Judgment Search Results Home > Cases Phrase: telecom regulatory authority of india act 1997 24 of 1997 section 14d term of office Page 1 of about 538 results (0.127 seconds)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... illustratively, section 14d of the telecom regulatory authority of india act, 1997 provides a member of telecom disputes settlement and appellate tribunal shall not hold office after attaining the age of sixty-five years, whereas, section 55(1) of the consumer protection act, 2019 provides that a member of the national consumer disputes redressal commission shall not hold office after attaining the age of sixty-seven years. ..... notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the presiding officer of the industrial tribunal appointed by the central government under sub-section (1) of section 7a, shall, after the commencement of part xiv of chapter vi of the finance act, 2017, be governed by the provisions of section 184 of that act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed .....

Cellular Operators Association of India and Others Versus Department o ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... grant of a license would include such sum attributable to the universal service obligations as may be determined by the central government after considering the recommendations made in this behalf by telecom regulatory authority of india established under sub-section 1 of section 3 of telecom regulatory authority of india act 1997 (1997 act). ..... party to the contract cannot at a later stage, while the contract was being performed, impose terms and conditions which were not part of the offer and which were based upon unilateral issuance of office orders, but not communicated to the other party to the contract and which were not even the ..... respondent to increase the spectrum charges flows from section 4 of the act and the petitioners having accepted the terms of contract, the impugned orders are wholly unassailable ..... of law that when a matter is governed by a contract, the parties must be ad-idem in regard to variation and/or novation of the terms and conditions thereof which would include the charges payable by one party to the other in terms thereof unless there exists any provision therefor in the contract itself or in any provision of statute governing the field. ..... so, it, relying on or on the basis of the purported office orders which are not backed by any statute, new terms of contract could (sic not be) thrust upon the other ..... if no interest or penalty could be levied in terms of the provisions of the contract, the purported office orders, which have no force of law, would not make .....

Union of India Vs. Association of Unified Telecom Service Providers of ...

Court : Supreme Court of India

..... however, thereafter when the department raised the demands on the service providers, in the year 2003 the association of basic telecom operators and respective telecom operators filed a petition before the telecom disputes settlement and appellate tribunal, new delhi (hereinafter referred to as the tdsat') under section 14(a)(i) read with section 14(a) (1) of the telecom regulatory authority of india act, 1997 (hereinafter referred to as the "trai act") being petition no.07 of 2003. ..... the stand of the dot is that if this is permitted, every tsp/licensee in india would have branch offices in other parts of the world and would treat majority of the international income of the licensee as having been generated in the branch office outside the country and would not take it into account from calculation of gross revenue for payment of licence fee. ..... with respect to commission and discount allowed to distributors on sale of pre paid vouchers, the tribunal has held that if the sale and invoicing is on maximum retail price (mrp) and if any discount is given separately then in terms of clause 19.1, such discount is not deductible even if the revenue booked in the profit and loss account is after netting off the discount. ..... it could not be said that the situation would not affect the profitability of the company since the revenue is generated in the branch office of the company but will affect the calculation of gross revenue as only a repatriated amount would be taken for calculation. .....

Computer Sciences Corporation India Pvt. Ltd. Vs. Department of Teleco ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... this tribunal, however, has been constituted in terms of the telecom regulatory authority of india act, 1997. ..... learned senior counsel appearing on behalf of the petitioner, would contend :- (i) keeping in view the expansive nature of the telecom activities in this country in terms of various statues operating in the field; and in particular, the 1885 act as also national telecom policy,1999, the registration of isp-i and osp should be considered to be a licence within the meaning of section 4 of the 1885 act; (ii) the arbitration agreement entered into by and between the parties hereto cannot be resorted to having regard to the jurisdiction ..... of this tribunal, which is itself an expert body; (iii) having regard to the fact that the petitioner has a right of way, the petitioner cannot be said to have committed any error, whatsoever, in taking its cable across the street for connecting its offices and in view of the ..... with registered office at c-24/25, sector 58, noida-201301 is registered as infrastructure provider category i (ip-i) to establish and maintain the assets such as dark fibre, right of way, duct space and tower for the purpose to grant on teas/rent/sell basis to the licensees of telecom service license under section 4 of indian telegraph act, 1885 on mutually agreed terms and conditions. .....

Noida Software Technology Park Ltd. Vs. Ministry of Information and Br ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... parliament has also enacted the telecom regulatory authority of india act, 1997 (the 1997 act) wherein the telecommunication service was defined as under :- 2(k) telecommunication services means service of any description (including electronic mail, voice mail, data service, audio tex services, video tex services, radio paging, and cellular ..... (vii) the guidelines issued by the respondent cannot be said to be arbitrary in as much as :- (a) it has been issued in terms of the proviso to section 4 of the act empowering the licensor to lay down the terms and conditions for consideration of grant of licence; (b) it obtained the recommendations of a expert body, in terms of the provision of the statute; (c) the government must be compensated for parting with a valuable right. ..... we may also notice the definition of the following term :- [3][(a) authorised officer means, within his local limits of jurisdiction;- (i) a district magistrate, or (ii) a sub-divisional magistrate, or (iii) a commissioner of police, and includes any other officer notified in the official gazette, by the central government or the state government, to be an authorised officer for such local limits of jurisdiction as may be determined by that government;] (d) company means a company as defined in section 3 of the companies act, 1956; (1 of 1956). .....

Sun Tv Limited Vs. Tata Sky Limited and the Telecom Disputes Appellate ...

