Court : Delhi
..... for issue of a writ of certiorari for quashment of the public notice dated 23rd april, 2010 issued by the airports economic regulatory authority of india (for short, the authority') under the airports economic regulatory authority of india act, 2008 (for brevity, the 2008 act') on the foundation that such a determination could not have been made by the said authority without following the procedure postulated under section 13 of the act and that apart the concept of ad- hoc determination is not contemplated under the purview of the provisions of the ..... therefore, when the airports authority makes a lease of the premises of an airport (including buildings and structures thereon and appertaining thereto) in favour of a lessee to carry out some of its functions under section 12, the lessee, who has been assigned such functions, will have the powers of the airports authority under section 22 of the act to collect charges, fees or rent from the third parties for the different facilities and services provided to them in terms of ..... propriety of the aforesaid notice, learned senior counsel appearing for the petitioners in both the writ petitions have contended as follows:- (i) the passing of an ad-hoc order is not within the purview of the act, if the stipulations in section 13 of the 2008 act are studiedly scrutinized inasmuch as where certain guidelines have been incorporated for determination of the functions of the authority and the primary function is based on the development fee. .....
Tag this Judgment!Court : Supreme Court of India
..... the relevant provisions of the airports economic regulatory authority of india act, 2008 and the aircraft rules, 1937 are extracted below: section 13 of the airports economic regulatory authority of india act, 2008 sets out the functions of the authority, and inter alia, reads as follows: 13. ..... user development fee the licensee may, - 5 (i) levy and collect at a major airport the user development fee at such rate as may be determined under clause (b) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2008; (ii) levy and collect at any other airport the user development fees at such rate as the central government may specify. ..... provided that in respect of a major airport such rate shall be as determined under clause (c) of sub-section (1) of section 13 of the airports economic regulatory authority of india act, 2008. ..... , the airports economic regulatory authority of india. ..... it was argued that section 22a provided for the levy of df, but the rate at which the said levy was to be collected had not been prescribed by framing of a separate rule by the airports economic regulatory authority (aera) as amended by the 2008 act. .....
Tag this Judgment!Court : Delhi
..... however, we find, in a later parliamentary enactment, namely, the airports economic regulatory authority of india act, 2008, that section 13 deals with the functions of the airports economic regulatory authority, (which is an authority which has legislative and administrative functions). ..... transparency is defined, by sub-section (4), as follows:-"the airports economic regulatory authority of india act, 2008"13. ..... granted, there are provisions in laws such as the trai act and the airport economic regulatory authority of india act, 2008, which require transparency in the manner of regulatory decision-making. ..... the main contention on which vodafone based its claim was section 11 (4) of the trai act and the judgment of the supreme court in cellular operators association of india & others v telecom regulatory authority of india & others2016 (7) scc703(hereafter called cellular operators case ). ..... indisputably, consultation facet of transparency ( as held by the supreme court in cellular operators association of india & others v telecom regulatory authority of india & others), however the extent and the manner of such consultation depends on the function being performed. ..... reliance in this respect was placed on section 11(4) of the act, which reads: the authority exercising its powers and discharging its functions. .....
Tag this Judgment!Court : Supreme Court of India
..... , we find, in a later parliamentary enactment, namely, the airports economic regulatory authority of india act, 2008, that section 13 deals with the functions of the airports economic regulatory authority, (which is an authority which has legislative and administrative functions) ..... is defined, by sub-section (4), as follows:- the airports economic regulatory authority of india act, 2008 13 ..... the impugned regulation reads as under:- telecom consumers protection (ninth amendment) regulations, 2015 (9 of2015 no.301/2015-f&ea ----- in exercise of the powers conferred by section 36, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the telecom regulatory authority of india act, 1997 (24 of 1997), the telecom regulatory authority of india hereby makes the following regulations further to amend the telecom consumers protection regulations, 2012 (2 of 2012), namely:- (1) these regulations may be called the telecom consumers protection (ninth amendment) regulations, ..... and foremost, they argued that the ninth amendment to the telecom consumers protection regulations, 2015, is ultra vires section 36 read with section 11 of the telecom regulatory authority of india act, 1997. ..... aforesaid amendment was made purportedly in the exercise of powers conferred by section 36 read with section 11 of the telecom regulatory authority of india act, 1997. ..... power to make the impugned regulation is traceable to section 36(1) of the telecom regulatory authority of india act, 1997. .....
Tag this Judgment!Court : Delhi
..... , in a later parliamentary enactment, namely, the airports economic regulatory authority of india act, 2008, that section 13 deals with the functions of the airports economic regulatory authority, (which is an authority which has legislative and administrative functions). ..... by sub-section (4), as follows:-"the airports economic regulatory authority of india act, 2008"13. ..... functions of authority (1) notwithstanding anything contained the indian telegraph act, 1885, the functions of the authority shall to be in (a) xxxx xxxx xxxx (b) discharge the following functions, namely:-"(i) ensure compliance of terms and conditions of licence; the (ii) notwithstanding anything contained in the terms and the conditions of commencement of the telecom regulatory authority of india (amendment) act, 2000, the fix the terms and conditions of inter-connectivity between the service providers; licence granted before (iii) ensure technical compatibility and ..... in terms of the telecom regulatory authority of india act, 1997 (hereafter the act ), the trai is empowered to fix the terms and conditions of inter-connectivity including mobile termination ..... the unified licence, the petitioners are obliged to interconnect with other telecom service providers at point of interconnection (poi) subject to compliance of prevailing regulations and directions issued by telecom regulatory authority of india (trai). ..... section 11(4) of the act requires that the authority shall ensure its powers and discharging its functions .....
