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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 6 of about 69 results (0.027 seconds)

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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Feb 01 2011 (TRI)

Nirman and Associates Pvt. Ltd. Vs. Neo Sports Broadcast Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-01-2011

..... at the time of signing of the first agreement may be provided at this stage and on the basis of these slrs, the negotiated subscriber base of already a concluded contracts should be enhanced so that the petitioner becomes eligible for higher subscription and, therefore, arrears in respect of the period of agreement which has already expired. (iii) pursuant to our ..... the respondent to buy peace and also convinced the respondent that it had given the slr to it so that the public notice dated 27.5.2010 could not be acted upon. 6. the main ground of the dispute is that the slr was not given at the time of signing of the agreement which formed the basis of 1093 subscribers .....

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Mar 17 2011 (TRI)

Sri Venkateswara Cable Network Vs. Ushodya Enterprises and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-17-2011

..... resolution costs) resulting to v s m pvt. ltd., applicant-intervenor either directly or indirectly, from any undisclosed litigation, and/or any undisclosed liabilities, contracts or commitments and/or any undisclosed claims of the secondary point business affecting the secondary point business. (iii) as per the above terms and conditions ..... as a matter of right, is entitled in law to run the headend, when keeping in view the provisions of the cable tv networks (regulation) act, 1995 and cable tv network rules, 1994 would be entitled to have the registration for the purpose of running the headend, which may, thus, ..... tribunal in the peculiar facts and circumstances of this case keeping in view its jurisdiction under section 14 of the telecom regulatory authority of india act, 1997, is required to arrive at the conclusion one way or the other as to who fulfills the criteria of being an mso within ..... respondent herein to the petitioner. (iii) as mentioned earlier, we would at present advised need not go into the merit of the conduct/act of the applicant-intervenor in earlier rounds of litigation/arbitration with other parties because of facts of those cases cannot be brought in this particular ..... learned district judge, ongole in the aforementioned application filed by m/s svs cable network purported to be under section 10 of the arbitration and conciliation act, 1996. however, if in future any occasion arises for the applicant to approach this tribunal, it shall be at liberty to do so. the .....

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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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Jul 28 2011 (TRI)

Assam Cable Communications Vs. Zee Turner Ltd

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-28-2011

..... to mr. singh, dolly cable itself had about 42,000 subscribers in its network besides others. so far as espn is concerned mr. singh submitted that it had entered into contract with some local cable operators directly. 29. while determining the question as to whether the review application should be entertained or not in our opinion, the said controversy need not ..... or circumstances. a departure can be made by this tribunal only if an exceptional case is made out and not otherwise. the parliament by reason of code of civil procedure act (amendment act) in 1976 had added an explanation whereby the power of review has further been curtailed. 25. the conduct of a review applicant may although not be very relevant for ..... that the discretion vested in such high authority will not be abused. 12. it is, however, true that in terms of section 16 of the telecom regulatory authority of india act, 1997, this tribunal is not bound by the procedure laid down by the code of civil procedure. although this tribunal can regulate its own procedure, it is now trite that ..... or about 11.5.2011 and 13.6.2011, have also been annexed. 4. although, before the supreme court of india, an appeal in terms of section 18 of trai act, 1997 was maintainable only on a substantial question of law and furthermore it raised a limited question as would appear from the said order dated 30.5.2011, the applicant .....

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Apr 07 2011 (TRI)

M/S Sree Communication Vs. M/S Sun Distribution Services

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-07-2011

..... one week. by your permission i may develop the connections at chirala. in any condition also i may be exist in chirala area only. 5. a service contract was entered into by and between the parties hereto on or about 28.11.2009 in respect of the town of ongole only. the respondent by a letter ..... must be held to have failed to establish that it has lawfully been supplying signals in the town of chirala. it was, therefore, guilty of commission of acts of piracy. in that view of the matter in impugned notices must be held to be legal. no case has been made out for interference of this tribunal ..... petition. it is also not the case of the petitioner that the said sds network was taken over by it. only because allegedly the said network has been acting under the banner of sri communication, in respect whereof also no proof has been filed, we are of the opinion, that the petitioner cannot be permitted to ..... apart from the outstanding sum of rs.49,724/-. (7) the petitioner has not stopped supply of signals in the town of chirala and thus is guilty of committing acts of piracy. 17. by an order dated 30.7.2010, keeping in view the pleadings of the parties, several issues were framed, which are as under: 1 ..... the supply of signals to the petitioner. 14. the petitioners network, however, was disconnected on 28.6.2010. a petition under section 20 of the trai act was filed. the network was restored on 30.6.2010. 15. petition no.52(c) of 2010, however, was permitted to be withdrawn by an order dated .....

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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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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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