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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 3 of about 69 results (0.038 seconds)

Apr 21 2011 (TRI)

Ccn Entertainment (India) Pvt. Ltd. Vs. Msm Discovery India Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-21-2011

..... case, the resources to be leased out were subject to agreement. the terms were to be mutually agreed upon. the terms of contract, in terms of section 8 of the contract act, fructified into a concluded contract. once a concluded contract was arrived at, the parties were bound thereby. if they were to alter or modify the terms thereof, it was required to ..... ) 1 scc 12, it was held:- 47. novation, rescission or alteration of a contract under section 62 of the indian contract act can only be done with the agreement of both the parties of a contract. both the parties have to agree to substitute the original contract with a new contract or rescind or alter. it cannot be done unilaterally. in mukesh k. tripathi v ..... purposes of novation of the contract. section 62 of the indian contract act reads as under:- 62. effect of novation, rescission, and alteration of contract - if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. a novation of contract requiring ad idem of mind of the contracting parties, therefore, must be ..... agreement or by necessary implication which would negate the application of the doctrine of acceptance sub silentio. if the parties had entered into a valid contract, they were bound thereby; they could not have acted contrary to the terms thereof. we may furthermore notice that admittedly despite the purported acceptance of the ird boxes by shri kamal agarwal, the petitioner .....

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Jun 03 2011 (TRI)

M/S Hathway Space Vision and Others Vs. Vivekanand Rao and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-03-2011

..... the respondent no.1 to prove the same. it may be true, that having regard to the provisions of section 70 of indian contract act, a party to a quasi contract must restore the benefit received from the other party. it is, however, not a case where supply of any goods or services ..... operator and the consideration for supply of signals to its network was fixed, the question of invoking the principles of quasi contract as envisaged under section 70 of the indian contract act would not arise. it is true, that the respondent no. 1has not been able to establish that the respondents and/ ..... petition no.248 (c) of 2009 decided on 9th july, 2010 upon noticing some decisions of the english courts and other authorities on the law of contract, it was held that: it is in the aforementioned situation, the subsequent conduct of the respondent attracting the doctrine of estoppel by convention is ..... arrangement(s) with the partnership firm which per se has nothing to do with the terms of the deed of partnership. illegality of such a contract has not been pleaded. effect of such an arrangement also has not been pleaded. indisputably there is no written agreement. admittedly again the respondent ..... mr kathpalia, namely that the same is barred under sections 91 and 92 of the indian evidence act. section 91 of the evidence act forbids adduction of evidence in proof of the terms of a contract except the document itself or secondary evidence of its contents. the said provision provides for certain exceptions .....

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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

..... our considered opinion neither article i nor article ii of the schedule appended to the limitation act would apply. 51. the relationship between a principal and an agent would be governed by chapter x of indian contract act. in terms of the agreement of 1999, the respondent could only accept cheques drawn ..... proof was on the respondent; the primary onus of proof, having regard to the provisions contained in section 102 and 103 of the indian evidence act, 1872, being on petitioner, this petition must fail as having not been established. 63. moreover, this petition having been filed only on 24.4.2009 ..... in the 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 ..... that the agreement is a running and continuous one; later, however, the learned counsel also invoked article 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 ..... 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 .....

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Jul 07 2011 (TRI)

Hotel Airlines International and Another Vs. Telecom Regulatory Author ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-07-2011

..... no.3 claimed itself to be the distributor of the broadcaster. it, therefore, was supposed to know with whom the broadcasters had entered into contracts having the requisite authority to supply signals. it was also supposed to know the areas of operation of the respective msos and the fact as ..... this behalf but no action has been taken against them, although it was at one point in time, the same was contemplated. 16. the contracts with the said msos have been renewed without any demur, whatsoever. they have been continuing to do so since 2003. although the respondents ..... we did not terminate them and made separate agreements with them with a clause that hotels and commercial establishments would not be served in the same contract and they would have to pay separately. q: after that did hathway and incable continue to supply to hotels and commercial establishment despite such an ..... each of these cases being broadcasters is governed by the provisions of the 1995 act and the 1994 rules. they would also be governed by the provisions of the act. 56. the respondents no.2, indisputably, had entered into contracts with the msos who have every right to retransmit the channel. in some ..... is held that the msos have committed breach of contract, the broadcasters will have two remedies. 1. condone the breach and continue the contract or claim damages therefor; 2. terminate the agreement and/or claim damages. the provisions of the 1995 act and the tariff orders as also the regulations framed .....