Tag this Judgment!Court : Delhi
..... ); other enactments such as airports economic regulatory authority of india, 2008; the electricity act, 2003 (section 79 and various sub-sections enabling determination of policy, the tariff, regulations of tariffs, facilitation of inter-state transmission of electricity, licensing etc; section 79(1) (f) adjudication of disputes between the licensees and generating companies and advisory functions under section 79(2) with respect for formation of national electricity policy, promotion of competition, efficiency and economy).45. mr. ..... . (d) airports regulation: the airports authority of india act and the airports economic regulatory authority act, 2008 105 ..... . so too, the various regulatory legislations of the union (the securities exchange board of india act, 1992 (sebi act); the telecom regulatory authority of india act, 1997 (trai act, governing the telecom sector); the electricity act, 2003 (regulating the electricity sector) and the airports economic regulatory w.p ..... . section 17 of the aera act stipulates the establishment of the airports economic regulatory authority tribunal (aerat), which can adjudicate disputes between two or more service providers; or between a service provider and a group of consumer ..... ; the airports authority of india act (section 12 dealing with regulatory functions to its standards for development, construction and maintenance of runway airports, etc. .....
Tag this Judgment!Court : Mumbai Nagpur
..... transparency' in the telecom regulatory authority of india act, 1997, considering the definition of word 'transparency' as provided under the airports economic regulatory authority of india act, 2008, have made the aforesaid ..... however, in the facts of the present case, in absence of a provision which is analogous to provisions of section 11 (4) of the telecom regulatory authority of india act, 1997 and until the parliament enacts a legislation as advised by their lordships of the apex court, we will have to examine the present case as per ..... by their lordships while considering sub-section (4) of section 11 of the telecom regulatory authority of india act, 1997 : 4. ..... found in section 11 (4) of the telecom regulatory authority of india act, 1997 ..... the submissions of the petitioners that the state government has failed to take into consideration the objections raised by the petitioners and that the inquiry contemplated under the provisions of section 37 of the said act, required, that the state government ought to have taken into consideration each and every objection raised by the petitioners objecting to the modifications as proposed by the corporation and ..... acting advocate general submits that the powers exercised by the state government under section 37(2) of the said act are legislative in nature and therefore, the present case will have to be examined on the touchstone of parameters that are available to this court, while exercising powers of judicial review of legislative functions .....
Tag this Judgment!Court : Delhi
..... the court's reliance inter alia upon section 13(4) of the airports economic regulatory authority of india act, 2008 and the decision of the english ..... the respondent telecom regulatory authority of india [hereinafter referred to ..... regulatory authority of india ..... regulatory authority of india ..... be disputed that the impugned amendment regulations being in the nature of price or tariff fixation, the executive or regulatory authorities are entitled to a high degree of deference. ..... the mobile technology or from one cellular mobile technology to another of the same access provider; (j) mobile number portability service provider means an entity who has been granted a license under section 4 of the indian telegraph act, 1885 (13 of 1885) for providing mobile number portability service; xxxx xxxx xxxx (n) per port transaction charge means the charge payable by the recipient operator to the mobile number portability service ..... page 17 of 26 by the constitution bench in the following terms: regardless of the characterization of a function as legislative or quasi-judicial , certain minimum standards are expected of decision-making authorities. ..... functions of the trai are enumerated in section 11, of which section 11(4) expressly imposes an obligation of transparency on trai in the discharge of the powers and functions ..... page 2 of 26 who would be tasked with various functions enumerated thereunder. ..... their function is to process requests by mobile subscribers to transfer their connections from a "donor" tsp .....
Tag this Judgment!Court : Delhi
..... the court's reliance inter alia upon section 13(4) of the airports economic regulatory authority of india act, 2008 and the decision of the english ..... the respondent telecom regulatory authority of india [hereinafter referred to ..... regulatory authority of india ..... regulatory authority of india ..... be disputed that the impugned amendment regulations being in the nature of price or tariff fixation, the executive or regulatory authorities are entitled to a high degree of deference. ..... the mobile technology or from one cellular mobile technology to another of the same access provider; (j) mobile number portability service provider means an entity who has been granted a license under section 4 of the indian telegraph act, 1885 (13 of 1885) for providing mobile number portability service; xxxx xxxx xxxx (n) per port transaction charge means the charge payable by the recipient operator to the mobile number portability service ..... page 17 of 26 by the constitution bench in the following terms: regardless of the characterization of a function as legislative or quasi-judicial , certain minimum standards are expected of decision-making authorities. ..... functions of the trai are enumerated in section 11, of which section 11(4) expressly imposes an obligation of transparency on trai in the discharge of the powers and functions ..... page 2 of 26 who would be tasked with various functions enumerated thereunder. ..... their function is to process requests by mobile subscribers to transfer their connections from a "donor" tsp .....
Tag this Judgment!Court : Supreme Court of India
..... disputes settlement and appellate tribunal national company law appellate tribunal discharges functions of appellate tribunal under airports economic regulatory authority of india act, 2008 appellate tribunal under information technology act, 2000 appellate tribunal under telecom regulatory authority of india act, 1997 under appellate tribunal competition act, 2002 appellate authority under insolvency & bankruptcy code, 2016 appellate tribunal companies act, 2013 under national company law tribunal tribunal under companies act, 2013 adjudicating authority under insolvency & bankruptcy code, 2016 whether there is a provision for application ..... appellate tribunal under securities & exchange board of india act, 1992 appellate tribunal depositories act, 1996 appellate tribunal securities (regulation) act, 1956 appellate tribunal under pension fund regulatory and development authority act, 2013 under contracts yes section 15w yes section 23d yes section 22d no **prior to the insolvency & bankruptcy (second amendment) act, 2018 also, according to the learned advocate, incongruous results would obtain if we were to hold that section 433 of the companies act, would apply to provide a period of limitation to the .....
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