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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Page 1 of about 150 results (0.029 seconds)

Feb 11 2010 (TRI)

Bharti Airtel Limited Versus Bharat Sanchar Nigam Limited

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... court of india in fateh chand vs. balkishan das reported in air 1963 sc 1405 wherein tracing the history of section 74 of the indian contract act, 1872 vis- -vis the equitable remedies available to a party in a case where earnest money was sought to be forfeited; it was observed ..... furthermore, what would be the effect of such a mistake must be determined having regard to the provisions of the contract act. 34. it is not a case where the contract is sought to be terminated on the ground of a mistake. only a higher rate is sought to be enforced ..... all situations would only make the amount of compensation payable for breach of contract and would constitute only a civil liability and not a penalty. 90. section 74 of the indian contract act emphasizes that in case of breach of contract, the party complaining of the breach is entitled to receive reasonable amount ..... if they have committed a mistake, the same could be rectified. 32. indisputably, mistakes can be rectified. mistake may occur in entering into a contract. in the latter case, the mistake must be made known. if by reason of a rectification of mistake, except in some exceptional cases, as ..... of compensation whether or not, actual loss is proved to have been caused by such breach or not. therefore, the emphasise is on payability of reasonable compensation. if the compensation named in the contract .....

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Feb 12 2010 (TRI)

Tata Teleservices Limited and Another. Versus Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... plaintiff is entitled to reasonable compensation or the penalty stipulated for. the reason is that the sum or the penalty has been inserted in terrorem. section 74 of the indian contract act 1872. the meaning of the word penalty is well known. in d.p. mittals taxmanns law dictionary the term has been defined as under: the word penalty is a ..... of the license agreement dated 01.06.2004 is ultra vires art. 14 of the constitution of india as well as sections 23 and 74 of the indian contract act, 1872. (ii) the indian telegraph act, 1885 having provided for imposition of penalty and specified the maximum amount in respect thereof, no agreement could have been entered into for payment of any sum in ..... in india is concerned, there is no qualitative difference in the nature of the claim whether whether it be so liquidated or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty. under the ..... therefor. 18. if a penal clause is possible to be interpreted differently, an interpretation which favours the licensee should be preferred. illustration (d) appended to section 74 of the indian contract act, in this context deserves our attention which reads as under : (d) a gives b a bond for the repayment of rs. 1,000 with interest at 12 per cent. at .....

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Jul 11 2011 (TRI)

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... was unequivocally accepted in the following terms :- 50. the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under: 4. communication when complete- the communication of an acceptance is complete...as against the acceptor, when it comes to the knowledge of the proposer. ..... matrix involved herein although is not much in controversy, the issues involved herein give rise to some interesting questions of interpretation/application of various provisions of the indian contract act, 1872 (the act), we may briefly notice the factual matrix involved in this matter. 3. the union of india in terms of the provisions of section 4 of the indian telegraph ..... parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... held that the grant of loi and acceptance thereof by the grantee by itself was not sufficient to bring about a concluded contract. the conditions of the definition of contract as contained in section 2 (c) of the contract act, 1872 was required to be fulfilled. 150. if the petitioner and/or its predecessor in interest, in law could not have started .....

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Feb 04 2011 (TRI)

Jeet Enterprises Vs. Msm Discovery Pvt. Ltd. and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to set aside a decree on the ground ..... agreement has been explained by the `explanation appended to order xxiii rule 3 of the code to mean an agreement or compromise which is void or voidable under the indian contract act, 1872, to be deemed not to be lawful within the meaning of the said rule. the proviso appended to the said provision is self-explanatory. in terms of the proviso appended ..... towards the arrears in terms of sections 60 and 61 of the indian contracts act. (iii) the petitioner having not raised any pleading of undue influence and/or the lawfulness or otherwise of the agreement, the oral evidence adduced in this behalf must be held ..... behalf of the respondent, on the other hand, urged:- (i) having regard to the provisions contained in sections 91 and 92 of the evidence act, no oral evidence is admissible for variation of the terms of the contract. (ii) the proprietor of the petitioner -concern having made payments in terms of the mou, the respondent had the authority to appropriate the same .....

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Feb 11 2010 (TRI)

Bpl Mobile Cellular Limited and Others Versus Department of Telecommun ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... or the penalty stipulated for. the reason is that the sum or the penalty has been inserted in terrorem. section 74 of the indian contract act 1872. what would be the effect of a clause said to be in terrorem has been considered by the apex court in a number of ..... be punished with fine which may extend to fifty rupees.] the indian contract act, 1872 sections 73 and section 74 of the indian contract act read as under: section 73. compensation for loss or damage caused by breach of contract when a contract has been broken, the party who suffers by such breach is entitled to ..... 14 of the constitution of india. the question, however, whether the same is unconscienable and, thus, hit by section 23 of the indian contract act will depend on various factors including the bargaining power of the parties. as at present advised, although respondent is a stronger party, we do ..... the amended licence agreement being compensatory in nature must be held to be contravening the provisions of section 73 and section 74 of the indian contract act. (vi) the intent and purpose of introducing the penalty clause being to safeguard willful misdeclarations or under-declaration of revenue or fraudulent concealment of ..... article 14 of the constitution of india. (ii) the said provision in any event being wholly unconscienable is hit by section 23 of the indian contract act. (iii) the government of india through the dot had no authority to direct insertion of a penalty clause in the licences for telecom services. .....