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Apr 13 2011 (TRI)

Kansan News Pvt. Ltd. Vs. M/S. Fastway Transmission Pvt. Ltd. and Othe ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-13-2011

..... perpetuity. it was observed (air @ p. 3438) : 59. ..in view of the personal nature of the service and relationship between the contracting parties, a contract of agency/management such as the one entered into between the appellant and respondent no.1 is incapable of specific performance and to enforce the performance ..... writing on either side. a similar provision may be incorporated by implication, or by the usage of trade. at common law, for instance, a contract of employment may be terminated by reasonable notice by either party, the length of the notice depending upon the nature of the employment and the ..... agreement itself. on a reasonable construction of the agreement in hand i hold that other party to the agreement was entitled to terminate the contract without assigning any reason by giving 90 days notice or even without giving any notice upon the happening of an event. termination without cause ..... may sometimes be implied. 19. yet again, in pollock and mullas indian contract and specific relief acts, at page 1260, it is stated :- if a contract contains a provision that one of the parties thereto may determine the contract by notice at the option of one of the parties or either of the ..... parties, and may be made exercisable upon breach of contract by one of the .....

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Feb 04 2011 (TRI)

Jak Communications Pvt. Ltd. Vs. Sun Distribution Services Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-04-2011

..... to imposition of unreasonable terms. 29. indisputably, the must provide clause contained in clause 3.2 of the regulations, is an exception to the common law of contract and/or the provisions of the indian contract act, 1870, by reason thereof in the event a distributor of the telecommunication services makes a request to a broadcaster for grant of supply of signal of ..... the broadcaster has appointed moon network pvt. ltd. as the sole and exclusive distributor of the subscribed channels. it is important to note that under the interconnection regulations exclusivity of contracts stands eliminated. notwithstanding such regulations the broadcaster in the present case has appointed moon network pvt. ltd., who is also an mso, as the sole and exclusive distributor of ..... regard to any alleged arrears. (ii) had the petitioner been in arrears of payment of subscription fee of such a huge amount, no prudent businessman would have entered into another contract with it and/or restore the supply of its signals. (iii) from the notice dated 7.8.2009, it would appear that whatever has been mentioned therein was confined ..... 30. there cannot, therefore, be any doubt or dispute that this tribunal, in exercise of its jurisdiction under section 14 and 14a of the telecom regulatory authority of india act, 1997 (the act) can issue any direction on such request made by the distributor of the telecommunication services only when it fulfils the statutory obligations in relation thereto. in terms of the .....

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Apr 18 2011 (TRI)

North Delhi Cable Network Pvt. Ltd. and Another Vs. M/S. Master Cable ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-18-2011

..... letter dated 15.12.2005, the receipt whereof has been acknowledged by shri j. k. tiwari, an ex-employee of the petitioner, the respondent is said to have terminated the contract. in order to appreciate the respective contentions of the parties herein, we may notice the said letter : i, the proprietor of master cable network limited, shalimar bagh, new delhi ..... s.b. sinha 1. the petitioner herein is a multi service operator within the meaning of the provisions of the telecom regulatory authority of india act, 1997 (the act) and cable tv network regulation act, 1995 (the 1995 act). 2. the respondent was a local cable operator and at all material times used to take supply of signals of different channels of the broadcasters ..... practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969 (54 of 1969); (b) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer disputes ..... be held to have no jurisdiction. 22. we wish to take up the jurisdiction issue at the outset. the jurisdiction of this tribunal emanates from section 14 of the trai act. it reads as under :- 14. establishment of appellate tribunal. the central government shall, by notification, establish an appellate tribunal to be known as the telecom disputes settlement and .....

