Narinder S. Chadha & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

The governments in Mumbai, Madras, and Gujarat prohibited the sale and use of hookah at restaurants through the process of issuing licenses. Hookah restaurants challenged court decisions in these regions allowing the government orders to be implemented. In this decision, the court found that the local government orders were beyond the scope of the Cigarette and Other Tobacco Products Act (COTPA) and Smoke-free Rules. The court ruled that because the law currently allows smoking areas in hotels, restaurants, and airports, prohibiting the sale of tobacco products or other services designed to facilitate smoking in these areas would exceed the scope of the law. The court set aside the judgments in Mumbai, Madras, and Gujarat that had allowed the local government orders prohibiting restaurants from selling or offering hookah products. 

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Narinder S. Chadha & Ors. v. Municipal Corporation of Greater Mumbai & Ors., Civil Appeal No. 10836 of 2014, Supreme Court of India (2014)

  • India
  • Dec 8, 2014
  • Supreme Court of India

Parties

Plaintiff Narinder S. Chadha

Defendant Municipal Corporation of Greater Mumbai

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product