A.B.B. Ltd v. The Assistant Controller, Weight and Measures Haryana & Anr.
Case at a glance
- Decided
- 24 Apr 2008
- Bench
- M M KUMAR, SABINA
Outcome
Disposed of
Petition stands disposed of in the above terms
Provisions considered
- Constitution of India art. 226
- Standards of Weights and Measures Act, 1976 ss. 39, 63
Judgment
Operative part
CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MRS. JUSTICE SABINA Present: Mr. Ratan K. Singh, Advocate, Ms. Vandana Malhotra, Advocate, Mr. Arun Kumar, Advocate, for the petitioner. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution seeks a declaration from this Court that provisions of Sections 39 and 63 of the Standards of Weights and Measures Act, 1976 (for brevity the ‘Act’) as well as provisions of Rules 35 and 39 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 are not applicable to the petitioner. A further prayer has been made for issuance a direction to the respondents to withdraw compounding notice dated 13.2.2008 [Annexure P-II (Colly)], issued under Section 73 of the Act and to refund the amount of penalty paid by the C.W.P. No. 6690 of 2008 2 petitioner under protest after the demand was raised by the respondents. Before filing the instant petition, the petitioner sent a representation dated 26.3.2008 (P-III) to the respondents, which is stated to be pending consideration as no reply has been received. Without going into the merits of the case, we deem it just and appropriate to direct the respondents to take cognizance of the representation dated 26.3.2008 (P-III) sent by the petitioner and decide the same within six weeks from the date of receipt of this order. It shall be appreciated if a speaking order is passed. Petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (SABINA) JUDGE April 24, 2008 Pkapoor
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition stands disposed of in the above terms
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Standards of Weights and Measures Act, 1976 — ss. 39, 63.
Which court decided this case, and when?
Punjab & Haryana High Court, on 24 Apr 2008. The bench was M M KUMAR, SABINA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.