Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1989

Supreme Court of India · 1989-01-31

MOHAN MEAKINS BREWERIES LTD. DALIGANJLUCKNOW ETC. vs CONTROLLER OF WEIGHTS AND MEASURES,U.P. LUCKNOW & ORS.

Citation / case number
SC 1989/72605
Court
Supreme Court of India
Petitioner
MOHAN MEAKINS BREWERIES LTD. DALIGANJLUCKNOW ETC.
Respondent
CONTROLLER OF WEIGHTS AND MEASURES,U.P. LUCKNOW & ORS.
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court upheld the applicability of the U.P. Weights and Measures (Enforcement) Act, 1959 to manufacturers of liquor, stating that the definition of 'use in transaction for trade or commerce' under Section 2(jj) includes storage of liquor in vats as it relates to the assessment of excise duty based on volume. The Court clarified that even if storage alone does not constitute a transaction, it is covered under the Act due to its connection with trade assessments. The appeals by the liquor manufacturers were dismissed, affirming the validity of the notices issued for calibration of storage vats.

MOHAN MEAKINS BREWERIES LTD. DALIGANJLUCKNOW ETC. vs CONTROLLER OF WEIGHTS AND MEASURES,U.P. LUCKNOW & ORS. · Niyam