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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 1 of about 43 results (0.022 seconds)

Jan 05 2011 (TRI)

M/S Bala Cable Network M/S Bala Cable Network Vs. Channel Plus-tn

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-05-2011

..... matter admitted, but they may operate as estoppel under the provisions thereinafter contained. the word conclusive proof, in view of the provisions contained in the evidence act must be held to be as contra- distinguished from may presume and shall presume as also the definition of proved and not proved ..... 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, ..... high seas, causes b to enter into an agreement by an act amounting to criminal intimidation under the indian penal code (xlv of 1860). a afterwards sues b for breach of contract at calcutta. a has employed coercion, although his act is not an offence by the law of england, and although ..... section 506 of the indian penal code (xlv of 1860), was not in force at the time when or place where the act was done. for the purpose ..... act to which we have referred to. section 58 is required to be construed accordingly. the said legal position would appear from a judgment of a rajasthan high court in shantiman vs savitri devi reported in 2003 weekly law notes page 532. (see also jeevan ram shiv datt rai 2005 (199) ctr (calcutta .....

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Apr 13 2011 (TRI)

Cellular Operators Association of India and Others Vs. Department of T ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-13-2011

..... 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 ..... therefor, the central government in exercise of its statutory power was not denuded to pass a provisional order. even under section 14 of the general clauses act, a statutory authority may exercise his statutory power from time to time. furthermore, on a plain reading of the provision of sub-section (4) ..... providers to enter into an interconnection agreement, stricto sensu, was not and cannot be termed as exercise of power/jurisdiction under section 11 of the act. we have, however, some doubt as to whether the regulator understood the nature of its functions, which it had undertaken. a mediator cannot determine ..... determination dated 8.1.2001. that determination was a decision and was made by the trai in discharge of its function under the trai act. there is nothing in the interconnection regulation to suggest that determination dated 8.1.2001 of trai stood superceded. we have to give a ..... dated 11.4.02.). 20. the petitioner, in its rejoinder, annexed a directive issued by the trai, purported to be under section 13 of the act. 21. the respondent no.2 also in its reply stated :- 20. that, the authoritys determination on these six issues was issued on 8thjanuary .....

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Jun 03 2011 (TRI)

Espn Software India Pvt. Ltd Vs. Fastway Transmission Pvt. Ltd. and Ot ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-03-2011

..... the same cheaper. we may also in this connection notice a decision of the calcutta high court in great easter shipping co. ltd. vs. uoi reported in air 1971 calcutta 150, wherein section 70 of the contract act was invoked despite a finding that the contract between the parties thereto was void being ..... that no payment should be directed to be made after 28.12.2010. the statute the parliament enacted the telecom regulatory authority of india act, 1997 (the act), inter alia to protect the interest of the service provides as also the consumers of the telecom sector, to promote and ensure orderly growth ..... void contract would not attract the principles of section 23 of the contract act or the general principles of ex turpi causa non-oritur actio vis- -vis section 23 of the contract act. it has been noticed heretobefore that the calcutta high court in the case of british and shipping co. (supra) has ..... held that even in such a situation section 70 of the contract act shall be applicable. even otherwise, the submission of mr. ..... hit by the article 299 of the constitution of india. the learned judge construed section 70 in the light of the third para of section 73 of the contract act .....

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Jul 22 2011 (TRI)

Reliance Communications Ltd Vs. Bharat Sanchar Nigam Ltd

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-22-2011

..... reliance communication vs. bharat sanchar nigam ltd.] repudiation issue mr. chawla has placed strong reliance on pollucok and mullas indian contract and specific relief acts, the relevant paragraph whereof reads as under: the innocent party has an option to either accept the wrongful repudiation or to affirm its continuance. ..... that plea of limitation could not have been raised by respondent. in an original petition, this tribunal having regard to section 3 of the limitation act, 1963 was bound to apply the same, if it is otherwise applicable being a jurisdictional issue. [see petition no.211 of 2010 decided on ..... to be given in so many words. under certain circumstances, offerrees silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptance an agreement sub silentio. therefore, the terms of a contract between the parties can be proved not only by ..... pay an amount higher than the one prescribed by the trai. in any event undoubtedly, as envisaged under section 11(1)(b) of the trai act, 1997 the agreement in question was not an interconnection agreement. the supreme court of india recently in bharat sanchar nigam ltd. vs. reliance communications ..... contract 28th edition, the learned author has, upon referring to the case of amalgamated investment (supra), stated as under :- when the parties have acted in a transaction upon a common assumption (either of fact or law, whether due to mistake or misrepresentation) that a given state of facts is .....

