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People's Union of Civil Liberties (PUCL) Vs. Union of India (UOi) and ...
Supreme Court of India
Dec-18-1996
ConstitutionMiscellaneous
Constitution of India - Articles 12, 19(1), 21, 32 and 51; Telegraph Act, 1885 - Sections 5(2) and 7; Madhya Pradesh Police Regulations - Regulations 236, 855 and 856; International Covenant on Civil and Political Rights, 1966; Universal Declaration of Human Rights, 1948
AIR1997SC568; JT1997(1)SC288; 1996(9)SCALE318; (1997)1SCC301; [1996]Supp10SCR321; 1997(1)LC187(SC)
tapping in the recent past. The petitioner has challenged the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885 (the Act), in the alternative it is contended that the said provisions be suitably read-down to include procedural … man's house is his castle' and in Semayne's case (1604) 5 Coke 91, where this was applied, it was stated that 'the house of everyone … in the alternative it is contended that the said provisions be suitably read-down to include procedural safeguards to rule out arbitrariness and to prevent the indiscriminate telephone-tapping.3. The writ petition was filed in the wake of the
Tag this Judgment! AI Brief & AskT.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...
Chennai
Nov-29-2013
Land Acquisition
of electricity, confer upon the 'Licensee' any of the powers which the Telegraph Authority possesses under the Indian Telegraph Act, 1885.10. The 3rd respondent has further submitted that the Government of India, in exercise of powers conferred by Section … high tension towers cannot be put up.29. A decision of Sethuraman,J., in 91 L.W.558 was also brought to my notice wherein the learned Judge has … as in the case on hand.21. The 3rd respondent has further submitted that as per Sub-Rule (4) of Rule 3 of the said Rules, ".nothing contained in Rule 3 shall affect the powers conferred upon any Licensee
Tag this Judgment! AI Brief & AskT.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,
Chennai
Jan-28-2008
Property
Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188
(2008)2MLJ703
185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under the Indian Telegraph Act, 1885, with regard to laying of lines and erecting poles. The said power has already been conferred on the … tension towers cannot be put up.29. A decision of Sethuraman, J., in 91 L.W. 558 was also brought to my notice wherein the learned Judge … Board. By virtue of the powers under Section 67(2) of the Electricity Act, 2003, the Government has framed Rules called, 'The Works of Licensees Rules, 2006'. These Rules relate to the works of licensees pertaining to the
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Kochumariam and anr. Vs. Kerala State Electricity Board, Trivandrum an ...
Kerala
Aug-08-1986
ElectricityConstitution
Constitution of India - Article 226; Telegraph Act, 1885 - Sections 16; Electricity Act, 1910 - Sections 51; Electricity Rules, 1956 - Rules 79 and 91
AIR1987Ker136
as to costs. Electricity - new electricity connection - Article 226 of Constitution of India, Section 16 of Telegraph Act, 1885, Section 51 of Electricity Act, 1910 and Rules 79 and 91 of Electricity Rules, 1956 - respondent applied … -- (i) Sections 10 and 16 of the Telegraph Act, Section 51 of the Indian Electricity Act and Rules 79 and 91 of the Indian Electricity Rules are all unconstitutional and invalid, and the exercise of power
Tag this Judgment! AI Brief & AskJustice k.s.puttaswamy(retd) Vs. Union of India
Supreme Court of India
Aug-24-2017
Land Acquisition
M Malkani v State of Maharashtra58. In that case, this Court held that Section 25 of the Indian Telegraph Act, 1885 was not violated because :“Where a person talking on the telephone allows another person to record it or … “every man's house is his castle” and in Semayne case [5 Coke 91 :1. Sm LC (13th Edn) 104 at p. 105]. where this was … interception which weighed with the Court, the telephone tapping being directed at a guilty person. Hence the Court ruled that the telephone conversation of an innocent citizen will be protected against wrongful interference by wiretapping. 48 In
Tag this Judgment! AI Brief & AskM/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...
