TOBACCO CONTROL LAWS

Concepts & More v. Palike

The Health Officer of the Greater Bangalore Municipal Council (Bruhath Bangalore Mahanagara Palike or “BBMP”) canceled the trade licenses of various restaurants and cafes serving hookah allegedly in violation of the license. The restaurants and cafes appealed this decision. The lower court ruled that the BBMP Commissioner did not have the authority to delegate his power to cancel trade licenses to the Health Officer. In this appeal, the court set aside the finding of the lower court and ruled that the Commissioner did have the authority to delegate his power to cancel the trade license to the Health Officer. Therefore, the court sent the case back to the lower court to be heard on the merits.

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Concepts and More v. Palike, W.A. Nos. 3339/2012, 3035/2012, 3340/2012, 3341/2012, 3342/2012, 3343/2012, 3344/2012, High Court of Karnataka at Bangalore (2013).

  • India
  • Feb 27, 2013
  • High Court of Karnataka at Bangalore
View Case History

Parties

Plaintiff

  • Concepts and More
  • Kaipiroshka
  • Mahtani Enterprises
  • Mahtani Ventures
  • Mohteshim Shadab
  • One World Impex Pvt Ltd
  • Sri Prem Kumar V

Defendant

  • Bruhath Bengaluru Mahanagara Palike
  • Health Officer (South), Bruhath Bengaluru Mahanagara Palike

Legislation Cited

Karnataka Municipal Corporations Act, 1976

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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