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Aug 23 2010 (TRI)

Kumarina Investment Ltd Vs. Digital Media Convergence Ltd. and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... which one of the parties belongs, or the courts of a third or neutral country, are valid as they do not violate either ss 23 or 28 of the indian contract act, 1872; the rules of the code of civil procedure 1908, and the principle that parties cannot by consent confer jurisdiction on a court which does not have jurisdiction, do not apply ..... ors. - air 1957 patna 256, whereupon mr.vaidyanathan placed reliance, ramaswami, cj (as the learned judge then was) in a case involving the provisions of section 128 of the indian contract act, namely, a suit against surety wherein guarantees have been furnished and which suit had been decreed in regard to the question as to whether the decree passed against the surety ..... not be party to a breach of an agreement. such an agreement is not contrary to public policy nor does it contravene section 28 or section 23 of the contract act. the international commercial contracts are being entered into these days very frequently. the jurisdiction of a court situated in a particular country is required to be determined having regard to various factors ..... as the matter relating to conferment of jurisdiction exclusively in one of the forums must be determined having regard to the provisions of the contract and not otherwise. a contract wholly governed by the indian contract act and an international contract where it is not, stand on different footings. before, however, rendering a detailed discussion on the said subject, we may notice some decisions whereupon .....

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May 28 2010 (TRI)

Channel Plus (A.P.) Chennai Versus Palanati Satyanarayana Chanti Netwo ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... evidence despite the said purported memorandum of understanding dated 22.5.06 in terms of proviso 3 and 4 appended to section 92 to the indian contract act, 1872. the learned counsel has furthermore drawn our attention to that part of the pleading wherein it had been averred that the respondent, keeping in ..... not a case where the nature of the document is in question. the respondent has merely pleaded different terms of the contract, and not the validity thereof or the nature of transactions. no fraud has been alleged. in fact as noticed hereinbefore, the respondent in his ..... respondent, on the other hand, would contend that the memorandum of understanding dated 25.5.06 would not indicate that by reason thereof, a binding contract had come into being. the learned counsel urged that the subscription agreement merely shows a figure of 5250 being the subscriber base, subject, however, to ..... or giving such adjustment, the petitioner started harassing me for payment. i realized that i could not survive in this business as the petitioner would never act fairly with me and without such fairness and signals of the petitioner there is no chance of my survival. i, therefore, sold my business to ..... evidence to be taken on record in derogation of terms and conditions thereof. the 3rd and 4th provisos appended to section 92 of the indian evidence act, in our opinion, cannot be said to have any application in the instant case. it does not refer to a subsequent event. it is .....

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May 28 2010 (TRI)

Channel Plus (A.P.) Chennai Vs. Palanati Satyanarayana Chanti Network, ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... evidence despite the said purported memorandum of understanding dated 22.5.06 in terms of proviso 3 and 4 appended to section 92 to the indian contract act, 1872. the learned counsel has furthermore drawn our attention to that part of the pleading wherein it had been averred that the respondent, keeping in view ..... not a case where the nature of the document is in question. the respondent has merely pleaded different terms of the contract, and not the validity thereof or the nature of transactions. no fraud has been alleged. in fact as noticed hereinbefore, the respondent in his ..... the respondent, on the other hand, would contend that the memorandum of understanding dated 25.5.06 would not indicate that by reason thereof, a binding contract had come into being. the learned counsel urged that the subscription agreement merely shows a figure of 5250 being the subscriber base, subject, however, to ..... or giving such adjustment, the petitioner started harassing me for payment. i realized that i could not survive in this business as the petitioner would never act fairly with me and without such fairness and signals of the petitioner there is no chance of my survival. i, therefore, sold my business to ..... to be taken on record in derogation of terms and conditions thereof. 32. the 3rd and 4th provisos appended to section 92 of the indian evidence act, in our opinion, cannot be said to have any application in the instant case. it does not refer to a subsequent event. it is .....

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Mar 31 2011 (TRI)

Espn Software India Pvt. Ltd. and Another Vs. Wire and Wireless India ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to ..... by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed ..... in a certain sequence, one of the parties to the contract cannot require compliance with ..... the obligations by the other party without in the first instance performing his own part of the contract ..... 2010 to august, 2010. the promises between the parties were reciprocal. in view of the provisions contained in section 52 of the indian contract act, the settlement was a comprehensive but a conditional one. they were required to be performed as expressly stipulated under the mou. the respondent has .....

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Feb 04 2011 (TRI)

Scod 18 Networking Pvt. Ltd. Vs. Sahara Sanchar Ltd. and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... severally liable to make payments, if any, to the petitioner; and c) what were the terms of contract, if any, between the parties? agency issue : agency is dealt with in chapter x of the indian contract act 1872, being sections 211 to 238. an agent has certain duties towards its principal. it has a duty in ..... both the respondents were not liable and/or the respondent no. 2 cannot be sued having regard to the provisions contained in section 230 of the indian contract act. so far as the petitioner is concerned, the situation was uncertain. it did not know the internal arrangements between the respondents inter se. although it ..... navin chawla, the learned counsel appearing on behalf of the respondent no. 2, submitted :- a) having regard to the provisions contained in section 230 of the indian contract act, an agent cannot be sued in his individual capacity. b) the respondent no. 2 being not a service provider as it does not retransmit any signal for ..... compensation for injury caused by reason of principals neglect. sections 226 to 238 provide for the effect of agency on contracts with third parties. we may notice section 230 of the indian contract act whereupon reliance has been placed by mr. chawla, but before we do so, it may also be noticed that in ..... case must be held to be non-existent. f) in the facts and circumstances of this case, section 65 of the indian contract act cannot be said to have any application, as the respondent no. 2 did not execute any agreement. g) the term of the .....

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