Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Marketing Discipline Guidelines |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Petroleum Act, 1934 (30 of 1934) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PETROLEUM ACT, 1934: s.20 read with Marketing Discipline Guidelines, 2005 - Dealership licence - Cancellation of - Held: Cancellation of dealership agreement is a serious matter and cannot be taken lightly - In the instant case, the Guidelines with regard to taking of samples, numbering them, and sending the same to Laboratory in the manner prescribed have not been followed by Inspecting Officer - Further, provision of s. 20 was also not complied with - High Court, after considering all the specific claims of contesting respondents, rightly interfered with the order of termination of dealership agreement/licence. E and quashed the same - . Appellants are directed to ·implement the directions given by High Court in impugned judgment - Marketing Discipline Guidelines, 2005 - Para 2.4.5.Respondent no. 1-firm, a licensed dealer of the appellant-BPCL, was engaged in selling petroleum products from its retail outlet. During an inspection conducted on 22.8.2005, samples of MS/ULP/SPEED and HSD were taken, sale of all the products was suspended and dispensing units and tanks were sealed. By order dated 18.1.2006, the Territorial Manager of the appellant terminated the dealership agreement/licence of the respondents with immediate effect The respondent-firm filed a writ petition before the High Court, which allowed the same, quashed the order dated 18.1.2006 and directed the appellant BPCL to restore the dealership. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 250 |
Petitioner | Bharat Petroleum Corporation Ltd. |
Respondent | M/s Jagannath & Co. & Ors. |
SCR | [2013] 2 S.C.R. 828 |
Judgement Date | 2013-04-12 |
Case Number | 3838-3839 |
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