Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... a officers of the irs dated 5.4.2011, promotion order dated 27.11.2012 and amendment to the transfer policy issued on 12.6.2009. relying upon the decision of this tribunal in y. kurikesu v. the sr. supt. of telegraph traffic, trivandrum div. and others, (1994) 1 atj 71, he submitted that the expression ..... has contended: no such administrative exigency or public interest, which could have warranted transfer of applicant in deviation of transfer / placement policy of group a officers of indian revenue service, is reflected in the impugned order of transfer, as per clause 5.5 of the transfer policy (ibid) in calculating the tenure/service of the ..... there was discriminatory treatment between koshi and the applicant, and (c) whether any known or justifiable principle motivated the transfer. he will also impress the need to act without arbitrariness on his subordinate officials even in routine administrative matters. the interim order of stay granted by a bench of this tribunal on 18.3.1993 will .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... from the year 2015 onwards. the main question is whether the respondents are entitled to alter the terms, especially the financial, thereof under section 4 of the indian telegraph act, 1885. prima-facie it appears that the licences and spectrum having been granted, the respondents are not entitled to increase the financial burden. this of-course ..... revenue sharing basis, is against the agreed terms of the contract and without consent of the contracting party; (ii) the power under section 4 of the indian telegraph act cannot be exercised to unilaterally impose otsc and that too in violation of the terms and conditions of the agreed contract between the parties; (iii) the revenue ..... of subscribers and traffic and other guidelines as prescribed from time to time. 8. the licensor under clause 43.5 has the right to modify and amend the procedure of allocation of spectrum including quantum of spectrum at any point of time without assigning any reason. the issue before us for our consideration will .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... . the following are some of the legislations passed by the government of india, after indian telegraph act 1885. 1. wireless telegraph act 1933 2. the telecom regulatory authority of india act, 1997 3. information technology act 2000 4. indian telegraph (amendment) act 2003 5. the telecom consumers protection and redressal of grievances regulations, 2007 1. consumer protection act 1986 in addition to the new enactments, several notifications have been issued by the ..... protection of consumer interest. 2. in view of above, it was proposed to set up an independent telecom regulatory authority as a non-statutory body and for that purpose the indian telegraph (amendment) bill 1995, was introduced and then passed by lok sabha on 6th august, 1995. at the time of consideration of the aforesaid bill in rajya sabha, having regard to the .....
Tag this Judgment!Court : Delhi
..... as per provision in sub-rule (1) of rule 419-a of the indian telegraph rules, 1951 notified on 16.02.1999 as indian telegraph (first amendment) rules, 1999 framed in exercise of the powers conferred by section 7 of the indian telegraph act, 1885 (13 of 1885), the secretary, ministry of home affairs, government of ..... india, has been authorized to exercise the powers of central government under sub-section (2) of section 5 of the indian telegraph act, ..... with regard to seven interception orders purportedly passed under section 5(2) of the indian telegraph act, 1885 (hereinafter referred to as the telegraph act) read with rule 419-a of the indian telegraph rules, 1951 (hereinafter referred to as the telegraph rules). in the backdrop of these seven interception orders, the petitioner has prayed .....
Tag this Judgment!Court : Chennai
..... through satellite; that the petitioners herein, who are limited companies, are awarded licence by the government of india under section 4 of the indian telegraph act, 1885 and the indian wireless telegraph act, 1993, for providing dth services. 205. a reading of the ordinance and the notification thereon shows the efforts taken to digitalize all metros ..... a(1) & (3), 7-b(1) & (2) and s.10(1) of the tamil nadu entertainments tax act, 1939 (act no.x of 1939) as amended by tamil nadu entertainments tax (second amendment) act, 2011 (act no.xxv of 2011) and the tamil nadu entertainments tax rules, 1939 as revised by notification g.o.ms.no.125 dt ..... & (2) and s.10(1) ["impugned provisions"] of the tamil nadu entertainments tax rules, 1939 (act no.x of 1939) ["entertainment tax act"] as amended by tamil nadu entertainments tax (second amendment) act, 2011 (act no.xxv of 2011) ["2011 amendment act"] and the tamil nadu entertainments tax rules, 1939 as revised by notification g.o.ms.no.125 dt. .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... 2. the petitioners are holders of ild licenses; the licensee having been granted in terms of the proviso appended to section 4 of the indian telegraph act, 1985 (the act). the said licenses were amended, whereby and whereunder the licensees were permitted to enter into agreements with the foreign operators as regards completion of half circuits in the respective ..... 18. the trai in exercise of its jurisdiction conferred upon it under section 11(1)(b) read with section 36 of the trai act, has framed a tariff order known as telecommunication tariff (39th amendment) order, 2005. by reason thereof, the parties have been prohibited from charging any amount more than the specified rate. completion of the ..... not liable to pay the amount of penalty for an act of omission and commission on the part of stl. 13. we may proceed on the basis of some admitted facts. 1. the petitioners have been granted ild licenses. 2. keeping in view the amendments made in the ild licenses, they were entitled to enter .....
