (1999)6SCC428; [1999]Supp1SCR9; 2000(1)LC169(SC)

..... government to make rules for carrying out the provisions of the said act. in exercise of the aforesaid powers, the central government made the 'the standards of weights and measures (packaged commodities ) rules 1977 (hereinafter called 'the rules'). chapter ii deals with the provisions applicable to packages intended for retail sale. rule ..... having regard to the existing production, distribution and consumption patterns of the country or region concerned. the various enactments such as the contract act, the standards of weights and measures act, the motor vehicles act , the monopolies and restricted trade practices act, food adulteration act etc. were found to be inadequate in ..... the consumers. it was contended that the price printed on the packages was mandatory under the provisions of the packaged commodities rules promulgated under the standards of weights and measures act, 1976. the appellant put all sorts of resistances in the disposal of the complaint. writ petitions were filed in the .....