Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of additional evidence or otherwise. we, however, are not oblivious of the fact that while the question of validity of the code of civil procedure amendment act, 1999 vis- -vis the amending act of 2002 was questioned before the supreme court of india in salem advocates association vs. union of india (2005 (6) scc 347) it while ..... cards have been mentioned therein. we may, however, notice that the petitioner itself relies upon the definition of documents contained in section 3 of the indian evidence act, 1872 to submit that the aforementioned decoder boxes and/or viewing cards would not be a document within the meaning of the said provision. order vii rule ..... dated 20.01.2004. the same could have also been produced separately. electronic evidence within the meaning of the term evidence having been defined under the indian evidence act, the decoder boxes and/or viewing cards would also come within the purview thereof. even if the electronic evidence is an evidence, the same is required to .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... question involved in this appeal. the first appellant is an association of cellular operators. respondent nos. 2 to 8 are the companies incorporated and registered under indian companies act, 1956 having their respective offices mentioned in the cause title of the appeal. they carry on their business in telecom services having been granted licences therefor ..... impugned notices are vitiated in law as law does not envisage compliance of an impossibility. 5. as trai had recognized the condition of force majeure in the amended regulation, there was no reason as to why the said authority should have taken into consideration the same even for the purpose of issuing the impugned directions ..... them through their respective counsels. mr. maninder singh accepts notice on behalf of bsnl and mr.vivek malik accepts notice on behalf of mtnl. let the amended memo of parties be filed within two weeks. reply be filed within two weeks. rejoinder be filed within one week thereafter as prayed. mr.meet malhotra, .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... about the said entries and/or the discrepancies. in any event the discrepancies pointed out by the respondent had not at all been explained. section 34 of the indian evidence act reads thus: section 34: [entries in books of account including those main tained in an electronic form] when relevant.- entries in the books of account [ ..... to substantiate the rate per subscriber so far as the pay channels are concerned. in terms of clause 3.3 the telecommunication (broadcasting and cable services) interconnection (third amendment) regulation 2006, a mso is bound to serve invoices on a regular basis. except for a few, service of the invoices has not been proved. the petitioner, ..... , shri v.suresh kumar and shri zafar iqbal being untrustworthy, no reliance can be placed upon their evidence. (v) in terms of section 34 of the indian evidence act, 1972 also, the books of accounts of the petitioner having not been kept and maintained in the regular course of business, the same by itself cannot be .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... even if the contention of the respondent is correct, the contracting parties were be at liberty to waive imposition of penal interest. even otherwise the terms of the amended license do not suggest that clause 3.8 is a sunset clause. 10. the specific stand of the respondent, which we will assume in this matter to ..... , the court has to resort to punishment of imposition of fine which is also a prescribed punishment. as per the scheme of various enactments and also the indian penal code, mandatory custodial sentence is prescribed for graver offences. if the appellants' plea is accepted, no company or corporate bodies could be prosecuted for the ..... laws of england, 4th edition, vol. 23, para 1618, p. 1178] 32. in a given situation, the term "immediately" may mean "within reasonable time. where an act is to be done within reasonable time, it must be done immediately. [see gangavishan heeralal v. gopal digambar jain and ors., air1980mp119; keshava s. jamkhandi v. ramachandra s. jamkhandi .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... case have no application. by reason of the provision contained in a contract, the statutory period of limitation cannot be curtailed as would be evident from section 28 of the indian contract act. 46. the supreme court of india in the case of national insurance company vs. sujir ganesh nayak, 1997 (4) scc 366 held that curtailment of the period ..... it will not be fair to ask btnl to conform to this plan. they further contended that the nrp is an internal document of dot, which has not been amended to take care of the dynamic situation of the liberalization of the telecom market and the entry of private bsos. btnl stated that optimization of their network usage required ..... it will not be far to ask bsnl to conform to this plan. they further contended that the nrp is an internal document of dot, which has not been amended to take care of the dynamic situation of the liberalisation of the telecom market and the entry of private bsos. bsnl stated that optimization of their network usage required .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... make the amount of compensation payable for breach of contract and would constitute only a civil liability and not a penalty. 90. section 74 of the indian contract act emphasizes that in case of breach of contract, the party complaining of the breach is entitled to receive reasonable amount of compensation whether or not, actual ..... 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. demand validity of 70. applicability of the penal clause must, thus, be considered having regard to the findings aforementioned. the petitioner was not charged ..... agreement is supreme and can only be altered by another agreement signed between both the parties, as an addendum to the earlier agreement. agreements cannot be amended by either party by issuing circulars to their field offices. in this case, we notice that copies of these circulars were not even marked to the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... a suit barred by law in terms of order 7 rule 11(d) of the code. the code of civil procedure as its preamble indicates, is an act to consolidate and amend the laws relating to the procedure of the courts of civil judicature. no doubt it also deals with certain substantive rights. but as the preamble vouchsafes, the ..... bsnl from raising any demand of adc on the petitioners for the intra circle calls from cellular to walky. (e) direct the respondent no.2 to withdraw/ amend all its invoices insofar as they raise a demand of adc on the petitioner for the intra circle calls from cellular to walky and refund all amount so collected ..... the cellular operators. the other petitioners are cellular operators having obtained licenses from the government of india in terms of the provisions of section 4 of the indian telegraph act, 1885 (the 1885 act). inter-alia on the premise that the first respondent in each of these petitions have launched a service known as walkie and unlimited cordless which .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... provisions of the statutes which are relevant for determination of the issues involved in these matters. the indian telegraph act, 1885. the said act was enacted to amend the law relating to telegraphs in india. part ii of the said act confers privileges and powers on the government. section 4(1) provides that the central government would have ..... or on the basis of clause 6.8 of the license agreement, having regard to the provisions of the indian telegraph act. (xiv) the parliament, although inserted section 9(a) at a later date, did not amend the provisions of section 20(a) or any other provisions and thus must be held to have kept the ..... guarantees which have been furnished by the petitioners. (v) the penalty clause inserted in the amended licence agreement being compensatory in nature must be held to be contravening the provisions of section 73 and section 74 of the indian contract act. (vi) the intent and purpose of introducing the penalty clause being to safeguard willful misdeclarations .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... by justice g.p. singh, page 497, in respect of the retrospective effect given to the statutory provisions, it was stated that-- to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation, to pending proceedings for determination of compensation for acquisitions already ..... there is no qualitative difference in the nature of the claim whether whether it be so liquidated or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the ..... dated 01.06.2004 is ultra vires art. 14 of the constitution of india as well as sections 23 and 74 of the indian contract act, 1872. (ii) the indian telegraph act, 1885 having provided for imposition of penalty and specified the maximum amount in respect thereof, no agreement could have been entered into .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of the petitioner is that adarsh nagar network being belonging to a company known as as a and m entertainment pvt. ltd. registered and incorporated under the indian companies act, 1956; the same neither could have been taken over nor the bills payable by it could have been clubbed with those of the respondent. 14. in ..... andhra pradesh - 530003 sub: revision of espn, star sports and star cricket rates. this has reference to the telecommunication broadcasting and cable) services (second) tariff (eighth amendment) order, 2007 (tariff order) issued by the honble telecom regulatory authority of india (trai) for non-cas areas on october 4, 2007. as you may be aware ..... herein. (b) the respondent be penalised for violating with impunity the provisions of clauses 4.2 and 4.3 of the telecommunication (broadcasting and cable services) interconnection (3rd amendment) regulation, 2006 dated 04.09.2006 and be imposed a fine of not less than rs. 1,00,000/- (rupees one lakh) ; 9. before we proceed .....
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