Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... direct the respondent to pay rs. 15,00,000/- (rupees fifteen lakhs only) as damages suffered by the petitioner due to their arbitrary and capricious acts;. 29. in view of the aforementioned amended petition, as we have noticed, a further question would arise as to whether the petitioner would be entitled to any damages from the respondent allegedly by ..... would be applicable even in a proceeding before this tribunal. (see halsbury laws of india item 65.136.) 47. in union of india vs. tata teleservices ltd. 2007 7 scc pg. 517 the supreme court of india also applied the provisions of code of civil procedure. furthermore cause of action for a suit is not an isolated ..... started its own head-end is contrary to the decision of the supreme court of india in star india(p) ltd. vs. sea tv network ltd. and anr (2007) 4 scc 656. 9. the petitioner furthermore contends that from the pleadings of the parties it would appear that the respondent had taken contradictory and inconsistent stands. in support .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... for reckoning the effective date? the delay caused in allocation of spectrum would be discounted [vide paragraphs numbers (v) and (vii)]. at paragraph number (xi) the amendments further provided that on being tested, if the coverage criteria were found as having been met the coverage would relate back to the registration with the tec/term. unitech ..... should be paid to unitech or adjusted against any lawful dues against it within three months from today failing which the provisions of section 20 of the trai act will come into play. etisalat as regards etisalat, the first thing to note is that it had obtained 15 licences for 15 circles and had submitted performance ..... submitted by them as stipulated in clause 21 of the unified access service licences granted to them by the union of india under section 4 of the indian telegraph act, 1885. unitech has filed twenty petitions (petition nos.700 to 719 of 2012) in respect of the twenty different service areas/circles for which the performance bank .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... by tata sky ltd against zee turner ltd. by a judgment and order dated 31.3.2007. 5. by reason of the telecommunication (broadcasting and cable services) interconnection (4th amendment) regulations 2004 which came into force with effect from 3.9.2007 trai introduced clause 13.2a.11, in the telecommunication (broadcasting and cable services) interconnect ..... to time, by order, notify in the official gazette the rates at which the telecommunication services within india and outside india shall be provided under this act including the rates at which messages shall be transmitted to any country outside india: provided that the authority may notify different rates for different persons or class ..... for transmission of their channels in analogue mode. trai, thus, has not fixed any rate or tariff within the meaning of section 11(2) of the act. 18. having regard to the fact no retail tariff has been fixed which would ultimately benefit the consumers, for all intent and purport trai has not exercised .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of merger of the license is involved. the petitioner never held any license in bihar and mp circles. it is, therefore, a question of transfer or amendment in license. the petitioner prior to filing of the application for grant of sanction applied for grant of a no objection certificate. the said application was necessary ..... , where the cause/dispute is inarbitrable, the court where a suit is pending, will refuse to refer the parties to arbitration, under section 8 of the act, even if the parties might have agreed upon arbitration as the forum for settlement of such disputes. the well recognized examples of non-arbitrable disputes are :disputes ..... several other liabilities 22. the respondent, however, has not recognized the same. in this case, itself, we have noticed that the different circles of the dot acted differently. whereas the bihar circle accepted the renewed bank guarantee, the mp circle did not. the later while invoking the bank guarantee referred the question to the dot .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... the petitioner has not been able to prove its case in accordance with the provisions of the indian evidence act. we are inclined to agree with the submission of mr. chawla. the evidence act was enacted to consolidate, define and amend the law of evidence. evidence is required to be adduced to prove the fact in issues. we ..... the petition having been verified, it was not necessary for the petitioner to verify the pleadings again as the application for amendment was to be treated as a fresh petition. the petitioner has acted on the order of the court and in that view of the matter neither any fresh affidavit nor any verification thereof was required ..... may notice the definition of certain terms as contained in section 3 of the evidence act:- 3. interpretation clause - in this act the following words and expressions are .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... issue was a contentious one. 17. in our judgment dated 7.5.2010 in petition no. 284 of 2007, it was observed : it is, furthermore, well settled that a state within the meaning of article 12 of the constitution of india must act fairly and reasonably. any decision taken by it, if is found to be violative of the constitutional scheme of ..... equality as enshrined under article 14 of the constitution of india or the level playing field as also the statutory provisions, shall also be coram non judice. (see star india ltd. vs. sea tv 2007 (4) scc 656 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... subject to the applicable law. any change in the rate communicated to affiliate by star den shall automatically be deemed to be an amendment to annexure without the need for an executed amendment to this agreement. in the event of any revision in the rate brought about by any statutory authority including but not limited to ..... signals are provided through an agent or intermediary the broadcaster/multi system operator should ensure that the agent/intermediary acts in a manner that is (a) consistent with the obligations placed under this regulation and (b) not prejudicial to competition. between multi system operator and broadcaster 10.2 in non-addressable systems, the subscriber base agreed upon ..... an mso. it is for the aforementioned purpose, our attention has been drawn to the decision of the supreme court of india in star tv vs. sea - 2007(4) scc 510 wherein the apex court held as under- 15.3 the difficulty arises when the broadcaster as in the present case appoints or enters into an .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... presently being provided to you. this notice may be treated as notice issued under section 4.1 of the telecommunication (broadcasting and cable services) interconnection (third amendment) regulation, 2006. the petitioner for the first time through a notice of its advocate dated 31.10.2009 replied to the said letter dated 14.10.2009 ..... alternative pleadings but it is seeking to displace the plaintiff completely from the admissions made by the defendants in the written statement. if such amendments are allowed the plaintiff will be irretrievably prejudiced by being denied the opportunity of extracting the admission from the defendants. the high court rightly rejected the ..... was for it to prove the same having regard to the provisions contained in section 106 of the indian evidence act. the number of subscribers to the aforementioned extent had been disclosed in the january 2007. the same numbers continued and even in the agreement of june 2009 no further increase in the subscriber base was .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... whatsoever to any agreement unless it has been specifically agreed between the parties that the agreements entered into prior to the date of these circulars are to be amended suitably. submission of mr. maninder singh was that the petitioner was all along aware that the calls in question were international calls. in support of such a ..... in terms whereof it could detect the suspicious telephone numbers misusing its network. (vi) the delay of approximately one year i.e. between december, 2006 to december, 2007 in sending the disconnection notice, has fully been explained by reason of its communications dated 31.12.2008 and 15.01.2009. in this case the interconnect agreement ..... to issue the implementation circular. iuc regulation has been framed by trai in exercise of its regulation making power conferred on it under section 36 of the trai act. iuc regulation, thus, is a piece of subordinate legislation. it comes into effect on its own. there is no provision in the trai or any subordinate .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... an ex-parte decree can be set aside only when the applicant shows existence of a sufficient cause. 21. order ix rule 13 was amended in year 1976 by the code of civil procedure (amendment) act, 1976 to the effect that in the event the court is satisfied that there has been service of summons in terms of the provisions laid ..... view the aforementioned decisions of the high court as also a recent decision of this tribunal in m.a. in 53 of 2010 filed in petition no. 282 of 2007, we are of the opinion that interest of justice would be sub served if this tribunal, sets aside the ex-parte decree so as to enable the applicant ..... furthermore, denies and disputes the jural relationship between the parties. . indisputably, the original petitioner- the respondent herein had entered into an agreement with the applicant in the year of 2007, pursuant whereto and in furtherance whereof, the applicant was to pay a sum of rs. 25,000/- per month plus taxes towards feed charges, the invoices wherefor were being .....
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