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Ravi Shankar Srivastava Vs. State of Raj. and ors.

Court : Rajasthan

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 2, 7, 7(1), 8, 13(1), 13(1)(2), 13(2) and 482; Indian Penal Code (IPC) - 120B; Judges Protection Act, 1985 - Sections 3, 3(1) and 3(2); Central Vigilance Commission Act, 2003; Delhi Special Police Establishment Act, 1946 - Sections 6, 6A and 26; Indian Telegraph Act, 1885 - Sections 5, 5(1), 5(2), 23, 24 and 25; Information Technology Act - Sections 65(1)(4) and 92; Companies Act, 1956 - Sections 617; All India Services Act, 1951 - Sections 2, 5 and 6; All India Services (Discipline and Appeal) Rules, 1969 - Rules 2, 3 and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 155(2), 157, 162, 173, 173(2), 197 and 197(1); Rajasthan Land Revenue Industrial Area Allotment Rules - Rule 13(1); Indian Telegraph Rules, 1951 - Rule 419A; Consti

Reported in : RLW2005(3)Raj1736; 2005(2)WLC612

petitioner further submits that the tapping of the telephone is also contrary to the provisions of the Indian Telegraph Act, 1885. More particularly he referred Section 5(2), which is reproduced as under:'On the occurrence of any public emergency, or … right under Article 21 of the Constitution.39. Mr. Hora further referred Section 92 of Information Technology Act and the conditions laid In Section 65(b)(1)(4).40. In … no abuse of position because the judgment rendered by the petitioner were absolutely correct and in conformity with Rule 13(1) of Rajasthan Land Revenue Industrial Area Allotment Rules (in FIR No. 110/04) as well as power of

Vivek Bharadwaj Vs. Vodafone Essar East Ltd. and Others

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Subject : MRTP

the Licensor, i.e. Director (AS-IV), DOT, New Delhi, the licensee shall be governed by the provisions of Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933 and Telecom Regulatory Authority of India Act, 1997. It is argued that as … of Section 7B of the Indian Telegraph Act read with Section 3 of the Consumer Protection Act and rules made thereunder. OP No. 4 has also submitted a separate objection as to the maintainability of the Complaint

Global Vectra Helicorp Vs. Directorate General of Civil Aviation and A ...

Court : Delhi

Subject : Land Acquisition

People’s Union for Civil Liberties (supra). In this case the Supreme Court was considering Section 5(2) of the Telegraph Act, 1885. This provision used two suppressions i.e. “public emergency” and „public safety”. The Supreme Court, in the aforesaid context, … a person. The principles of natural justice are however not a strait jacket formula. In the instant case, Rule 92 of the Aircraft Rules itself makes it clear that the ground handling services provider shall be subject to

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Subject : 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 … 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

M/S Indus Towers Limited, Rep by Sri P.Ramakanth, Deputy General Manag ...

Court : Andhra Pradesh

Subject : Service Tax

registered by the DOT and telecom service providers who are licensees under Section - 4 of the Indian Telegraph Act, 1885 are divesting themselves of the task of infrastructure provision. In para - 1.14 TRAI noted that telecom towers … the CST Act as well [also a Union legislation, traceable to Entry 92 A of List 1 (Union List)]. The Revenue additionally contends that the … The dealer claims that in view of provisions of Sections 8(1) and 8(3)(b) of the CST Act r/w Rule-13 of the CST (R and T) Rules 1957, it is entitled to purchase equipment for its business, in

theatre Mathi a/C, Represented by Its Licensee Vs. State of Tamil Nadu ...

Court : Chennai

Subject : CommercialConstitution

Reported in : (2001)1MLJ301

the Act.12. While construing the validity of Rule 441 of Telegraph Rules, 1885, the learned Judge of this Court, in the decision in Velur D. … to exclude matters from the purview of the Arbitrator under Section 7-B, contrary to the provisions of the Telegraph Act would be clearly ultra vires.The learned Judge in the abovesaid decision has further held as follows:14. Rule 441 … conferred under Section 3 of the Tamil Nadu Cinemas (Regulation) Act, 1955 (hereinafter called 'the Act'), amending the Rule 92 of the Tamil Nadu Cinemas (Regulation) Rules, 1957 (hereinafter called 'the Rules'), by substituting new Sub-rule to Rule

Videsh Sanchar Nigam Ltd. Vs. Joint Commissioner of Income Tax

Court : Mumbai

Subject : Direct Taxation

Reported in : (2001)69TTJ(Mumbai)882

'levy' was a form of tax or exaction while licence fee is paid to DOT under the Indian Telegraph Act, 1885 for services rendered by DOT by permitting the use of the communication network which was essential for the … be accepted because for the year under appeal, the difference, amount wise, between the two calculations, is Rs. 92 crores which is 'insignificant'. For other years also, the difference is only 'marginal'.The assessing officer also referred to

Videsh Sanchar Nigam Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Miscellaneous

Reported in : (2002)81ITD456(Mum.)

"levy" was a form of tax or exaction while licence fee is paid to DOT under the Indian Telegraph Act, 1885 for services rendered by DOT by permitting the use of the communication network which was essential for the … be accepted because for the year under appeal, the difference, amount wise, between the two calculations, is Rs. 92 crores which is "insignificant". For other years also, the difference is only "marginal".6. The AO also referred to

M/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...

Court : Karnataka

Subject : 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 … 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. … taxes levied and distributed between the Union and the States. Correspondingly, Entry 92C was inserted by the Constitution (Eighty-eighth Amendment) Act, 2003 in List I

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Subject : 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 … The Spirit of the Common Law, Marshall Jones Company (1921), at page 92 48 Roscoe Pound, “The Revival of Natural Law”, Notre Damne Lawyer (1942), … 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