sell such commodity to any consumer but
distributes or sells such commodity through one or more intermediaries;
(r)"wholesale package" means a package ... packaged commodity" under Rule 6 ibid.
The phrase, pre-packed commodity has also been defined to mean a
commodity which without the purchaser being
clauses (r) (s) (t) to define what a pre-packed
commodity means. The following are the relevant clauses:
"83. (1) The Central Government ... Rules, 1977 defines "pre-packed commodity" which is
as follows:
"...pre-packed commodity means a commodity
which without the purchaser being present
specified quantity of a commodity;
(q) "wholesale dealer" in relation to any commodity in
packaged form means a dealer who does not directly ... commodities) Rules, 1976
stipulates that all pre-packaged commodities imported
into India shall carry the declaration of Retail sale price.
Pre-packaged commodity means
Rules, which reads thus:
“(q) “retail sale” in relation to a
commodity, means the sale, distribution
or delivery of such commodity through
retail sales agencies ... pieces, of
similar, but not identical (whether in
quantity or size), commodities;
Explanation.- Commodities which are
generally the same but differ in weight,
Civil Appeal
Section 2(1) of the said Rules in relation to a
commodity, to mean the sale, distribution or delivery of such
commodity, through Retail Sales ... defined in Section 2(1) of the said Act
to mean a commodity, which, without the purchaser being
present, is placed in a package
essential commodity are received and includes place or
places where the dealer stores any essential commodity;
...
(g) "retailer" means a person who sells ... commodity to a
consumer;
...
(h) "wholesaler" means a person who sells any essential commodity to any
other dealer or to a bulk consumer
products comes
under the "essential commodity" and the matter relating
to regulation of industries and essential commodities
comes under Group-VIII ... Section 2A of the Essential Commodities Act,
1955 provides for the purposes of this Act, "essential
commodity" means a commodity specified
institutional consumer" means ...........;
(ii) "industrial consumer" means the industrial consumer
who buy packaged commodities directly from the
manufacturer/packers for using ... institutional consumer" means ...........;
(ii) "industrial consumer" means the industrial
consumer who buy packaged commodities
directly from the manufacturer for use by that
from time to time.
2. Discrimination and contradictions.
3. 2(a) commodity means live-stock, products of live-stock origin, live-stock
genetic material, biological
room. The Act defines the word
'luxury' to mean a commodity or service that
ministers comfort or pleasure. The facilities that are
provided ... supra) has been declared by the Hon'ble Supreme
Court to mean an activity of indulgence or enjoyment
in that which is costly