Tag this Judgment!Court : Supreme Court of India
..... 18. chapter vi-a inserted by the 2002 amendment act in 1987 act, as its title suggests, provides for pre-litigation conciliation and settlement procedure. the disputes relating to public utility service like transport service for carriage of passengers or goods by air, road or water or postal, telegraph or telephone service or supply of power, light ..... - alia, provides that while deciding a dispute on merit the permanent lok adalat shall not be bound by the code of civil procedure, 1908 and the indian evidence act, 1872 and section 22-e which accords finality to the award of permanent lok adalat under sub-section (1) and the provision made in sub-section ..... to provide an affordable, speedy and efficient mechanism to secure justice. by not making applicable the code of civil procedure and the statutory provisions of the indian evidence act, there is no compromise on the quality of determination of dispute since the permanent lok adalat has to be objective, decide the dispute with fairness and .....
Tag this Judgment!Court : Mumbai
..... disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7b of the indian telegraph act, 1885. 5 admittedly, pursuance to then existing policy, the first agreement was entered into ..... franchisee (i) monthly rental per junction line: (ii) call charges call charges will be rs.1.10 per call unit. 3. the aforesaid tariff charges were amended vide notification dated 9th november, 2000 by providing thus- 4. in (16.b.iv) in schedule i of the telecommunication tariff order (tto), 1999 prescribing call ..... per month, call charge per metered call unit rs.1.10 4. obviously, the applicants (original respondents in the writ petition) have to charge as per amended call charges noted in clause (iv) of the notification dated 9th november, 2000. 9 the parties ultimately, taken the matter to the supreme court. after .....
Tag this Judgment!Court : Andhra Pradesh
..... provision is being made by infrastructure providers who are being registered by the dot and telecom service providers who are licensees under section 4 of the indian telegraph act, 1885 are divesting themselves of the task of infrastructure provision. in para 1.14 trai noted that telecom towers are an integral part of a wireless ..... etc., for the purpose of granting on lease/rent/sale to telecom service providers. the cct concluded that in view of the amendment to section 8(3)(b) of the cst act by act 20 of 2002 (whereby telecommunications network was inserted in the said provision), the dealer is eligible to purchase goods from outside ..... the telecom regulatory authority of india (trai) are : (a) on 08-04-2006, the dot addressed trai for its views regarding bringing in appropriate legislation/amendment in the licensing agreements for ensuring effective sharing of new passive infrastructure (towers) by mobile service providers. this letter (by the dot) stated that with the .....
Tag this Judgment!Court : Orissa
..... the subscribers across the country. the government of india has granted licence to the petitioner under section 4 of the indian telegraph act, 1885 (for short, act, 1885 .) and the indian wireless telegraphy act, 1933 (for short, act, 1933 .) on the terms and conditions contained in the licence agreement for a period of 10 years. the ..... ultra vires and infringes articles 270 of the constitution of india. the amended act seeking to impose tax upon dth operator is extra territorial, illegal and unconstitutional. the licence granted to the petitioner under section 4 of the telegraph act, 1885 is one of service and no.for providing entertainment. the substance ..... service and consequently imposes entertainment tax is no.taxable service. the activity sought to be taxed under the entertainment tax act, 2006 as amended by e.t. amendment act, 2010 read with e.t. amendment rules, 2010 is within the legislative competency of orissa state legislature. there is no transgression or encroachment upon the .....
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