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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 5 of about 69 results (0.025 seconds)

Apr 18 2011 (TRI)

M/S Mahesh Channel Vs. Star Den Media Services Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-18-2011

..... was annexed a receipt given by the department of indian telecom. indisputably in terms of illustration (e) of the indian evidence act, 1872 and section 27 of the general clauses act a presumption may be drawn. what would be the extent of the presumption is the question? the notice under regulation 4.1 ..... between the parties is not in dispute. the termination of contractual relationship was not effected by reason of the provision of a contract, qua-contract. before termination of contract relating to supply of signal of the channels of the respondent can be effected, indisputably it was required to comply with the provisions ..... would be effective from january, 2009. the parties had entered into negotiations after the passing of the said orders. they arrived at a concluded contract. the agreement dated 16.04.2009 was given a retrospective operation from the month of january, 2009. the terms and conditions of the agreement are ..... payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract or in the absence of such contract by the fifteenth day of the month next following that for which the rent is payable for by not having been ..... dated 14.1.2009, preferred an appeal before the supreme court of india in terms of section 18 of the telecom regulatory authority of india act, 1997 (the act) which, however, was dismissed. the petitioner started negotiations with the respondent for a fresh agreement in march, 2009. the parties thereafter agreed .....

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Jul 27 2011 (TRI)

Harika Cable Vs. Maa Tv

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... india (trai) in exercise of its jurisdiction under sub clauses (ii) and (iv) of clause (b) of sub section 1 of section 11 of the trai act, 1997. in view of the fact that a contract is thrust upon the parties in terms of regulation 3.2 of the regulations, the regulator in its wisdom prescribed fulfillment of certain conditions before a ..... urge that unless and until an operator starts operating in an area, no existing cable operator would leave the network of the mso with whom it had entered into a contract nor any subscriber would join a new network and in that view of the matter it would be difficult to provide names of an lco and/or the details of .....

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Jul 14 2011 (TRI)

Entertainment Networks (India) Ltd Vs. Union of India and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-14-2011

..... license. this tribunal in no uncertain terms held that the bank guarantees in question were conditional ones and having regard to the fact that none of the conditions of the contract have been breached, the same could not have been invoked. mr. agarwal, the learned counsel appearing on behalf of the respondent would, however, contend that the petitioner, having failed to ..... taken. the respondent no.1, therefore, either could have cancelled the license or sue the petitioner for damages, in the event it was found to have committed any breach of contract. our attention has been drawn to the letter dated 31.12.2001 issued by the mib, which is to the following effect: subject: private fm broadcasting in mumbai (metro station ..... operationalising the license, furthermore exists. if a licensee commences any operation without a license, he is bound to be proceeded against for violation of the provisions of the indian telegraph act as envisaged under section 20 thereof. this tribunal in the case of vertex broadcasting (supra) had occasion to consider the relevant clauses of the license agreement. in the said matter ..... operational license, the bank guarantees could have been invoked. we would assume that the licenses having been granted in terms of proviso appended to section 4 of the indian telegraph act should be considered to be a comprehensive one for the purpose of establishment, maintenance and operation of a fm radio station. it has, however, not been denied and disputed that .....

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Mar 24 2011 (TRI)

M/S. Idea Cellular Limited Vs. Department of Telecommunication and Oth ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-24-2011

..... condition 8 of the tender notice. in a. mohd. basheer v. state of kerala it was held that unless there is a determination of breach of contract and damages are quantified, no damages can be imposed and recovered. in g.m., north east frontier rly. v. dinabandhu chakraborty this court held that ..... pressed against the respondents. the matter was not even examined as to what was the reason for shortfall in the production of rectified spirit. the molasses act does not provide for imposition of such penalty in the event of shortfall of spirit. it must, therefore, necessarily be held that the imposition of ..... the government cannot be a judge in its own cause in the absence of any statutory provision empowering it to act as such. in vishnu rice mill v. regional food controller, bareilly it was held by the allahabad high court as under: (all lj p. 594, ..... approval of merger of licence after the scheme of merger was approved by the high court in terms of sections 391 and 394 of the indian companies act, 1956 is permissible in law; according to mr. chandhiok the licensee company was bound to seek prior approval therefor. 13. we would assume, for ..... sanctioned and approved by the high court or tribunal as per the law in force; in accordance with the provisions; more particularly sections 391 to 394 of companies act, 1956. 9. we may also notice some of the conditions of licence :- 1.8: there shall be following conditions for sale of equity of the .....

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Jul 28 2011 (TRI)

indusind Media and Communications Ltd Vs. Star Den Media Services Pvt. ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-28-2011

..... independent affiliate without prior written approval of star den. 78. the petitioner has objected to this clause on the ground that it is unreasonable because imcl has no privity of contract with these third parties and cannot undertake to clear their liabilities. 79. according to the respondent this clause is reasonable and has been inserted so as to ensure that operator ..... or distribute the service via any distribution system or medium not covered by this agreement. 43. regarding copyright, the petitioner contends that it cannot be held responsible / liable for the acts of third parties and therefore cannot be a ground for termination / deactivation. on the other hand, the respondent contended that the purpose was to protect the broadcasters copyright. such ..... as its affiliates to curb the piracy. therefore, the affiliate is obliged to take all necessary action to prevent unauthorized access to the channels of the respondent. if any act of piracy comes to the knowledge of the petitioner, it is his duty to inform the respondent immediately. the petitioner should take all the possible actions within its means to ..... every quarter. the affiliate shall take appropriate remedial actions to curb piracy in the area. 4.4.8 the affiliate undertakes that it shall not either itself, or through others acting on its instructions, copy, store or otherwise reproduce any part of the subscribed channels. the affiliate further undertakes that it shall not copy or store programmes for resale or deal .....

