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indusind Media Andcommunications Ltd Vs. City Cable Andothers

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... judicial pronouncement no further proviso can be added taking away jurisdiction of tdsat except mrtp, individual consumer disputes and dispute falling under section 7b of the indian telegraph act, 1885. even otherwise jurisdiction of arbitration is barred by necessary implication. provisions of section 89 of the code of civil procedure has no application inasmuch ..... a special law, which will govern, and it overtakes general law, i.e., arbitration act, 1996. also, trai act, being the later act (tdsat was constituted by the amending act of 2000) has precedence over the earlier act which is the arbitration act, 1996. the principle of generalia specialibus non derogant has been referred to in a judgment ..... a creature of a statute. its jurisdiction is also conferred by a statute. the purpose of reation of tdsat has expressly been stated by parliament in the amending act of 2000. yet again in hathway media vision pvt ltd v. spider cables, petition no. 99(c) of 2009 disposed of on 28th may, 2009, .....

K.L. Singhal Vs. Mahanagar Telephone Nigam Ltd.

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... october, 1994. further, rule 457 of the indian telegraph rules, 1951, relied upon by the respondent lays down that : 457. general any telephone directory provided by the department shall remain its exclusive property and shall be delivered to it on demand. the department reserves the right to amend or delete any entries in the telephone directory ..... for seeking and obtaining information. (emphasis supplied) in view of the observations made above by the national commission, and express provisions of rule 457 of the indian telegraph rules, 1951, we cannot hold the respondent liable to pay compensation to the appellant. thus, we do not find any reason to interfere with the well- ..... m.t.n.l. 2. briefly stated, the facts are that the appellant had filed a complaint under section 12 of the consumer protection act, 1986 (hereinafter referred to as the act), before the district forum, averring therein that the telephone no. 516849 had been installed at his old residence at 11, ram nagar, paharganj, .....

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1951All257

..... it would, in our opinion, probably be going too far to say that in the circumstances of today section 18 of the indian railways act, section 4 of the indian post office act and section 4 of the indian telegraphs act are invalid because they prohibit, or tend to prohibit, the carrying on of certain occupations, trades or businesses by citizens, we ..... appeal by any person aggrieved by 'the refusal of renewal of a permit.' reference was also made to section 64a of the motor vehicles' (united provinces amendment) act, 1948 (u.p. act xi [11] of 1948), which provides for some sort of an appeal to the provincial government which may, on its own motion, or on the ..... the renewal of existing permits. it further provided that no appeal by a person aggrieved by the cancellation of a permit should be entertained. the passing of this amending act shows that, at that time, the legislature had not the intention of creating a state monopoly. the scheme for which provision was made in section 68a never, .....

Cellular Operators Association of India and ors. Vs. Union of India (U ...

Court : Supreme Court of India

Reported in : (2003)3SCC186; [2002]SUPP5SCR222

..... in sub-section (1) of section 7b of the indian telegraph act, 1885 (13 of 1885);(b) hear and dispose of appeal against any direction, decision or order of the authority under this act.according to the counsel appearing for the appellants that the original act was amended in the year 2000 and chapter iv was inserted, ..... of a statute. its jurisdiction is also conferred by a statute. the purpose of creation of tdsat has expressly been stated by the parliament in the amending act of 2000. tdsat, thus, failed to take into consideration the amplitude of its jurisdiction and thus misdirected itself in law.28. the learned attorney general ..... the investors' confidence and to create a level playing field between the public and the private operators, suitable amendment in the telecom regulatory authority of india act, 1997 was brought about and under the amendment, a tribunal was constituted called the telecom disputes settlement and appellate tribunal for adjudicating the disputes between a licensor .....

M/S. Fly Wings Travels (P) Ltd. Vs. Mahanagar Telephone Nigam Ltd. and ...