Court : Chennai

Reported in : (2007)5MLJ277

..... as under:a tata sky limited ('tata' for short), the first respondent herein had filed a petition under section 14 of the telecom regulatory authority act of india, 1997 in petition 291(c) before the telecom dispute appellate tribunal (in short 'the tribunal'), the second respondent herein seeking the relief of declaration that sun tv limited (in short 'sun tv'), the petitioner herein, is a defaulter in terms of government of india order dated 01.06.2005 for having refused access of the channels on a non-discriminatory basis to tata as laid ..... on dth platform; in the absence of fixation of rate by the trai, tata should pay the rate fixed by sun tv and there was no cause of action for tata to approach the tribunal; as per 3.6 of the telecom interconnection regulation act, 2004, the broadcaster has to provide tv signals or turn down the request and such denial of request will enable the distributor to agitate the matter in the appropriate forum and there is no denial of request on the ..... learned senior counsel, appearing for the appellants contends that the order passed by the appellate authority holding that the eviction petition was maintainable and that section 15 of the act was not a bar, does not operate as res judicata ..... . in the instant case, admittedly, while the petitioner is having its registered office in chennai and carrying on its business in chennai, the first respondent is having its office in new delhi and also the tribunal which has passed the impugned orders is housed in new .....

Clear Media (India) Pvt. Ltd. Vs. Prasar Bharti and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... event of any question, dispute or differences arising under this agreement or in connection thereof, except as to the matter, the decision of which is specifically provided hereunder, shall, subject to the telecom regulatory authority of india act, 1997, be referred to sole arbitration by the secretary, department of legal affairs, government of india or his nominee ("arbitrator"). ..... the preamble of `the act reads as under:- an act to provide for the establishment of the telecom regulatory authority of india to regulate the telecommunication, and services, and for matters ..... 2.10.2 upon deposit by the successful bidders of the balance 50% of their respective financial bids within a period of seven days from date of announcement of successful bidders by the government of india and on fulfillment of other eligibility conditions within the prescribed period, the successful bidders will be issued a letter of intent (loi) in the format, to be prescribed separately, along ..... no reason to restrict the expressions licensor or licensee occurring in section 14(a)(i) of the act and to exclude a person like the respondent who had been given a letter of intent regarding the karnataka circle, who had accepted the letter of intent but was trying to negotiate some further terms of common interest before a formal contract was entered into and the work was ..... no mistake apparent on the face of the records is borne out by the fact that even the officers wanted clarification from higher officers. .....

Bharat Sanchar Nigam Limited and Another Versus Telecom Regulatory Aut ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... we also hold that trai does not have any power to override or amend/modify/add to the licence conditions and that the domestic leased circuit regulations, 2007 are violative of the provisions of the telecom regulatory authority of india act 1997. 51. ..... the subsection 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-obstante clause in this sub-section is a clear indication that the power to fix the terms and conditions is only in respect of the licences issued prior to the year 2000, while the counsel for respondent contends that this power is available both in respect of licenses issued prior to or after 2000. ..... it quotes a study conducted in september 2004 by the office of telecommunications authority, hong kong which stated that "competition in llc markets is generally slower because it is affected by the pace at which new entrants build up their networks. ..... 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 of service of officers and other employees. .....

M/S Polimer Channel Vs. M/S Sumangali Cable Vision (Scv)

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... the parliament also enacted the telecom regulatory authority of india act, 1997 (the 1997 act). ..... directions were issued by the telecom regulatory authority of india (trai) in exercise of its power conferred on it under section 11(1) b thereof (the regulations ..... authorized officer can take action against the registered cable operator as per the cable tv act in case of violation of any of the provision of the rules and the act. ..... local cable channels run by operators/companies which are not registered as cable operators are illegal and action can be taken by authorized officer against such erring cable operator. 2. ..... it is not in controversy that the petitioner is a registered cable operator having obtained a certificate from the head post office, coimbatore granted to it on or about 7.4.2010 for the period from 4.1.2010 to 3.1.2011, its registration no ..... the application shall be addressed to the registering authority and delivered to his office in form 1. ..... the term channel has been defined in sub-section 9(c) of section 4a of the 1995 act to mean :- channel means a set of frequencies used for transmission of a ..... (4) the amount of fee shall be deposited in the head post office where the application for registration or renewal of registration or issue of duplicate certificate of registration is being ..... the petitioner, therefore, immediately contacted the officers of the respondent; however, not getting any answer for such conduct, also complained about it by way of telegrams dated 06.04. .....

Orissa Power Generation Corpn. Ltd. Vs. Orissa Electricity Regulatory ...

Court : Orissa

Reported in : AIR2005Ori125

..... was raised before the delhi high court was whether the telecom regulatory authority of india has the power to issue any regulation which affects the rights of individuals under contracts or which seeks to override the terms and conditions of licenses issued by the central government to various parties and the delhi high court on examination of the provisions of the telecom regulatory authority of india act, 1997, and in particular section 11 thereof, held that the telecom regulatory authority of india had only recommendatory functions and powers qua the central ..... charge of the business and in such capacity as receiver cannot break the contracts, we are of the view that the chief executive officer, cesco was required to discharge the contractual obligations of cesco but the commission by an interim order passed under sections 28 and 30(3) of the act, 1995 could relieve the chief executive officer, cesco from such contractual obligations for the purpose of ensuring continuity of supply of electricity to the consumers and securing compliance with the ..... 7.5 crores from the escrow account to enable him to meet the additional expenses of cesco's undertaking and thereafter again by order dated 3-11-2001, the commission allowed the chief executive officer, cesco to appropriate from the receivables of cesco, within a fixed limit, an amount necessary for meeting expenses on account of salaries, wages, statutory dues of employees of the undertaking and other administrative and maintenance .....