VidhiSangh

Supreme Court of India · 12/12/2017

FEDERATION OF HOTEL AND RESTAURANT ASSOCIATIONS OF INDIA versus UNION OF INDIA AND ORS.

[2017] 12 S.C.R. 503 · 2017 INSC 1217

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Summary

The Court held that the weights-and-measures legislation and its replacement Legal Metrology Act did not prohibit hotels and restaurants from charging above printed MRP for mineral water supplied as part of composite service. The statutory sale definitions had not incorporated the constitutional deemed-sale extension for food and drink supplied with services.

Issues

  1. Whether mineral water supplied in hotel or restaurant service could be interdicted above MRP under the metrology enactments.
  2. Whether counsel’s concession prevented determination of the statutory jurisdiction question.

Provisions considered

Held

Result

Appeals allowed; Division Bench judgment and review order set aside. Relevant metrology enactments held inapplicable to interdict mineral-water supply above MRP in hotels and restaurants in the composite-service context.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 503.