Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... reads as follows: (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, 2000, (the authority shall) fix the terms and conditions of interconnectivity between service providers;". according to the counsel for appellants, the presence of the non- ..... under a statute applies uniform treatment to everyone or to all members of some group or class. the oil and natural gas commission, the life insurance corporation and industrial finance corporation are all required by the statute to frame regulations inter alia for the purpose of the duties and conduct and conditions ..... has no jurisdiction under the act to make such regulations which have the effect of amending, altering or modifying the terms and conditions of the telecommunication license, the appellants cite this tribunals judgement dated 27.4.2005 in appeal no.s 11 of 2002 (bsnl v. trai) and 12 of 2002 (mtnl v. trai) where .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... in the document would signify to a properly informed observer.) (b) businesslike interpretation. it is an accepted canon of construction that a commercial document, such as an insurance policy, should be construed in accordance with sound commercial principles and good business sense, so that its provisions receive a fair and sensible application. (see also the ..... they include the following: a presumption that the words in question should be construed in their ordinary and popular sense; that a commercial document, such as an insurance policy, should be construed in accordance with sound commercial principles and good business sense; that the commercial object of the contract as a whole, or the ..... 29.1, so clause 29.2 will not be attracted. in this case there was a provision for amendment to the agreement being clause 11 thereof. liability to pay rent cannot be on the basis of an act of a third party. considering the backdrop of events and in particular the factors laid down in gopa .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... notification no. 39 bearing order no. so 44e whereby and whereunder the scope of the expression telecommunication services (defined in section 2 of the trai act, as amended) was expanded to include the `broadcasting and cable services. consequently, trai became entitled to frame regulation in respect of cable and broadcasting services in the ..... conclusion as to what is the extent of jurisdiction of the appellate tribunal under section 14 of the act. suffice it to say, chapter iv containing section 14 was inserted by amendment of the year 2002 and the very statement of objects and reasons would indicate that to increase 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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... presently being provided to you. this notice may be treated as notice issued under section 4.1 of the telecommunication (broadcasting and cable services) interconnection (third amendment) regulation, 2006. the petitioner for the first time through a notice of its advocate dated 31.10.2009 replied to the said letter dated 14.10 ..... reserve bank of india vs. s. mani) (ii) 2006 13 scc 481(sreedhar govind kamerkar vs. yesahwant govind karmekar) (iii) 2007 13 scc 476 (oriental insurance co. v. premlatha shukla) there cannot be any doubt or dispute that whereas judicial admissions would be conclusive, the evidentiary admissions may not be. they are not because ..... undue influence, fraud, misrepresentation or mistake. section 15 which reads as under : 15. coercion defined.coercion is the committing, or threatening to commit, any act forbidden by the indian penal code (xlv of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... requested the trai to mediate in regard to their disputes and differences. by reason of the same, the parliaments intent, as reflected in the amendment of 1997 act in the year 2000 has not been sought to be nullified. when such an alternative disputes redressal mechanism is resorted to and a party not ..... in accordance with the trai determination dated 08.01.2001. 23. it is not in dispute that in fact, the dot also caused amendment in the licence in the year 2002, but it was given a retrospective effect and retroactive operation with effect from 25.01.2001. 24. while purporting to implement the aforementioned ..... vide the telecommunication interconnection (charges and revenue sharing) regulation, 2001 (5 of 2001) dated 14th december, 2001 to be made effective with effect from 31.01.2002. the regulation covers arrangements among service providers for interconnection charges and revenue sharing, for telecommunications services, including wireless in local loop with limited mobility {wll(m)}. .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... background for and the salient features of the impugned tariff order. 6. section 2 (k) of the telecom regulatory authority of india act, 1997 as amended by the telecom regulatory authority of india (amendment) act, 2000 defines ' telecommunication service' as follows: telecommunication service means service of any description (including electronic mail, voicemail, data ..... infirmity on account of which no reasonable man could come to that conclusion. .. chapter iv containing section 14 was inserted by an amendment of the year 2002 and the very statement of objects and reasons would indicate that to increase 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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... 25. this court in hitendra vishnu thakur and ors. v. state of maharashtra and ors. has culled out the principles with regard to the ambit and scope of an amending act and its retrospective operation as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary ..... discussion on the interpretation of a contract, we may refer to clear media (india) ltd. vs. prasar bharati and another petition no. 174 (c) of 2010. in united india insurance co. ltd. vs. m. k. j. corporation ltd. reported in 1996 (6) s.c.c. 428, it was opined :- after the completion of the contract, no material ..... given the same meaning as given in the statute as for e.g. section 11 (4) of the 1997. in balco employees' union (regd.) v. union of india, (2002) 2 scc 333 at page 373, it was opined :- 67. .... transparency does not mean the conducting of the government business while sitting on the crossroads in public. transparency .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... themselves registered with the private cellular service operators. by reason of a notification dated 24.1.2007, trai made an order known as the telecommunication tariff (44th amendment) order, 2007 which came into force on 15.2.2007. we may notice the relevant entries contained in the second schedule appended thereto:- schedule ii cellular ..... 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 of limitation provided by law is ..... licensees were, therefore, required to avail the services of the bsnl for obtaining links through ccs-7 signaling system. the respondent started its mobile service only in 2002. the private operators were also granted nld/ild licenses. those private operators including the petitioners herein, however, had not put in place their own ccs-7 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... service tier shall be receivable by any subscriber on the receiver set of a type existing immediately before the commencement of the cable television networks (regulation) amendment act, 2002 without any addressable system attached with such receiver set in any manner. as can be seen, this section does not proscribe or restrict the usage of ..... conferred by section 36 and sub clauses (ii), (iii) and (iv) of clause (b) of subsection (1) of section 11 of the trai act and has the effect of amending the principal regulation. section 11 (1) (b) (iv) stipulates that the functions of trai would be to "regulate arrangement among service providers of sharing ..... of india had issued the requisite notification on 31.7.2006. after due process, the authority issued the amendment regulation by virtue of the powers conferred upon it vide section 13 of the trai act. the explanatory memorandum to the impugned regulation states that the authority has, after carefully considering the feedback received from .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... limitation with which we are not concerned in the present case. the said decision was rendered keeping in view the avowed legislative purpose of the employees state insurance act. we are not concerned herewith construction of a beneficient statute. what is the substantive law, has been considered by a constitution bench of the supreme ..... within 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. ..... not bound by the indian law. the contract is also not governed by the indian law. in haridas exports v. all india float glass manufacturers' assn. - 2002(6) scc 600, it has been held: 57. in our opinion, the mrtp commission has no extraterritorial jurisdiction. the action of an exporter to india when .....
Tag this Judgment!