Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... the true and correct interpretation of clause 3.3 of the agreement dated 7.2.2006. jurisdiction issue this tribunal has been constituted in terms of provisions of the trai act, 1997 (the act). the preamble of `the act reads as under:- an act to provide for the establishment of the telecom regulatory authority of india to regulate the telecommunication, and services, ..... regard to the role of respondent no.1 as a `broadcaster as also as an arm of the central government. it is not a case where the parties entered into an agreement of tenancy on their own volition. the petitioner was forced to enter into the agreement as a pre-condition of tender documents. the respondent no.2 ..... so was to invite levy of penalty of huge amount and revocation of the license for which it had to make a huge investment. the respondents herein had acted as an arm of the government. the government has set a role for them. it had an upper hand. we have noticed heretobefore that mr.sharma himself contended relying .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... dealing with the power of a court, exercising appellate power or original power, will have no application for limiting the jurisdiction of the appellate tribunal under the act. since the tribunal is the original authority to adjudicate any dispute between a licensor and a licensee or between two or more service providers or between a ..... it ought to be noted that 14th and 15th september were the dates fixed for hearing, by this tribunal. however the written submissions were not filed by the counsel for the respondents even till then, forcing us to note the said delay vide an order dated 16th september 2010. the legal framework for guiding ..... and satellite service providers all across the globe. moreover broadcasters have to subject themselves to competitive bid to procure content, and have to submit to market forces to obtain rights for popular programming. indeed, in the absence of mandatory non discriminate must provide clauses, operators like all program providers, have every incentive .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... spectrum as stated in paragraph 13 of the petition. despite repeated requests, no heed was paid to its claim for additional spectrum and it was forced to come to the tribunal for appropriate directions. 4. aircel similarly seeks allocation of additional 1.8 mhz spectrum in the service areas of delhi, mumbai and rajasthan. it ..... of the pleas taken in the reply. mr. vishwanathan laid great stress on the issue of exclusive privilege. he submitted that section 4 of the telegraph act provides that the central government shall have the exclusive privilege of establishing, maintaining and working telegraphs. but it can part with the privilege in terms of the ..... up (east) and three districts (sonitpur, nagaon and morigaon) of the assam service area. dishnet had taken out uas licences under section 4 of the indian telegraph act, 1885 for the aforesaid service areas in december, 2006 on payment of entry fees fixed under the unified access services licence guidelines, dated 14.12.2005 (that had .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... to a third party namely to a consumer? but we think that the law is that a written agreement found to be valid may continue to operate in all force till it comes to an end in accordance with law in a situation of this nature. is it possible for a person to deny its liability despite the fact ..... of retransmission thereof of the channels of broadcasters stand on a different footing. the statutory scheme in terms of the act as also the regulations undoubtedly provide that the same must subserve the public purpose. the regulator as also this tribunal are enjoined with a duty to uphold the right of the public in this behalf. it is in that view ..... and in any event for the said purpose the provisions of section 70 of the indian contract act cannot be made applicable and/or as the respondent has not accepted the agreement, it is not bound thereby. e) the petitioner could not have forced upon the respondent an agreement on it contending that although the agreement is non-existent, by supplying .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... have pleaded and proved the same. it ought to have placed the entire relevant records before this tribunal; at least those materials which were absolutely necessary for proving the circumstances referred to heretobefore. 