Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... under clause (b) of section 14, tdsat is empowered to hear and dispose of appeal against any direction and decision and order of the trai under the act. there is no limit imposed by the act on the exercise of power of the tdsat as an appellate body hearing appeal from the order of trai made under section 11(2) of the ..... case since the tribunal did not lay down that the licence conditions are not to be followed or that trai is not obliged to ensure compliance with licence conditions. 36. we have examined the relative contentions of both the parties. as indicated above, the respondent's contention is that the provision of dlc is already contained in the ..... that the dlc regulations have been issued by the respondent in exercise of the powers conferred upon it under section 36 of the trai act, read with sub-clauses (ii), (iii), (v) and (vi) of section 11 of the trai act and is in the nature of subordinate legislation and as such an appeal against the subordinate legislation is not maintainable .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... revised rio submitted by the respondent has inter alia been questioned on the following grounds :- (i) perverse and irrational; (ii) against the settled law; (iii) limits viewers choice; and (iv) undue haste besides the above general grounds reasonableness and/or validity some individual clauses have also been questioned which we will deal with ..... telephonic message, fax etc and the said information shall later be confirmed by the company through e mail and the dth operator shall be under obligation to act upon such information. 1. dth operators undertakes that the services shall be distributed through an addressable system only and shall ensure that : (i) the finger ..... will not be used, that assurance may in principle be admitted against the executive in proceedings in which the executive places a contrary contention, before a court. 36. a similar interpretation was rendered by lord hope of craighead in wilson v. first county trust ltd (no.2), wherein it was stated lwlr p. 600, .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... exception can be taken. if the breach of contract is qua contract, having regard to the provisions contained in section 14(a) of the specific relief act, 1963 as also section 41(e) thereof, no injunction can be granted. we may notice the said provisions: 14. contracts not specifically enforceable.-(1) the ..... court had no jurisdiction to entertain the suit. we may also notice the decision of the high court of bombay in rhodia limited, rhodia chemicals india limited and rhodia organique fine limited vs. neon laboratories limited - 2005(1) allmr 703 whrein it was opined:- 38. having heard the rival parties, the contentions of the ..... providing inter alia for the mode and manner in which interconnection between two service providers are to be governed. in exercise of the said power as also section 36 of the act, the trai made regulations known as the telecommunication (broadcasting and cable services) interconnection regulations, 2004, clause 1(ii) whereof reads thus: 1. short title, .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... background for these three appeals is broadly as follows. till 1994, telephone services were a monopoly of the department of telecommunications (dot) or mahanagar telephone nigam limited (mtnl), a public sector undertaking functioning in the cities of delhi and mumbai. to begin with, two private service providers each in delhi, mumbai, kolkata ..... regulatory authority of india is to ensure effective compliance of universal service obligation. the counsel further pointed out that according to section 2 of the trai act, it is open to the authority to notify different rates for different persons or class of persons for different telecommunication services. the counsel further referred ..... . his case is that the tariff in urban areas and metro cities being under forbearance, nothing prevented the bsnl from raising its charges in these areas. 36. the learned counsel for the cellular operators association of india (coai), dr. a. m. singhvi adopted the argument of the counsel for the 1st respondent .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of meeting would constitute an acknowledgement of liability and / or an admission must also be considered having regard to the provisions contained in the sction 18 of the indian limitation act, 1963. the said provision reads thus : 18. effect of fraud.where any person having a right to institute a suit or make an application has, by means of ..... of subscription fee being rs. 12/- and rs. 15/- per month per subscriber being not disputed, the amount of subscription fees on simple arithmetic would not be rs. 36,000/- per month but would be more than rs. 41,000/- per month. there is, therefore, no basis for the statement made by the petitioner that the subscription ..... it was not aware of the terms and the conditions thereof although in the said meeting it was agreed that the petitioner shall only pay a sum of rs. 36,000/- per month. 4. by reason of intermittent disconnection of supply of signal, the petitioner had suffered business loss which was encouraged by the respondent through its .