Court : Delhi
..... (e).-in exercise of the powers conferred by section 7 of the indian telegraph act, 1885 (13 of 1885), the central government hereby makes the following rules further to amend the indian telegraph rules, 1951, namely:- 1. (1) these rules may be called the indian telegraph (amendment) rules, 2007. (2) they shall come into force on the ..... date of their publication in the official gazette. 2. in the indian telegraph rules, 1951, after rule 419, the following rule shall be substituted, namely:- 419-a. (1) directions for interception of any message or class of messages under sub-section (2) of section 5 of the indian telegraph act ..... provisions of sub-rule (1) of rule 419-a of the indian telegraph rules, 1951, as amended by the indian telegraph (first amendment) rules, 1999 and in exercise of the powers conferred by sub-section (2) of section 5 of the indian telegraph act, 1885 (13 of 1885) read with the order no.pa/dsh .....
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 : Delhi
..... the rural and remote areas at affordable prices. in furtherance of the objective, the universal service obligation fund (hereafter usof ) was established under the indian telegraph (amendment) act, 2003, with effect from 01.04.2002 to provide financial support/ subsidy to enable access to all types of telecom services including mobile and broadband ..... they were issued as per o.m.p. (comm.) 90/2017 page 6 of 25 the relevant provisions of the indian telegraph act, 1885 (hereafter the telegraph act ) and the indian telegraph rules, 1951, (hereafter the telegraph rules ) and also under the relevant clauses of the agreement.15. the arbitral tribunal accepted ttl s request to consider ..... whether the arbitral tribunal had erred in holding that the circulars in question were not binding on ttl.35. the arbitral tribunal had noted that the telegraph act was amended in 2003 (with effect from 01.04.2002) and part iia was inserted to provide the statutory framework for the constitution of the usof. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi159; 151(2008)DLT531; 2008(104)DRJ590
..... of india and ors. (supra)., a division bench of this court declared thus:40. section 11(2) of trai act states that notwithstanding anything contained in the indian telegraph act, the authority may notify the rates at which telecommunication services shall be provided; the authority may notify different rates for different ..... following functions, namely:(i) ensure compliance of terms and conditions of license;(ii) notwithstanding anything contained in the terms and conditions of the license granted before the commencement of the telecom regulatory authority of india (amendment) act ..... such the petition ought to be dismissed on this ground alone.11. the relevant provisions of the trai act, 1997 read as follows:11. functions of authority - (1) notwithstanding anything contained in the indian telegraph act, 1885 (13 of 1885), the functions of the authority shall be to- (b) discharge the .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)209; 74(1998)DLT282; 1998(46)DRJ557
..... for regulation of telecom services for orderly and healthy growth of telecommunication service apart from protection of consumer interests. to achieve these objects it was considered that the indian telegraph act,1885 be amended. accordingly the indian telegraph (amendment) bill,1995 was prepared. but the same did not see the light of the day. thereafter it was decided to have a regulatory authority which would be a ..... the government as licensing authority. if what the respondents contend is accepted it would amount to rewriting the provision of section 4 of the telegraph act. the legislature in its wisdom did not amend the indian telegraph act,1885. instead incorporated trai act,1997 which is a totally different legislation. legislature has not bestowed to this authority any power to grant licence. such powers of the government .....
Tag this Judgment!Court : Delhi
Reported in : 146(2008)DLT455
..... in order to holistically interpret the phrase 'telecommunication service' we have juxtaposed the definition in section 2(1)(k) along with 3(1aa) of the indian telegraph act, 1885 (telegraph act):2(1)(k)3(1aa)'telecommunication service' means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex ..... promotion of its orderly growth. 17. the proviso to section 2(1)(k) [reproduced above] was inserted vide telecom regulatory appellate authority of india (amendment) act, 2000 which came into operation on 24.1.2000. its sor speaks of the pressing need to strengthen and increase the investor's confidence in the ..... telecom sector and the endeavor to create a level playing field between public and private operators. this amendment act established tdsat for the purpose of adjudicating disputes between a licensor and a licensee, between two or more service providers, between a service provider and .....
Tag this Judgment!Court : Delhi
..... thereof finding a reflection in the agreement(s) dated may 10, 2010, between the parties.14. the indian telegraph act, 1885, as amended by act no.8 of 2004, with effect from april 01, 2002, vide section 3(1aa) defines telegraph to mean any appliances, instrument, material or apparatus used or capable of use for transmission or reception of ..... , notified on may 11, 2010, (a day after the supplementary agreement(s) dated may 10,2010 were executed) conferring the power which a telegraph authority possesses under the indian telegraph act, 1885. the order dated april 29, 2010 succinctly notes the route of the transmission line to be led and list the district in the state ..... obtained, and in case of private lands, as per law, which could be mutually agreed consent terms or as per the statutory provisions of the indian telegraph act, 1885.5. the parties were conscious that the execution of the works would require extensive preparatory work in the form of documentation for filing applications before .....
Tag this Judgment!Court : Delhi
..... thereof finding a reflection in the agreement(s) dated may 10, 2010, between the parties.14. the indian telegraph act, 1885, as amended by act no.8 of 2004, with effect from april 01, 2002, vide section 3(1aa) defines telegraph to mean any appliances, instrument, material or apparatus used or capable of use for transmission or reception of ..... , notified on may 11, 2010, (a day after the supplementary agreement(s) dated may 10,2010 were executed) conferring the power which a telegraph authority possesses under the indian telegraph act, 1885. the order dated april 29, 2010 succinctly notes the route of the transmission line to be led and list the district in the state ..... obtained, and in case of private lands, as per law, which could be mutually agreed consent terms or as per the statutory provisions of the indian telegraph act, 1885.5. the parties were conscious that the execution of the works would require extensive preparatory work in the form of documentation for filing applications before .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT407; 1981RLR668
..... telegraph line, appliance or apparatus arising between the telegraph authority and the person for whose benefit the line, appliance ..... , the respondent-company moved an application under section 20 of the arbitration act praying that the dispute between the parties fell within the ambit of section 7-8 of the indian telegraph act 1885, as amended from time to time, i (hereinafter referred to as the act), which provided for statutory arbitration in respect of disputes concerning any ..... in payment of the bill entails disconnection of the telephone concerned under rule 44-3 of indian telegraph rules and as such the dispute in question did not fall within the domain of section 7-b of the act. (3) the aforesaid contention of the appellant-union of india was, however, spurned by .....
Tag this Judgment!Court : Delhi
..... the constitution. he also challenges the two orders authorizing such interception as being violative of the indian telegraph act, 1885 (`act) read with indian telegraph rules (`rules) as amended by the indian telegraph (first amendment) rules 1999 [hereafter `the amended rules].2. the petitioner alleges that on 30th april 2005 he was illegally detained and ..... the constitution. he also challenges the two orders authorizing such interception as being violative of the indian telegraph act, 1885 (`act) read with indian telegraph rules (`rules) as amended by the indian telegraph (first amendment) rules 1999 [hereafter `the amended rules].2. the petitioner alleges that on 30th april 2005 he was illegally detained and ..... ) directions for interception of any message or class of messages under sub-section (2) of section 5 of the indian telegraph act, 1885 (hereinafter referred to as the said act) shall not be issued except by an order made by the secretary to the government of india in the ministry .....
Tag this Judgment!