Karnataka
Feb-25-2011
Service Tax
granted by the Department of Telecommunication, Government of India, Ministry of Telecommunications under Section 4 of the Indian Telegraph Act, 1885. 13. The petitioner is a registered dealer under the provisions of the Karnataka Sales Tax Act, 1957 (for … of them are completely ignorant of the existence of the light energy. 91. In BSNL case, the Supreme Court has held as under: 63. It … the State to levy Sales Tax/VAT on telecommunication service, interpretation of constitutional and statutory provisions and upholding the rule of law. Therefore, they are taken up for consideration together and disposed off by this common order. 2.
Tag this Judgment! AI Brief & AskK.A.S. Senthilnathan Vs. Union of India and Others
Chennai
Jan-28-1997
Constitution
Telegraph Act, 1885 - Sections 4(1) and 7(4); Constitution of India - Articles 14, 19(1), 226 and 299; Evidence Act, 1872 - Sections 28 and 115; Indian Telegraph Rules
AIR1997Mad208
will be no order as to costs.43. Petitions dismissed. Constitution - commission - Sections 4 and 7 of Telegraph Act, 1885, Articles 14, 19, 226 and 299 of Constitution of India, Sections 28 and 115 of Indian Evidence Act, … follows: 1. The party of the second part hereby confirm that it/he/they has/have gone through the Indian Telegraph Rules and agree(s) to abide by the rules in respect of Public Call Office (STD/ISD). 2. to 7. ....
Tag this Judgment! AI Brief & AskAdoni Std Pt Operators Welfare Association and Others Vs. Union of Ind ...
Andhra Pradesh
Dec-07-2000
Commercial
Indian Telegraph Act, 1888 - Sections 4(2); Constitution of India - Articles 14, 19(1), 21 and 46; Indian Telegraphs Act, 1885 - Sections 4(1)
2001(1)ALD274; 2001(1)ALT292
this Court on 7-2-2000 shall stand vacated. Civil - right to challenge - Section 4 (2) of Indian Telegraph Act, 1885 and Articles 14, 19 (1) (g) and 21 of Constitution of India - petitioners established STD booth according … said objectives, the above policy was evolved for allotting STD PCOs as a measure of self employment. No rules have been framed in exercise of the powers conferred under Section 4(1) of the Indian Telegraphs Act, 1885.
Tag this Judgment! AI Brief & AskRci Power Limited Vs. Union of India (Uoi) and ors.
Andhra Pradesh
Apr-18-2003
Electricity
Constitution of India - Article 226; Andhra Pradesh Electricity Reforms Act, 1998 - Sections 11, 11(1), 12, 12(3), 15(4), 26, 26(5), 54(2), 56(2) and 56(3); Electricity Regulatory Commission Act, 1998 - Sections 22, 22(1) and 29; Transfer Scheme Rules
AIR2004AP60; 2003(3)ALD762
a non-obstante clause, which provides that the functions are to be exercised Notwithstanding anything contained in the Indian Telegraph Act, 1885' (13 of 1885), the functions of the Authority shall be to ........... By virtue of the non-obstante clause … Lord Russel of Killowen, C.J. in Kruse v. Johnson (1898) 2 QB 91, 99.48. The doctrine of judicial review implies that the repository of power … para 8 this scheme shall operate within the framework of the Indian Electricity (Supply) Act, 1948 and the Rules made thereunder.37. As per para 10, the State Electricity Board was authorised to identify the tail end areas
Tag this Judgment! AI Brief & AskS. Kanyalal Vs. Union of India and Others
Andhra Pradesh
Mar-23-1989
ConstitutionArbitration
Telegraph Act, 1885 - Sections 5 and 7-B; Constitution of India - Article 226; Arbitration Act, 1940 - Sections 30, 34 and 43; Co-operative Societies Act, 1912; Arbitration Act, 1950 - Sections 24
AIR1990AP1
(Administration) and who has been appointed for conducting arbitration proceedings in these two cases.3. Section 7-B of the Telegraph Act 1885 deals with arbitration of disputes including those arising between a person having a telephone and the department in … principles of. natural justice could be applied in the case of such an arbitrator appointed under a statutory rule was raised but not decided. After referring to the decision of the Supreme Court in Gullapalli Nageswara Rao
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