WHIRLPOOL OF INDIA LTD. versus UNION OF INDIA AND ORS.
A refrigerator sold in packaged form is a 'packaged commodity' under SWM Act and Packaged Commodities Rules. Its inclusion in the Central Excise Notification is valid and MRP printing is required unless the notification is challenged on other grounds.
- Parties
- Appellant: Whirlpool of India Ltd.; Respondents: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 02 November 2007
- Procedural Posture
- Civil Appeal / Appeal From Final Judgment and Order of the High Court of Punjab & Haryana at Chandigarh
- Outcome
- Appeal dismissed
- Legal Topics
- Central Excise Act, Standards of Weights and Measures Act, Packaged Commodities Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Whirlpool of India Ltd.
Appellant
Union of India and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order of the High Court of Punjab & Haryana at Chandigarh
Legal Issues
- 1 Whether a refrigerator is a 'packaged commodity' under the SWM Act and Rules and thus required to declare MRP per the Central Excise Notification
Ratio Decidendi
A refrigerator sold in packaged form is a 'packaged commodity' under SWM Act and Packaged Commodities Rules. Its inclusion in the Central Excise Notification is valid and MRP printing is required unless the notification is challenged on other grounds.
Court Disposition
Appeal dismissed
Orders
- Judgment of the High Court confirmed
- Appeal dismissed with costs
Full Case Text
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