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Jun 08 2011 (TRI)

Shalini Zen Tv Network Vs. Sumangali Cable Vision

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-08-2011

..... principally is governed by regulations in terms whereof respondent was bound to supply signal to petitioner. right and liabilities of the parties beginning from formation of contract ending with the termination thereof are governed by the provisions of regulations. petitioner herein has rested his grievances inter alia on violation of the provisions of ..... preliminary issue raised by mr kathpalia that this petition is not maintainable as petitioner firm is not registered under section 69(2) of the indian partnership act. it is not denied or disputed that both the parties hereto are service providers within the meaning of the regulations. respondent itself has raised many ..... respondent, on the other hand, submitted :- (a) the petitioner not being registered as a partnership firm in terms of section 69 of the indian partnership act, this petition is not maintainable. b) having regard to the admitted fact that respondent had been supplying signals to at least 7-8 link operators including ..... cases of the parties to a lis must rest on the principles of law as adumbrated in different provisions of the evidence act. in this case, the burden of proof was on petitioner having regard to the provisions contained in ss 102 and 103 of the evidence ..... act. it is difficult to accept that although petitioner had been transmitting the signals of private channels to as many as 64 lcos .....

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Jun 03 2011 (TRI)

Thiruvannamalai Cable Network Vs. Sun Distribution Services Pvt. Ltd. ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-03-2011

..... .05.10. thanking you yours truly 45. an agreement cannot be an outcome of a legal fiction. in a situation of the present nature, for the purpose of novation of contract it was obligatory that the parties had intended to substantially alter/modify the commercial terms of the agreement. an agreement in writing should ordinarily be varied and modified by another ..... in different trade names and in particular in the name of polimar cable network in various parts of the state of tamilnadu. 2. the parties hereto have entered into service contracts for supply of signals of the broadcasters of which the respondent is the content aggregator at various places. 3. indisputably an agreement had been entered into for the town of ..... that he had admitted that he had filled up all the blanks in the agreement including the channels aditya and chutti, and, thus,must be held to have committed an act of forgery and should be proceeded as such. (viii) in terms of the clause 3.3 of the regulations, it was obligatory on the part of broadcaster to cause service ..... thiruvannamalai on or about on 10.11.2009, the term of the contract was to expire on 31.3.2009. the said agreement was given a retrospective effect from 1st april, 2009. it was indisputably acted upon. by reason of the said agreement the respondent was to receive a sum of rs. 7,52,667 .....

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May 09 2011 (TRI)

Television Eighteen India Ltd. and Another Vs. Star Den Media Services ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : May-09-2011

..... . we do not find any justification for accepting the said submission. if the petitioner has suffered any damages by reason of the breach of contract on the part of the respondent, prima facie it can terminate the contract as also claim damages as the same would depend upon the nature of the breaches and/or the consequences flowing therefrom. at this stage ..... 23.12.2010, the claim was made upto 31.12.2010 and this application has been filed on 23.2.2011 and, thus, it must be held to be an act of mala fide on the part of the petitioner. mr. kathpalia pointed out that the date 23.12.2010 was a typographical error and the affidavit has been affirmed before ..... a petition for grant of an order of injunction. if a claim for damages also arises, the same should be allowed having regard to the provisions of the specific relief act, 1963. the petitioner has contended that only after filing of the petition it has discovered that the respondent had collected the amount payable to it in terms of the deal ..... : (a) to condone the lapses/breaches on the part of the respondent and continue to peform the contract and claim the projected profit at the end of the term of the contract; or (b) to terminate the agreement. in view of the fact that it has terminated the agreement, cannot now claim any damages on the projected loss of profit or otherwise .....

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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

..... was mandatory, the entire agreement becomes a nullity. the respondent admittedly has not filed any document showing any variation/alteration/modification of the terms of contract in any manner whatsoever. the agreement in question being a commercial document, save and except in some exceptional cases, effect thereto must be given ..... any subscriber line report had been submitted by the franchisee at the time of entering into the agreement or not is a matter of contract between the parties. if the petitioner had not insisted thereupon and had agreed that the service line report may be filed by the respondent ..... the embargo in adduction of oral evidence to prove terms contradicting, modifying or varying the terms of a written contract in terms of sections 91 and 92 of the indian evidence act, the onus of proof was on the respondent. the respondent by filing its books of accounts the respondent could ..... 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 ..... not 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 .....

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Jul 28 2011 (TRI)

Ccn Entertainment (India) Pvt. Ltd, Chhattisgarh and Another Vs. Espn ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-28-2011

..... in view of the ensuing icc world cup and under that pretext to extract illegal and unjust enrichment from the petitioner. the petitioner and the respondent had executed a service contract dated 7.6.2010 for the period of 12 months effective from 9.8.2009 to 8.8.2010. on the expiry of the service ..... the newspaper dainik bhaskar, raipur edition and hitavada, raipur edition on 5.2.2011 on the ground of non-signing of subscription agreement by the petitioner. 3. the petitioner primarily acts as a multi systems operator. the respondent is the distributor of espn, star sports and star cricket channels. 4. the petitioner submitted that it has been ever ready and willing ..... contract on 8.8.2010, the petitioner made bonafide and genuine efforts to negotiate with the respondent for renewal of their relationship and for executing a fresh agreement. the petitioner wrote ..... . we will take up the facts of petition no. 101(c ) of 2011 to discuss the matter in detail. 2. this petition has been filed by the petitioner challenging the act of the respondent in threatening to disconnect the supply of signals of espn channels to the petitioners network in the territory of biilaspur, chhattisgarh. the respondent has issued a .....

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