39. we find some force in the submission of mr. kathpalia that petitioner started developing one story after the other. the dispute ..... preliminary issue raised by mr kathpalia that this petition is not maintainable as petitioner firm is not registered under section 69(2) of the indian partnership act. it is not denied or disputed that both the parties hereto are service providers within the meaning of the regulations. respondent itself has raised many issues ..... respondent, on the other hand, submitted :- (a) the petitioner not being registered as a partnership firm in terms of section 69 of the indian partnership act, this petition is not maintainable. b) having regard to the admitted fact that respondent had been supplying signals to at least 7-8 link operators including the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... huge carriage fees you were able to place colors only on the add-on tier of tata sky. further even under the new competition act, any attempt by us to force an unwilling or reluctant distributor to package our channels only in a manner as determined by us will be treated as anti-competitive and lead to ..... the respondent, on the other hand, would contend: a. this petition having been filed in anticipation of an original petition which the respondent intends to file before this tribunal, no order of injunction should be granted in its favour. b. no foundational fact having been pleaded for obtaining a discretionary or equitable relief by way of injunction ..... it prayed for an order of injunction but the same was declined and thus, the same shall be withdrawn and the appropriate petition will be filed before this tribunal. 9. we also granted permission to the petitioner herein to file an additional affidavit. pursuant to the leave so granted in favour of the petitioner a voluminous additional .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... large number of issues were framed, the questions which arise for consideration in these petitions inter alia are:- (i) whether the petitioner is entitled to a direction from this tribunal on respondent for entering into a new subscription agreement? (ii) whether the contention of respondent that as petitioner has moved to another mso namely digi cable, it is ..... of signals by digi cable to the network of the petitioner, but it has not legally been proved; as the requirements of section 65b of the indian evidence act have not been complied with. we have no reason to disbelieve the statement of the respondent that petitioner in fact had started taking supply of signals of digi cable ..... and discharge its contractual obligations only to the other. in view of the fact that petitioner has not been able to show that there had been any overt act on the part of respondent by disconnecting the supply without issuance of any notice, we are of the opinion that no direction as has been sought for can .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... the agreement in question being a commercial document, save and except in some exceptional cases, effect thereto must be given by this tribunal. the provisions of section 91 and 92 of the indian evidence act cannot be disregarded by us, and thus, the contention of mr.mukund that the agreements stood modified because the supply of signals started ..... program that does not conform to the laws in force at the time or which infringes the copyrights of any third party. there shall be liability on the company incase of any such violation by the distributor ..... conform to the advertisement code and/or programme code as set out in the cable television networks rules, 1944 or any other law for the time being in force or otherwise which infringes the copyrights of any third party. the distributor shall ensure that no cable tv operator in the territory of operation transmit/insert any such .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... even in the matters involving contract qua contract should be just and proper. it should not take undue advantage of its superior position as a licensor. 52. this tribunal has considered bsnl (supra) in cellular operators association of india and ors. vs. department of telecommunications and anr. (petition no.122 of 2007) by an ..... of india through the department of telecommunication and various private operators, wherein the agreement contained imposition of penalty to the extent of 150% of the dues, this tribunal, in petition no.8 of 2003, bpl mobile cellular limited and another vs. department of telecommunications and other connected matters decided on 11th february, 2010, opined ..... v. gwynne2.) 43. a retrospective effect to an amendment by way of a delegated legislation could be given, thus, only after coming into force of sub-section (2-a) of section 64 of the act and not prior thereto. see also mrf ltd. v. asstt. commr. (assessment) sales tax3. 68. in delhi development authority vs. .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... power of a court, exercising appellate power or original power, will have no application for limiting the jurisdiction of the appellate tribunal under the act. ... 11. .... as has been stated earlier, the jurisdiction of the tribunal under section 14 cannot be held to be a supervisory jurisdiction, in view of the language of the statute as well as ..... their ability to negotiate. the existing tariff regime does not place any ceiling on the subscriber base. h) with increasing number of pay channels, msos/lcos are forced by the broadcasters to take large bouquets for which they have no bandwidth in the analogue mode. msos also feel that broadcasters follow pricing policies which discourage individual ..... grew by 508% even as the costs of goods and operations had gone down by 31%. it is also pointed out that the very fact that the carriage arm of zee turner (appellant in appeal 11/2007) namely wwil, is incurring losses shows that the broadcasters are making profits while the msos are losing. 59. we .....
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