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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 4 of about 69 results (0.025 seconds)

Jul 18 2011 (TRI)

idea Cellular Ltd Vs. Uoi and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-18-2011

..... other intangibles, industrial and intellectual properties, trade secret, confidential information, domain names, powers of every kind, nature and description and all other permission, rights (including rights under any contracts, government contracts, memorandum of understanding, etc.), all entitlements, deposits advances and/or monies paid or received by the transferor company, all statutory licences and/or permissions and any financial bank guarantees ..... so as to become on and from the effective date, the estate, assets, rights title, interest and authorities of the transferee company, pursuant to section 394(2) of the act, subject however, to all charges, liens, mortgages, then affecting the same or any part thereof, provided always that the scheme shall not operate to enlarge the scope of ..... the effect of the order of merger and whether for that purpose the licensee company was bound to seek prior approval therefor. sections 391 and 394 of the companies act provide inter alia for amalgamation of the company. section 391 provides for power to compromise or make arrangement with creditors and members; whereas section 394 provides for provisions ..... perspective. (b) having regard to the decision taken by the dot itself as communicated in its letter dated 13.9.2010, the issuance of license is merely a ministerial act. strong reliance in this behalf has been placed on edukanti kistamma v. s. venkatareddy reported in 2010 (1) scc 756, sagar mahila vidyalaya, sagar v. pandit sadashiv .....

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Jul 08 2011 (TRI)

Nirman and Associates Pvt. Ltd Vs. Star Den Media Services Pvt. Ltd. a ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-08-2011

..... that the respondent no. 2 has even any infrastructural set up for the said purpose. in star india pvt. ltd. (supra), the apex court stated :- 15.2 every contract under the interconnection regulations has two aspects. one concerns the commercial side whereas the other concerns the technical side. there is no difficulty for the commercial side. if the broadcaster ..... interpretation of regulation 4.1 49. the telecom regulatory authority of india (trai) in exercise of its power conferred upon it under section 11 (1) (b) of the trai act, 1997 (the act) made regulations known as telecommunication (broadcasting and cable services) interconnection regulations, 2004 (the regulations). by reason of the 5th amendment regulation, clause 4-a was introduced. mandatorily, in ..... and star jalsa, which were thrust upon the petitioner from january 2010, respondent no. 1 must be held to have acted illegally. (iv) keeping in view the fact that respondent no.4 and his wife had an exclusive contract of distributorship with the first respondent in terms whereof it was to pay a minimum guaranteed amount, evidently the demand of the ..... for 6-7 months. while passing the order dated 30.04.2010 the interest of the respondent had been safeguarded. we have held heretobefore that the respondent no.1 acted in undue haste in issuing the impugned notices. in commercial transactions wherein the broadcasters are statutorily obligated to supply continuous signals, subject of course to making of payments therefor .....

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Jul 22 2011 (TRI)

Zee Turner Ltd Vs. Asia Net Satellite Communication Limited

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-22-2011

..... challenging the terms not acceptable to it. therefore, in cases where the parties are unable to agree on terms of a contract, either of the party cannot take the law on its own hands instead the aggrieved party should approach this tribunal which is authorized under law to adjudicate ..... party to receive signals during the pendency of the dispute is a matter to be decided by an independent authority and not by any one of the contracting parties. therefore, it is not open to imcl to decide for itself that it will keep on receiving the signals on its own terms without ..... parity does not arise. after entering into an agreement a party thereto cannot claim parity or level playing field, keeping in view the fact that the contract is commercial in nature. if it was of the opinion that the terms of the agreement dated 14.7.2009 were unreasonable the only option left ..... payment for clearing the outstanding amounts. in this background it is essential to mention that a winding up notice in a matter of a continuing business contract with currency of transaction of payments does not match the relationship being pursued between our companies. in view of this we request you to advise your client ..... pay a sum of rs.44,639,799/- which was also to be treated as a notice u/s 433 (e) read with section 434 of the companies act, 1956. 11. the respondent, however, by a letter dated 23.12.2009 addressed to the learned advocate of petitioner contended as under :- it is pertinent .....

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Apr 21 2011 (TRI)

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

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-21-2011

..... result than the alternative, the reasonable interpretation should be adopted. it is to be presumed that the parties, as reasonable men, would have intended to include reasonable stipulation in their contract. we, however, do not intend to keep our enquiry confined to literal rule of construction alone. background material let us take into consideration the background material vis- -vis the ..... several jurisdictions. we may notice that referring to the individual case laws following the said decision in an overview by sir kim lewison in his famous treatise `interpretation of a contracts, 2007 edition, stated the law in the following terms :- in bcci v. ali, lord bingham of cornill summarized the principles as follows: to ascertain the intention of the parties ..... in their bargain. the learned author concluded:- the recent decisions in the courts indicate that the element of controversy surrounding the principles which should be applied in the interpretation of contracts has subsided. while there remains a need for clarification in certain areas, the principles seem fairly well established. the task of the courts, given that reference can be made to ..... petition vis- -vis the counter claim to be filed by the respondent therein arising out of tender which did not result in a contract and no licence was granted in lieu of section 4 of the indian telegraph act, 1885. in that case, a counter claim against a prospective license was also held to be maintainable. mr. sharma, would urge that .....

