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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 7 of about 69 results (0.026 seconds)

Feb 09 2011 (TRI)

indusind Media and Communications Ltd. Vs. Andheri Cable Welfare Assoc ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-09-2011

..... amount claimed by the petitioner. (b) whether the purported interconnection agreement entered into by and between the parties herein is legal and valid? (c) whether there is a privity of contract by and between the parties hereto? (d) what relief, if any, can be granted to the petitioner? 14. the petitioner filed few documents as given below to show its claim ..... p.k.rastogi by way of these batch of petitions, the petitioner is challenging the acts of the respondents in wrongly and illegally disconnecting the petitioners signals to the subscribers in violation of the interconnect agreement/arrangement between the petitioner and the respondent as also .....

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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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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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Apr 06 2011 (TRI)

Eureka Cable Tv Network Vs. M/S. Metro Video and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-06-2011

..... . no accounts statement has been filed by the petitioner. 22. in view of the above, we are of the opinion that the petitioner has failed to show any privity of contract with the respondent for supply of the signals and any agreement written or oral where the respondent has to pay subscription fee to the petitioner. claim of rs. 1,19 ..... of rs. 35,000/- to mr. allan dcunna and to keep the balance amount from the collection as his consideration towards caretaker fee. mr. donald dsouza continued to act as a caretaker till m/s. spectrum cable tv services was sold to m/s. indusind media services and communications ltd. 10. the respondent, way back in 2008, had entered .....

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Jul 13 2011 (TRI)

Tata Communications Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-13-2011

..... derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another. (see blacks law dictionary, 7th edn., p. 1315.) the law of contracts by john d. calamari and joseph m. perillo has been quoted by black to say that restitution is an ambiguous term, sometimes referring to the disgorging of something which has ..... for in terrorem clause and, thus, illegal. so far as the petitioner is concerned, it was stated :- the learned counsel in this matter rightly contended that the provisions of the contract would clearly demonstrate that the penalty can be levied for delayed payment of the spectrum charges as the manner in which such payment was to be made if as prescribed ..... adjusted against any amount or sum of money than due which at any time thereafter may become due to the licensee under this licence agreement or any other agreement or contract between the licensor and the licensee. 4. the said license provided for payment of interest on delayed payment at the rate of prime lending rate of state bank of india .....

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Mar 08 2011 (TRI)

M/S R.G. Gupta and Sons Vs. Espn Software India (P) Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-08-2011

..... to above shall be equal to the number of subscribers, declared by the affiliate, multiplied by the price per subscriber home multiplied by the number of months (term of the contract) based on the representations and subject to fulfillment of obligations under this agreement, by the affiliate, the licensor has offered as discount of rs.1,31,524/- on the total ..... .2009. we may notice some of the provisions of the said contract. term this agreement is for a fixed period of 12 months and shall be effective from 16-aug-08 to 15-aug-09 (minimum term). it is agreed between the ..... s.b. sinha the petitioner is a multiservice operator. it is a proprietory concern. the parties hereto entered into contract for retransmission of signal of the respondents channels. the previous contract between the parties was for a period of five years or so. the contract in question, however, being dated 14.5.2009 was for the period 16.8.2008 till 15.8 .....

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Apr 08 2011 (TRI)

M/S. Silverline Entertainment Vs. Espn Software India Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-08-2011

..... been mentioned. we by our judgment without the requisite pleadings cannot annual an agreement, if it is otherwise valid in law. 23. prima facie the petitioner has entered into a contract, by reason whereof a third entity has become entitled to enforce certain contractual rights. 24. the respondent placed before us only the mou. if the agreement by and between the ..... slump sale agreement dated 19th march, 2009 as even therein no amount of consideration has been mentioned. 20. the parties are governed by the regulations framed by the trai. a contract entered into by and between the parties hereto must be held to be governed by the said regulations; by reason whereof the petitioner must be held to be entitled to ..... services taxes from the petitioner for the period 1.2.2010 to 28.2.2010. we have noticed that the petitioner in paragraph 4 of the petition alleged that a contract had been entered into by and between the parties hereto. in this regard we may also notice paragraph 4 of the reply filed by the respondent in response to the ..... had been executed by and between the respondent and the digicable or it had never become its affiliate. the petitioner could have at least contended that it had privity of contract only with the respondent and not with the aforementioned digicable. furthermore, even the said agreement has come to an end on 30th june, 2010. the agreement, therefore, could have, in .....

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Apr 28 2011 (TRI)

Assam Cable Communications Vs. Zee Turner Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-28-2011

..... .2009 and 03.7.2009 are forged and fabricated? (v) in view of the fact that the respondent admittedly has not signed the said agreement, whether the terms of the contract can be inferred by conduct of the respondent? 20. before, however, we enter into the merit of the matter we may dispose of the misc. applications filed by the petitioner .....

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