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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 1 of about 69 results (0.027 seconds)

Jul 11 2011 (TRI)

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-11-2011

..... 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

Decided on : Feb-04-2011

..... 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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Mar 31 2011 (TRI)

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

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-31-2011

..... 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

Decided on : Feb-04-2011

..... 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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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

..... submissions of mr.chawla in this regard is that in the event if it be held that the provision of section 70 of the indian contract act (the `act) is attracted for the period 30.9.2010 to 28.12.2010, keeping in view the factual matrix involved herein and in particular the statements ..... of the opinion that the same may not be of much relevance. it is one thing to say that the provisions of section 70 of the contract act as also the doctrine of restitution were required to be considered for the purpose of applying the correct principles of interpretation of statute, but it ..... 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. chawla, as noticed heretobefore, is that for the period september, 2010 to december, 2010, the petitioner ..... ), 50% of the agreed subscription fee should be held to be a reasonable amount. for the purpose of claiming compensation under section 70 of the contract act as also the doctrine of restitution, mr.chawla urged what is necessary to be found out is the extent of benefit derived by a party by ..... have been held to be only `direction of the regulator), it must be read in conformity with not only with the principal act but also the other parliamentary acts, like indian contract act, in the event it is found to be ambiguous. a statute must also be read reasonably. it has to be construed keeping .....

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Jul 27 2011 (TRI)

indusind Media Andcommunications Ltd Vs. City Cable Andothers

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... therefore, are of the opinion that the petitioner has not been able to prove any direct loss in terms of section 73 of the indian contract act or otherwise. conclusion for the reasons aforementioned these petitions are dismissed subject to observations made hereinbefore. but in facts and circumstances of this case ..... agent, what was contended was that the respondent no.1 would not be an agent within the meaning of section 182 of the indian contract act. in my opinion it may not be necessary to enter into the said controversy as in this case we are concerned only with the ..... agent or intermediatory in terms of the regulations is different from the definition of an agent within the meaning of the provisions of the indian contract act. whereas regulation 2(b) defines agent or inter mediatory to mean any person to make available the signals to a distributor of tv channels. the ..... no qualitative difference in the nature of the claim whether it be for liquidated damages 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 ..... on or on behalf of imc and thus they are not agents within the meaning of the provisions of sec 182 of the indian contract act. a brief analysis of statutes the question as to whether this tribunal has any jurisdiction to determine the issues between the parties must be .....

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Mar 17 2011 (TRI)

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

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-17-2011

..... enriched itself. 72. it could not have taken recourse to levy interest on a monthly compounded basis. 73. in a case where damage in terms of section 73 of the contract act is claimed, an endeavour should be made to mitigate the loss. 74. in absence of proof of sufferance of actual pecuniary damages, it shall be entitled to a minimum amount ..... a nld licensee. 56. power to claim damages must emanate either from a statute or a contract. in case of breach of the provisions of the contract, damages can be claimed only in terms of section 73 of the indian contract act. under section 73 of the indian contract act, the actual damages suffered by a contacting party by a reason of breach of provisions of ..... the contract by the other must be alleged and established. no legal fiction in relation thereto can be raised. for the purpose of claiming damages, the petitioner ..... s.b. sinha introduction whether for recovery of damages, a contracting party is required to take recourse to a statute or the contract or have to recourse to damages dehors the contract, is the question involved herein. background facts 2. the petitioner, a company registered and incorporated under the indian companies act, 1956, is engaged in the business of providing it and it enabled .....

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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

..... 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 contract act, naturally the plaintiff will have a duty to mitigate its damages but then the said principles may not apply where a third party is involved. in sriram vs. zee turner ..... 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 the charges only during subsistence ..... saved in terms of the proviso appended to clause 8.1 of the regulations and in any event for the said purpose the provisions of section 70 of the indian contract act cannot be made applicable and/or as the respondent has not accepted the agreement, it is not bound thereby. e) the petitioner could not have forced upon the respondent an ..... same to its consumers cannot be permitted to turn around and contend that it is not liable to make any payment therefor either in terms of the contract or under section 70 of the contract act. if it had not taken recourse to the remedies provided for by a statutory provision, it must thank itself therefor. it, in our considered view, cannot take .....

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Apr 21 2011 (TRI)

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

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-21-2011

..... abstinence of promise being the consideration therefor or the promissor has desired the petitioner to do something. if there was no consideration, section 25 of the indian contract act would be attracted. a permission to operate on hits platform need not be for no consideration. the teleport licence granted to the petitioner is different from the hits licence. the ..... to the trai at all. it could have done this at its whims or caprice. 107. the said permission having not granted under any contract being not for any consideration, it shall not be governed by the indian contract act. the impugned demand, therefore, cannot be sustained. 108. mr. mohit chadha would, however rely upon section 2 (c) and (d) of the indian ..... contract act, which read as under :- 2. interpretation-clause. in this act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (c) the person making the proposal is called the "promisor ..... an essential element of binding agreement. a definite price although need not be stated in the contract but it must be worked out on some premise as was laid down in the contract. a contract cannot be uncertain. it must not be vague. section 29 of the contract act reads as under : 29. agreement void for uncertainty. agreements, the meaning of which is not certain .....

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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

..... that the same was procured by coercion or fraud. whenever a coercion or fraud is to be proved within the meaning of the provisions of section 17 of the indian contract act, the same requires specific pleading. in this case, there is none. it may be true that the respondent had not made any reference to the said minutes of meeting in ..... whereas judicial admissions would be conclusive, the evidentiary admissions may not be. they are not because the same are excluded by section 58 of the evidence act but are subject to the provisions of indian contract 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 ..... made either by way of acknowledgment of debt or otherwise, the same must conform to the provisions of the indian limitation act, 1963. an admission made must also be held to be within the purview of the provision of the indian contract act to which we have made a reference heretobefore. reliance has also been placed on avadh kishore das vs. ram gopal ..... 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 of proving coercion so as to make a contract voidable as is required under section 19 of the indian contract act, in our opinion, the particulars thereof are required to be pleaded. except stating that the respondent had threatened .....

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