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May 09 2011 (TRI)

Hathway Bhaskar Multinet Pvt. Ltd. Vs. M/S Sahara Sanchar Ltd. and Ano ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : May-09-2011

..... question as to whether the respondent no.2 being an agent is a proper party to the proceeding and thus not liable in terms of section 230 of the indian contract act. conclusion 88. construction of agreement entered into by and between the respondent no.1 and respondent no.2 is not in question. in the earlier litigations, the respondents did not ..... not apply to contracts which are required to be made in writing or in the presence of witnesses or any law relating to registration of documents ..... thus: 17. section 10 of the act provides that all agreements are contracts if they are made by the free consent by the parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void under the provisions of the contract act. the proviso to section 10 of the act makes it clear that the section will ..... the same paragraph concludes: "since, as we have seen, agreement is not a mental state but an act, an inference from conduct, and since many of the terms of an express contract are often implied, it follows that the distinction between express and implied contracts has very little importance, even if it can be said to exist at all." 102 one distinction exists .....

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Jun 03 2011 (TRI)

M/S Lakshma Reddy Cable Network Vs. Channel Plus A.P and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-03-2011

..... would clearly go to prove that the same is a manufactured one. second respondent, as noticed heretobefore, has admitted that it has not entered into any contract with first respondent in respect of the area in question. it, furthermore contended that neither it has not nor in future, shall, without any authority ..... committed breach of the said interim order, petitioner has filed an application purported to be under section 20 of the telecom regulatory authority of india act, 1997 (the act) which has been marked as m.a no. 367 (c) 2010. by an order dated 12th may, 2011, having regard to the ..... on or on the basis of the said cd, therefore, is possible to be taken against the second respondent in terms of section 20 of the act. even otherwise, keeping in view the nature of the materials produced before us, no such case has been made out. the said miscellaneous application, is ..... view of the vidences brought on record, a strong case has been made out for initiating a proceeding against second respondent under section 20 of the act. for the aforementioned purpose, we may notice the related background facts. the petitioner made an allegation of piracy on the part of the second respondent ..... petitioner claims any exclusivity nor the regulations framed by the regulator in exercise of its power under section 11(1)(b) of the act, envisages the same. the act contemplates competition. the competition on the part of the players in the field must, however be a fair one. the broadcasters are required .....

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Jul 13 2011 (TRI)

indusind Media and Communication Limited Vs. Triveni Media Limited and ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-13-2011

..... agreed amount accordingly. also in the event of payments not received within 30 days of bills being received from m/s.imcl this mou and accompanying contract stands cancelled with no liabilities whatsoever on each of the parties. this mou shall be valid, binding and subsisting on the parties, for a ..... per the terms of the mou. any deviation from the above without mutual consent would be a violation of understanding and will tantamount to breach of contract. in the event m/s.imcl interrupts or shifts the possession/signals of the above mentioned channels from s band frequency, tml shall be entitled ..... in invalidation thereof. it is also true that the mou is not on a stamp paper but the contract need not be in writing. a memorandum of understanding under the provisions of indian stamp act is not required to be written on a stamp paper. moreover the said mou was written on the ..... transferred for consideration we may also notice another presumption which is to be raised by a court of law in terms of section 139 of the said act. the said provision reads as follows: 139. presumption in favour of holder- it shall be presumed, unless the contrary is proved, that the holder ..... of understanding is not in controversy. the issuance of the cheque as also dishonour thereof is also not in controversy. section 118(a) of the negotiable instrument act carries a presumption as regards a cheque, which is a negotiable instrument. it reads as under: 118. presumptions as to negotiable instruments. until the .....

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