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... under contract qua contract. the provisions contained in a contract so far their specific performance is concerned, are governed by the provisions of specific reliefs act, 1963. 28. section 14(1)(a) of the act states that a contract for the non-performance for which compensation in money is an adequate relief cannot not be specifically enforced. 29. section ..... actions, inactions and conduct as stated herein above have resulted in substantial damage to us to the tune of approximately rs.127 crores for various reasons including without limitation due to unfavourable tiering for viacom 18 channels and loss due to disruption of business. 8. this petition came for preliminary hearing on 19.07.2010 whence an ..... 5. in terms of the said agreement the petitioner was to receive a sum of rs.125 crores within the aforementioned period in the following terms:- (a) year 1- inr 36,00,00,00/- (rupees thirty six crores only) (b) year 2- inr 42,00,00.000/- (rupees forty two crores only) (c) year 3- inr 47,00 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... does not reflect the correct state of affairs vis-a-vis the entries made in the books of accounts. 43. the petitioner is a limited liability company incorporated and registered under the indian companies act. it must, therefore, be maintaining its books of accounts. no reason has been assigned as to why the books of accounts and in particular ..... keeping in view the fact that it filed forged agreement. (3) in any event a part of purported dues claimed by the petitioner is barred under the law of limitation. 16. before, however, adverting to the respective contentions of the parties we may notice that the purported agreement was valid for a period of six months; having been ..... would clearly go to show that the name of the distributor in the agreement which is said to have been entered into the said agreement has not been mentioned. 36. the purported agreement contains a signature but how and in what capacity the signature on behalf of the distributor has been put is also not known. 37. the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... 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)}. this regulation specifies revenue sharing arrangements @ rs.1.14 per mcu as access charges for calls originating in a cellular mobile service provider ..... of cellular operators. other petitioners were granted licences by the first respondent herein in terms of the provisions of section 4 of the indian telegraph act, 1885 (the1885 act). 3. indisputably, during the period in question namely 2001-2003, direct connectivity amongst the cellular operators was not permitted and calls used to be ..... enumerated in clause (b) thereof, besides tariff making power in terms of sub-section 2 of section 11 and regulation making power in terms of section 36 thereof. 47. it, however, is now well settled in view of several decisions of the supreme court of india as also this tribunal and in .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... allotment of gsm spectrum. he also referred to a letter of the dot dated 17.1.2008 which stated that 15 mhz was the present upper limit for the gsm spectrum. 36. according to the learned counsel, a contract need not necessarily be a written contract and that it can be oral or even be implied and ..... the decisions of this court dealing with the power of a court, exercising appellate power or original power, will have no application for limiting the jurisdiction of the appellate tribunal under the act. since the tribunal is the original authority to adjudicate any dispute between a licensor and a licensee or between two or more service ..... singhvi argued that subscriber linked criteria cannot be applied with retrospective effect and that the legal principle of retrospectivity is that it cannot be read even into an act unless it is specifically expressed or very clearly implied. the counsel pointed out that it is just not available for subordinate legislation, let alone executive orders. in .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... requisite approvals for issuance of the karnataka loi/licence to a second and separate entity, known as hughes ispat communication limited (hicl). dot recommended that this be implemented by way of a tripartite agreement to implement the issuance of the loi ..... (2) united dominions trust (commercial) v ennis (1967) 2 all e.r.345 (3) anglo auto finance co v james (1963) 3 all e.r.566 bridge (supra) has also been followed interalia by the australian high court in amiv-udc finance vs. ..... 91. it was, however, opined :- 10. there is no dispute that the expression 'telegraph' as defined in the act shall include telephones and telecommunications services. sub-section (1) of section 4 on plain reading vests the right of exclusive privilege ..... tribunal for electricity in lanco kondapalli power pvt. ltd. vs. haryana electricity regulatory commission, (2010) elr (aptel) 36 wherein it was held that the appellant had already accepted the tender documents unconditionally and loi was issued on 17.7.2008 .....
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