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Thursday, July 26, 2018

"no totalizer seal" = respondent accordingly set up his petrol pump in the name and style of M/s Lakshmi Service Station at GST Road, Kooteripattu Town (Tamil Nadu) and started selling petroleum products of IOC. 8) On 01.08.2008, Deputy Inspector of Labour (Weights & Measures) carried out an inspection of the respondent's petrol pump. It was followed by another inspection carried out by the Sales Officer of the IOC on 02.08.2008. In these two inspections, it was noticed that “totalizer wires of L&T Line DU in petrol pump model serial No.1578 used at MS 2 pump was 3 found cut”. In other words, in these inspections, "no totalizer seal" was found in place. = whether the respondent's dealership should be restored or not and, if so, on what grounds. The IOC considered the case of the respondent and after taking into account all the facts and circumstances appearing in the respondent’s working, came to a conclusion that it was not possible for them to restore his dealership.- In our opinion, the writ Court (Single Judge) was, therefore, justified in dismissing the respondent's writ petition and upholding the rejection on the ground that the High Court cannot interfere in the administrative decision of IOC and nor it can substitute its decision by acting as an Appellate Court over such decision in exercise of writ jurisdiction. It is more so when such decision is based on reasons involving no arbitrariness of any nature therein which may call for any interference by the High Court.- In the light of what is discussed above, we are of the considered view that the reasoning and conclusion arrived at by the Single Judge is just and proper, whereas the reasoning and conclusion arrived at by the Division Bench is not proper and hence deserves to be set aside.

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      REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6748 OF 2018 [Arising out of SLP (C) No.331...

In the case in hand, the accused have not offered any explanation to rebut the presumption under Section 20 of the Act. On the other hand, from the evidence of PW-1 that accused No.1 demanded the bribe appears to be natural. The application for approval of revised plan was earlier rejected. When the complainant and his advocate met TDO and on whose direction PW-1 has paid the requisite fine amount, the file has to necessarily move. It was at that point of time accused No.1 demanded bribe amount from PW-1. While appreciating the evidence, the High Court should have given proper weight to the views of the trial court as to the credibility of all evidence of PWs 1 and 3. When the findings recorded by the trial court is based upon appreciation of evidence, the High Court was not right in reversing the judgment of the trial court

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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.895-896 OF 2018 (Arising out of SLP(Crl.) ...

Section 245 of the Code and prayed for their discharge. = The remedy of the appellants is to contest the complaint filed by respondent No. 2 on merits. = In our opinion, both the Courts below were justified in dismissing the appellants’ petition filed under Section 245 of the Code and the application filed under Section 482 of the Code. We also do not find any good ground to interfere in the impugned order. It is really unfortunate that the complaint filed in the year 2001 by respondent No. 2 (wife) is not yet decided on merits and has remained pending for such a long time on a technical plea.

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         NON­REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1955 OF 2009 Nayan Prasad ...

The respondents claiming to be the workmen of the appellants filed applications under Section 33­C(2) of the Industrial Disputes Act,1947 before the Labour Court No. 2, Bombay (for short, “the Labour Court”) against the appellants claiming overtime wages for the work claimed to have been done by them in discharge of their duties for the period 1986 to 1990.

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      REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5152 OF 2017 Currency Note Press & Anr...

writ of habeas corpus for production of his 2 minor daughter M (assumed name), who was about 3 years of age at the time of filing of the writ petition and for a direction for return of M to the jurisdiction of the competent Court in the United States of America in compliance with the order dated 13th January, 2017 passed by the Circuit Court of Cook County, Illinois, USA, came to be allowed.= A fortiori, dependant on the outcome of the proceedings, before the Family Court at New Delhi, the appellant may then be legally obliged to participate in the proceedings before the US Court and must take all measures to effectively defend herself in the said proceedings by engaging solicitors of her choice in the USA to espouse her cause before the Circuit Court of Cook County, Illinois, USA. In that event, the respondent No.2 shall bear the cost of litigation and expenses to be incurred by the appellant to pursue the proceedings before the Courts in the native country. In addition, the respondent No.2 will bear the air fares or purchase the tickets for the travel of the appellant and the minor child M to the USA and including their return journey for India, as may be required. The respondent No.2 shall also make all suitable arrangements for the comfortable stay of the appellant and her companions at an independent place of her choice, at a reasonable cost. Further, the respondent No.2 shall not initiate any coercive/penal action against the appellant and if any such proceeding initiated by him in that regard is pending, the same shall be withdrawn and not pursued before the concerned Court any further. That will be the condition precedent to facilitate the appellant to appear before the Courts in the USA to effectively defend herself on all matters relating to the matrimonial dispute and including custody and guardianship of the minor child. The appellant and respondent No.2 must ensure early disposal of the proceedings for grant of custody of the minor girl child to the appellant, instituted and pending before the Family Court at Patiala House, New Delhi. We, accordingly, set aside the impugned judgment and orders of the High Court and dispose of the writ petition in the aforementioned terms.

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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 635­640 OF 2018 Mrs. Kanika Goel      ...