Supreme Court of India

State of Maharashtra and Ors. v. Subhash Arjundas Kataria

Neutral citation
Bench P. Sathasivam and H.L. Gokhale JJ.
Decided 26 August 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that they come in a packaged form, before they are sold to the consumer by removing them from the box, the value does not alter nor does the product undergo a perceptive modification and as such the provisions, particularly, under Section 2(b) of the Act C are not applicable.

Judgment, page 9

From the headnote

Standards of Weights and Measures Act, 1976 - s.2(b) - "Commodity in packaged form" - "Pre-packed commodity" - In *Whirlpool case, it was held that refrigerator is covered under the term "pre-packed commodity - Placing reliance upon the *Whirlpool case, the appellant-State contended that the products in question (i.e. sun glasses, watches, fixed wireless phones, electrical goods, home appliances, consumer electronics and Microwave Oven) could also be considered as "pre-packed commodity" within the meaning of the Act and the Rules - Respondent however disputed the applicability of the…

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