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Jul 04 2011 (TRI)

Etisalat Db Telecom (P) Ltd Vs. Union of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-04-2011

..... between the parties affected. it cannot be varied by a mere agreement of the parties. 23. yet again, a similar view has been taken by the calcutta high court in shrimati bhavita jitendra mehta vs. sudera enterprises pvt. ltd. (2004) 122 comp. cases 361 in the following terms:- moreover, the ..... . merger or demerger, sanction of merger or demerger in accordance with the provisions of law more particularly section 391 to 394 of the companies act. 28. the said application was a very detailed one. the respondent by its letter dated 13.5.2009 granted a no objection certificate subject ..... the cause/dispute is inarbitrable, the court where a suit is pending, will refuse to refer the parties to arbitration, under section 8 of the act, even if the parties might have agreed upon arbitration as the forum for settlement of such disputes. the well recognized examples of non-arbitrable disputes ..... liabilities 22. the respondent, however, has not recognized the same. in this case, itself, we have noticed that the different circles of the dot acted differently. whereas the bihar circle accepted the renewed bank guarantee, the mp circle did not. the later while invoking the bank guarantee referred the question to ..... the petitioner companies, both the petitions are made absolute in terms of prayer clauses (a) and (b) of both petitions. all concerned authorities to act on a copy of this order alongwith the scheme, duly authenticated by the company registrar, high court, bombay. 6. the petitioner by a letter .....

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Feb 07 2011 (TRI)

Digital Infotainment Pvt. Ltd and Another Vs. M/S Anush Satellite N/W ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-07-2011

..... shall be paid in 90 days. this will happen in no more than 2 months. xxxx 30. the petitioner no.1 also lodged a police complaint against the said respondents for misappropriation of sum of rs.6,20,000/-. it again called upon them to pay the outstanding amount by letters ..... affixed on the business transaction agreement. it is stated by the learned counsel for the respondent that in terms of article 10 schedule ii of karnataka stamp act, the business transaction agreement was required to be stamped @ 7.5% of the amount of consideration mentioned therein and as the document (marked `x ..... reply or the affidavit of its witnesses that the said business transfer agreement was inadmissible in evidence in the terms of the provision of karnataka stamp act or otherwise. 37. we have mentioned this fact specifically because we may notice that on 23.3.2010, mr.vineet chandra sharma was examined and ..... call for an extra ordinary general meeting on july 8, 2009 contrary to the provisions of the shareholders agreement, articles of association and the companies act, 1956 is totally illegal and unacceptable. your conduct and attitude in running the affairs of dipl is very alarming and seems to be only motivated ..... or as a shareholder, joint venture partner, collaborator, consult or agent or through the relatives as defined in section 2 (41) of the companies act, 1956 of the anush group or in any other manner whatsoever, whether for profit or otherwise any business, which competes with the whole or any .....

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Aug 18 2011 (TRI)

M/S Kable First Davanagere P. Ltd and Another Vs. M/S. Cablenet and Ot ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Aug-18-2011

..... .2.2008, and, thus, this tribunal has no jurisdiction to determine the issues arising therefrom having regard to the provisions contained in sections 14 and 14 a of the trai act, 1997. this tribunals jurisdiction is inter alia confined to the disputes between two service providers in relation to the telecom activities of the parties which in view of the ..... losses, the petitioner no.2 would be forced to recover such losses from respondents 1 to 10, as it deems fit. the petitioners contend that the concerned respondents did not act in the interest of the affairs of the petitioner no.1 company and respondents no.2, 5, 6, 9 and 10 have been attempting to take link/feed/connection of ..... is not a case where having regard to the principles contained in order i rule 3 cpc, any right to obtain a relief arises out of the same act or transactions or series of acts or transactions and/or if separate suits were brought against such persons, any common question of law or fact would arise. order ii rule 3 cpc provides ..... s.b. sinha, j. the petitioners herein are companies incorporated and registered under the indian companies act, 1956. respondent no.1 is a partnership firm wherein originally the respondents no.2 to 5 and 7 were partners. the respondents no.6 and 8 to 10, however, joined .....