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Jun 01 2011 (TRI)

G K Communications Vs. Sun Network

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-01-2011

..... be evidence to construe the terms of a contract with another broadcaster is the question. answer thereto must be rendered in the negative. 74. only because the subscriber base has been mentioned in the ..... villages and with are the villages surrounding of those two mandals in respect whereof allegations have been made by respondent that it had been committing acts of piracy, has not been established. 73. more significantly, as to whether any agreement entered into with another broadcaster shall be treated to ..... and not during currency of the said petition. it is otherwise in absence of any certificate as required under section 65b of the indian evidence act is inadmissible in evidence. 46. the short question, which arises for consideration in this petition, is as to whether the parties hereto had ..... its area manager as also shri chandershekhar naidu, its manager (operations). 38. the respondent in support of its contention that the petitioner has committed acts of piracy in various villages, has also filed a recorded cd. it relied upon a statement by shri i shanker, who is said to have ..... issue or a relevant fact. this tribunal must examine issues arising in the petition as also the application in the context of the indian evidence act as also the cpc. the petitioner cannot be permitted to file application after application, after the cross examination of the partys witnesses are .....

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Apr 15 2011 (TRI)

intermedia Cable Communication Pvt. Ltd. Vs. Taj Television (India) Pv ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-15-2011

..... of the broadcaster/multi system operator who collects the payment for providing tv channels signals.] 20. clause 3.2 contemplates an exception to the general law governing the field of contract i.e. the parties should agree to the terms thereof. 21. indisputably the matter relating to the broadcasting and cable services are governed by two statues namely cable television ..... 11(1)(b) thereof. 25. a subordinate legislation (even if the regulations be treated to be so) would not even otherwise prevail over a legislative act and, thus the 1995 act, being a parliamentary act, indisputably shall prevail over the regulations. 26. in view of the aforementioned fact, it is doubtful as to whether the trai in exercise of its regulation ..... subscriber within limits of the authorization made, on the choice and request of such subscriber, by the service provider to the subscriber;] 23. in terms of the provision of the act, telecom regulatory authority of india has made regulations known as telecommunications (broadcasting and cable services) interconnection regulations, 2004 (the regulations). 24. the said regulations although is a law ..... on record to show that the other broadcasters are also supplying signals on digital platform. (b) keeping in view the provisions contained in the cable services televisions networks regulation act, 1995 the central govt. having not declared pune as a cas area, the trai would even otherwise have no jurisdiction to lay down any condition in terms whereof the .....

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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

..... the class to be bound by the scheme which would otherwise be necessary to give it validity. it is also observed that scheme represents a contract sanctified by courts approval between the company and the creditors and/or members of the company. it is equally well established that the ..... e. 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 dated .....

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Jul 28 2011 (TRI)

Media Worldwide Pvt. Ltd and Another Vs. Prasar Bharti

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-28-2011

..... the parties, the questions to be determined before us are whether the petitioner has any right to carry its channels on respondent dth platform and whether the respondent has acted in accordance with contract between the parties and the relevant provisions of the regulations. 17. mr. navin chawla, the learned counsel for the petitioner has questioned the non-renewal of the petitioner ..... . the petitioner did not choose to initiate this process. if it did not initiate this process as required under the regulation 8.1 of the interconnect regulation and under the contract, it cannot claim continuation of the agreement. the respondent is not obliged to follow the said clause without petitioner fulfilling its own obligation. 39. in view of the aforementioned ..... petitioner viza- viz respondent as contended by the petitioner. the relationship of the petitioner, who has approached us for directing the respondent to carry its signals is covered by either contract signed by both the parties or under the regulations. when the respondent wrote to the petitioner two times for using its dth carrier on certain fees, it asked the petitioner ..... part of the carrier for carrying the signals of broadcaster. therefore, the only compulsion on the part of the respondent seems to adhere to the terms and conditions of the contract signed between the parties. 31. however, even if we consider that clause 8.1 is applicable in this particular case, the terms and conditions prescribed under the clause should .....

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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

..... . we cannot subscribe to the said view. no shareholder far less a director subject to his right of lien, which may be a part of contract, cannot retain the amount of the company which is a separate juristic person. 71. it has not been shown by the respondents no.2 to 6 ..... 6.1 the transferor shall co-operate with the transferee in executing the shareholders agreement and other related agreements like appropriate non compete agreements and [management contracts] by the closing date and in any event before the expiry of 10 days after the date of execution hereof, failing which the transferee has the ..... 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 ..... its 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 ..... not. if they have not been acted upon, no party can rely on a part of it which is favourable to it and deny and dispute the rest. 68. a settlement being a contract between the parties must be given its full effect. the terms of the contract, when the settlement is an overall .....

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Feb 10 2011 (TRI)

Cellular Operators Association of India and Others Vs. Dept. of Teleco ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-10-2011

..... .2.2010, in the following terms :- .the conduct of the state cannot be arbitrary or capricious. its conduct even in the matters involving contract qua contract should be just and proper. it should not take undue advantage of its superior position as a licensor. in willer vs. leceister citi counsel ..... to the petitioners as the power of cag is an independent one flowing from a statutory rule and not out of a contract qua contract. the question is as to whether this tribunal can declare the said rules as unconstitutional or beyond the rule making power of the ..... the distinction between quasi judicial and administrative function. moreover, with the growth of the administrative law, the old distinction between a judicial act and an administrative act has withered away. therefore, it hardly needs reiteration that even a purely administrative order which entails civil consequences, must be consistent with ..... 1985 appeal cases, page 1054, the house of lords also stated that a public authority has no unfiltered discretion and it has to perform all its acts ..... central government by the trai act, 1997 (as amended). although, the learned counsel for the petitioner have addressed us at great length in regard .....

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