Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... 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 ..... on these issues and the directions relating thereto directly impact on the claims of reliance and tata for allocation of additional spectrum on the basis of their amended uas licence. 67. mr. ramji srinivasan, learned senior counsel appearing for both reliance and tata strongly submitted that the objections raised by the intervenors were ..... after fulfilling the guidelines/criteria prescribed from time to time. condition 43.5 (iv) further stipulates that government has a right to modify and/or amend the procedure for allocation of spectrum including quantum of spectrum at any point of time without assigning any reason. from reading of all the three conditions .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... member by reason of this application, the petitioner has inter-alia prayed for amendment of the petition. the petitioner is an uasl licensee, the licence having been granted by the department of telecommunication in terms of section 4 of the indian telegraph act, 1885 (the 1885 act). 2. the parties herein entered into an interconnection agreement. an addenda to ..... a departure can be made by this tribunal only if an exceptional case is made out and not otherwise. the parliament by reason of code of civil procedure act (amendment act) in 1976 had added an explanation whereby the power of review has further been curtailed. 33. if the principles of order vi rule 17 or the ..... are sought to be raised and new contentions are sought to be advanced which in view of the parliamentary intent, as contained in the code of civil procedure amendment act, 1999, must be held to be prohibited. it is, therefore, difficult for us to agree with the submissions of the learned senior counsel that because the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. xxxx the said provision was amended by reason of cpc amendment act, 1976 being act ..... having made payments in terms of the mou, the respondent had the authority to appropriate the same towards the arrears in terms of sections 60 and 61 of the indian contracts act. (iii) the petitioner having not raised any pleading of undue influence and/or the lawfulness or otherwise of the agreement, the oral evidence adduced in this behalf ..... `proviso and the `explanation appended thereto are not in a position to agree with the contention of mr.harsh kaushik that sections 91 and 92 of the indian evidence act will have any application in a case of this nature. for the reasons aforementioned, we are of the opinion that the settlement entered into by and between the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of clause 7.3.1(iv) in petition no.166 of 2006, this tribunal has held that having regard to the provisions of section 28 of the indian contract act, period of limitation for raising a bill cannot be six months. similar views have taken in petition no.111 of 2007 tata teleservices ltd. vs. bharat sanchar ..... had given the new mobile numbering level to the petitioner, nor trai/dot had put in place new national numbering and routing plan and nor bsnl had immediately amended the interconnect agreement. therefore, the only option available to the petitioner was to accept the terms given by the respondent but it was also under the clear ..... no such intimation as well as copy of unified license has been given to bsnl as yet. neither any instructions has been issued by dot or trai regarding amendments required in the present interconnection arrangements with these private basic service operators who have migrated to a unified licensing regime. 3. some of the operators have approached bsnl .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... also given to the petitioner, some amounts were returned to the subscriber when they return the stbs. 21. the respondent is a company registered under the indian companies act, 1956. mr. bakshi in his evidence clearly admitted (which is even otherwise statutorily necessary) that respondent maintained books of account and it had records to show ..... the parties agree that from total subscription charges/revenue received, 45% shall belong to broadcaster, 25% to cable operator and 30% to imcl or as per any amended trai regulation. imcl shall give 5% subscription charges/revenue received from its 30% share from the broadcasters to sbspl as commission. 6. the other important clauses which ..... how much amount was collected by it from the subscribers and / or the link operators was within its special knowledge as envisaged under section 106 of the indian evidence act. 23. on the one hand, its lcos have raised a contention that they have not been, in the absence of invoice, had been raising any bill .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... as to whether the trai in exercise of its regulation making power could issue any regulations contrary to or inconsistent with the 1995 act. 27. keeping in view the amendments made by the trai in the year 2007 as also in the year 2009, the petitioner has made out an arguable case. ..... ) having regard to the provisions contained in regulation 13.2(b) of the telecommunications (broadcasting and cable services) interconnection regulations, 2004 (the regulations) as amended in the year 2009, it is evident that the broadcasters should supply signals on addressable system when the mso itself is willing therefor, having put in place ..... the authorization made, on the choice and request of such subscriber, by the service provider to the subscriber;] 23. in terms of the provision of the act, telecom regulatory authority of india has made regulations known as telecommunications (broadcasting and cable services) interconnection regulations, 2004 (the regulations). 24. the said regulations although .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... such pleading. the respondent does not state that the agreement between the parties was illegal being opposed to the public policy as envisaged under section 23 of the indian contract act. it may be true that keeping in view the well known doctrine of ex turpi causa non oritur actio, the court shall not come to the ..... or about 6.4.2010 without issuing any notice as envisaged under clauses 4.2 and 4.3 of the telecommunication (broadcasting and cable services) interconnection regulations 2004 as amended time to time (the regulations). the petitioner, in this petition has prayed for the following reliefs:- (a) hold the disconnection of polimer channel by the respondent ..... 06.04.2010. it is submitted that as stated herein above the petitioner is neither a broadcaster nor a licensee under the scheme of interconnection regulations 2004 as amended from time to time. the respondent seeks liberty to refer to rely on the submissions made herein above in response to the rest of the contents of this .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... the respondent an agreement on it contending that although the agreement is non-existent, by supplying signal unilateraly the provisions of section 70 of the indian contract act would be attracted. f) in the event the purported agreement dated 1.10.2007 is held to be valid, the respondent is bound to pay the charges ..... having not issued any notice as is required under clauses 4.2 and 4.3 of the telecommunication (broadcasting and cable service) interconnection regulation 2004 (the regulations), as amended from time to time, the contract between the parties must be held to be continuing, as a consequence whereof, the respondent is bound to pay damages to the ..... in terms of the proviso appended to clause 8.1 of the regulations 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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... , the must provide clause contained in clause 3.2 of the regulations, is an exception to the common law of contract and/or the provisions of the indian contract act, 1870, by reason thereof in the event a distributor of the telecommunication services makes a request to a broadcaster for grant of supply of signal of its ..... in this petition are :- (a) whether having regard to clause 3.2 of the telecommunication (broadcasting and cable services) interconnection agreement, 2004 (the regulations), as amended from time to time, the petitioner has made out any case for issuance of any direction upon the respondent for grant of signal to the petitioners network at ..... the petitioner to pay only the security amount, which was stated to be a notice under clause 4.1 of the telecommunication [broadcasting and cable services] interconnection 3rd amendment regulations, 2006. (iv) from a perusal of the letter dated 24.05.2008, it would, however, appear that a contention was raised therein that a sum .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... exclusively in one of the forums must be determined having regard to the provisions of the contract and not otherwise. a contract wholly governed by the indian contract act and an international contract where it is not, stand on different footings. before, however, rendering a detailed discussion on the said subject, we may ..... this country. we may in this connection furthermore notice that the trai had made a regulation known as the telecommunication (broadcasting and cable services) interconnection (second amendment) regulation, 2006 in the year 2006. by reason of the said regulations a prohibition had been introduced with regard to minimum guarantee in a contract. ..... have been considered in a large number of decisions rendered by the supreme court of india. we may notice in this connection, section 28 of the indian contract act :- 28. agreements in restraint of legal proceedings void.- every agreement,- (a) by which any party thereto is restricted absolutely from enforcing his rights .....
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