Court : Delhi

Reported in : AIR1995Delhi71

..... the award dated 13-2-1993 (annexure-21) given by respondent no. 2 as an arbitrator appointed under s. 7-b of the indian telegraph act, 1885 (as amended) (hereinafter referred to as the 'act') by respondent no. 1 vide letter no. mtnl/ sectt/793 dated 14-10-1992 to adjudicate the dispute arisen in respect of telephone ..... dispute or generally for the determination of disputes under this section. (2) .....' it is apparent from s. 7-b of the act that if any dispute arises between a subscriber and the telegraph authority in regard to payment of telephone bills that shall be referred to an arbitrator to be appointed by the central government. in ..... arbitrator in fact has been admittedly appointed.5. section 7-b of the act reads as under :'7-b. arbitration of disputes.-- (1) except as otherwise expressly provided in this act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is .....

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

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. .....

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... as people s education society as an unlawful association and also declaring as unconstitutional, section 15(2)(b) of the indian criminal law amendment act, 1908, as amended by the indian criminal law amendment (madras) act, 1950. while upholding the judgment of the madras high court, this court indicated as to how the test of reasonableness ..... weaker sections of society are not exploited, was underlined.97. tapping of telephones in exercise of the power conferred by section 5(2) of the indian telegraph act, 1885 became the subject matter of challenge in people s union for civil liberties (pucl) vs. union of india100. this court held that conversation ..... of defamation, malicious prosecution and malicious arrest, (b) any claim arising out of the operation of quarantine law, (c) existing immunity under the indian telegraph act, 1885 and indian post offices act, 1898, (d) foreign torts. (the english provision may be adopted.)145. it appears that based on the first report of the law commission, .....

Kunwar Vir Rajindra Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : AIR1963P& H461

..... away with the paramountcy so far as the british crown is concerned as regards the indian states. in view of the indian independence act, 1947, the government of india act, 1935, was amended. section 6 of the amended act is in these terms:6--(1) an indian state shall be deemed to have acceded to the dominion if the governor-general has ..... before the dominion legislature and all courts shall take judicial notice of every such instrument and ac-teptance.'in the amended act, sections 2, 3, and 285 to 287 were omitted. so also from section 311, the definition of 'indian state' and 'ruler' were omitted. under section 5, the dominion of india came into being. -the ..... provisions of any such agreement as is therein referred to which relate to customs, transit and communications, posts and telegraphs, or other like matters, until the provisions in question are denounced by the ruler of the indian state or person having authority in the tribal areas on the one hand, or by the dominion or province .....

Gujarat State Fertilizers Co. Ltd. Vs. Deepak Nitrite Ltd.

Court : Gujarat

Reported in : AIR1979Guj83; (1979)0GLR306

..... behalf of the electricity board that the petition filed by the respondent on march 10, 1972 before the district judge, tellicherry under s. 16(3) of -the indian telegraph act, 1885 claiming enhanced compensation for removal of trees standing on his property for purposes of laying electrical line was clearly time barred under art. 137 of the limitation ..... in the context of an application made to the labour court under s. 33-c(2) of the industrial disputes act that ' there was no reason to hold that the subsequent amendments of arts. 158 and 178 of the limitation act, 1908 had the effect of altering the long acquired meaning of art. 181 on the sole and simple ground ..... that after the amendment the reason on the old construction was founded was no longer available and the view expressed by .....

The South India Corporation (P) Ltd. Vs. the Secretary, Board of Reven ...

Court : Supreme Court of India

Reported in : AIR1964SC207; [1964]4SCR280; [1964]15STC74(SC)

..... impugned assessments fall within the said period. nor do we find any force in the contention that as art. 278 was omitted by the constitution (seventh amendment) act, 1956, the agreement entered into in exercise of a power thereunder automatically came to an end and thereafter the power of the state to levy the ..... or by usage, and whether relating to 'federal' revenues and taxes generally present or future, or to specific matters such as railways, customs, posts and telegraphs, opium, salt, etc. will terminate and must be extinguished. thereafter, their constitutional position in respect of these matters should be the same as that of provinces ..... imposing sales tax in respect of 'works contracts'. 2. the undisputed facts may briefly be stated. the appellant is a private limited company incorporated under the indian companies act. the principal office of the company is at mattancherry. it carries on business in iron, hardware, electrical goods, timber, coir, engineering contracts etc. in .....