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Jan 17 2011 (TRI)

Den Networks Limited Vs. Multi Vision Network

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-17-2011

..... appear from the factual matrix involved, the question therein was as to whether the contract in question was to be performed in kanpur or calcutta. the said decision, therefore, has no application to the facts of the present case. when a claim is made in terms of section 73 of the ..... that the acceptance be communicated clearly and unequivocally is likely to mean that it is only where there has been a failure to carry out an act in relation to a party in breach that silence or inactivity will be sufficiently unequivocal for this purpose. where the silence or inactivity relates to the ..... supply of signals for the purpose of retransmission thereof of the channels of broadcasters stand on a different footing. the statutory scheme in terms of the act as also the regulations undoubtedly provide that the same must subserve the public purpose. the regulator as also this tribunal are enjoined with a duty to ..... there cannot be any departure from what has been ordained under order 6, rule 4. any allegation in a sweeping manner will hardly suffice for the court to act. in bishundeo v. seogeni rai, air 1951 sc 280, it is held as follows (at p. 283 of air) :-- "in cases of fraud, undue ..... the respondent an agreement on it contending that although the agreement is non-existent, by supplying signal unilateraly the provisions of section 70 of the indian contract act would be attracted. f) in the event the purported agreement dated 1.10.2007 is held to be valid, the respondent is bound to pay .....

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Jul 27 2011 (TRI)

M/S Indus Ind. Media and Communications Ltd Vs. Aashish Cable Net (Ind ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... name of petitioner. if that be so, petitioner was required to plead and establish (apart from continuity of the said agreement) that respondent has acted in breach thereof. in this connection we may notice the following statements made in paragraph 10 of the petition: 10..the non-payment of the ..... ii. 50. article i of the limitation act would be attracted when the account is mutual, open and current. there must also be reciprocity of demands. the petitioner having not sued for accounts and ..... in ordinary course of business. 48. it is in the aforementioned context we may notice articles i and ii of the schedule appended to the limitation act. 49. at one stage, mr. vasudev submitted that the agreement is a running and continuous one; later, however, the learned counsel also invoked article ..... cable operators are concerned. 45. mr. vasudev would urge that the statement of account fulfils the criteria laid down in section 34 of indian evidence act. we do not think so. 46. mr. satish kumar has stated about the accounts in paragraphs 3 and 4 of his affidavit. he verified ..... petitioner served a notice upon respondent which is to the following effect: this is to inform you that as per our arrangement with you to act as our distributor in charge of ensuring collection of subscription charges from the cable operators affiliated to our company in vashi (navi mumbai), you have .....

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Jul 11 2011 (TRI)

Scod 18 Networking Pvt. Ltd Vs. United Cable Services

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-11-2011

..... have the right to distribute the signals of some of the broadcasters and, thus, being in violation of the provisions of the copyright act, 1952, the police and other authorities initiated legal actions pursuant whereto one of the partners of the respondent mr.lakhvinder singh faced prosecution in a criminal case resulting ..... . even otherwise, no certificate has been issued in respect of the said cd as is mandatorily required under section 65 b of the indian evidence act. mr.mukund, therefore, in our opinion, is correct in submitting that no reliance can be placed thereupon. moreover, the said mr.lakhvinder singh ..... from the petitioner from november, 2008 without any demur whatsoever, the same itself goes to show that the terms of the agreement had been acted upon. mr.mukund would submit that if the contention of the petitioner that it had constantly been supplying good signals to the network of the ..... and except in some exceptional cases, effect thereto must be given by this tribunal. the provisions of section 91 and 92 of the indian evidence act cannot be disregarded by us, and thus, the contention of mr.mukund that the agreements stood modified because the supply of signals started in november, ..... was adjusted on account. the agreement entered into by the parties was in writing. in terms of sections 91 and 92 of the indian evidence act, therefore, no evidence is admissible for the purpose of contradicting, varying, adding to or subtracting from its terms. strong reliance has been placed .....

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