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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: telecom disputes settlement and appellate tribunal tdsat Year: 2011 Page 1 of about 69 results (0.027 seconds)

Feb 04 2011 (TRI)

Jeet Enterprises Vs. Msm Discovery Pvt. Ltd. and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-04-2011

..... the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to set aside a decree on the ground ..... agreement has been explained by the `explanation appended to order xxiii rule 3 of the code to mean an agreement or compromise which is void or voidable under the indian contract act, 1872, to be deemed not to be lawful within the meaning of the said rule. the proviso appended to the said provision is self-explanatory. in terms of the proviso appended ..... towards the arrears in terms of sections 60 and 61 of the indian contracts act. (iii) the petitioner having not raised any pleading of undue influence and/or the lawfulness or otherwise of the agreement, the oral evidence adduced in this behalf must be held ..... behalf of the respondent, on the other hand, urged:- (i) having regard to the provisions contained in sections 91 and 92 of the evidence act, no oral evidence is admissible for variation of the terms of the contract. (ii) the proprietor of the petitioner -concern having made payments in terms of the mou, the respondent had the authority to appropriate the same .....

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Feb 04 2011 (TRI)

Scod 18 Networking Pvt. Ltd. Vs. Sahara Sanchar Ltd. and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-04-2011

..... severally liable to make payments, if any, to the petitioner; and c) what were the terms of contract, if any, between the parties? agency issue : agency is dealt with in chapter x of the indian contract act 1872, being sections 211 to 238. an agent has certain duties towards its principal. it has a duty in ..... both the respondents were not liable and/or the respondent no. 2 cannot be sued having regard to the provisions contained in section 230 of the indian contract act. so far as the petitioner is concerned, the situation was uncertain. it did not know the internal arrangements between the respondents inter se. although it ..... navin chawla, the learned counsel appearing on behalf of the respondent no. 2, submitted :- a) having regard to the provisions contained in section 230 of the indian contract act, an agent cannot be sued in his individual capacity. b) the respondent no. 2 being not a service provider as it does not retransmit any signal for ..... compensation for injury caused by reason of principals neglect. sections 226 to 238 provide for the effect of agency on contracts with third parties. we may notice section 230 of the indian contract act whereupon reliance has been placed by mr. chawla, but before we do so, it may also be noticed that in ..... case must be held to be non-existent. f) in the facts and circumstances of this case, section 65 of the indian contract act cannot be said to have any application, as the respondent no. 2 did not execute any agreement. g) the term of the .....

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Mar 31 2011 (TRI)

Espn Software India Pvt. Ltd. and Another Vs. Wire and Wireless India ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-31-2011

..... reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to ..... by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed ..... in a certain sequence, one of the parties to the contract cannot require compliance with ..... the obligations by the other party without in the first instance performing his own part of the contract ..... 2010 to august, 2010. the promises between the parties were reciprocal. in view of the provisions contained in section 52 of the indian contract act, the settlement was a comprehensive but a conditional one. they were required to be performed as expressly stipulated under the mou. the respondent has .....

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Jul 11 2011 (TRI)

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-11-2011

..... was unequivocally accepted in the following terms :- 50. the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under: 4. communication when complete- the communication of an acceptance is complete...as against the acceptor, when it comes to the knowledge of the proposer. ..... matrix involved herein although is not much in controversy, the issues involved herein give rise to some interesting questions of interpretation/application of various provisions of the indian contract act, 1872 (the act), we may briefly notice the factual matrix involved in this matter. 3. the union of india in terms of the provisions of section 4 of the indian telegraph ..... parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... held that the grant of loi and acceptance thereof by the grantee by itself was not sufficient to bring about a concluded contract. the conditions of the definition of contract as contained in section 2 (c) of the contract act, 1872 was required to be fulfilled. 150. if the petitioner and/or its predecessor in interest, in law could not have started .....

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Jan 05 2011 (TRI)

M/S Bala Cable Network M/S Bala Cable Network Vs. Channel Plus-tn

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-05-2011

..... that the same was procured by coercion or fraud. whenever a coercion or fraud is to be proved within the meaning of the provisions of section 17 of the indian contract act, the same requires specific pleading. in this case, there is none. it may be true that the respondent had not made any reference to the said minutes of meeting in ..... whereas judicial admissions would be conclusive, the evidentiary admissions may not be. they are not because the same are excluded by section 58 of the evidence act but are subject to the provisions of indian contract act to which we have referred to. section 58 is required to be construed accordingly. the said legal position would appear from a judgment of a rajasthan ..... made either by way of acknowledgment of debt or otherwise, the same must conform to the provisions of the indian limitation act, 1963. an admission made must also be held to be within the purview of the provision of the indian contract act to which we have made a reference heretobefore. reliance has also been placed on avadh kishore das vs. ram gopal ..... the indian penal code (xlv of 1860), was not in force at the time when or place where the act was done. for the purpose of proving coercion so as to make a contract voidable as is required under section 19 of the indian contract act, in our opinion, the particulars thereof are required to be pleaded. except stating that the respondent had threatened .....

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Jan 17 2011 (TRI)

Den Networks Limited Vs. Multi Vision Network

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-17-2011

..... in kanpur or calcutta. the said decision, therefore, has no application to the facts of the present case. when a claim is made in terms of section 73 of the contract act, naturally the plaintiff will have a duty to mitigate its damages but then the said principles may not apply where a third party is involved. in sriram vs. zee turner ..... agreement on it contending that although the agreement is non-existent, by supplying signal unilateraly the provisions of section 70 of the indian contract act would be attracted. f) in the event the purported agreement dated 1.10.2007 is held to be valid, the respondent is bound to pay the charges only during subsistence ..... saved in terms of the proviso appended to clause 8.1 of the regulations and in any event for the said purpose the provisions of section 70 of the indian contract act cannot be made applicable and/or as the respondent has not accepted the agreement, it is not bound thereby. e) the petitioner could not have forced upon the respondent an ..... same to its consumers cannot be permitted to turn around and contend that it is not liable to make any payment therefor either in terms of the contract or under section 70 of the contract act. if it had not taken recourse to the remedies provided for by a statutory provision, it must thank itself therefor. it, in our considered view, cannot take .....

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Feb 04 2011 (TRI)

M/S Vodafone Essar Mobile Services Ltd. Vs. Mahanagar Telephone Nigam ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-04-2011

..... licencees will undertake no obligation to lift all those stocks even if the state suffers- loss. this one-sided obligation, in modification of express terms of the contract, in the name of duty to act fairly, is what we are unable to appreciate. in this case, however, no fresh obligation is sought to be created on the respondent. what is being emphasized ..... , however, hasten to add that it does not mean that the court shall not interfere even in a case where the term of the contract is against the public policy or where in enforcing the same the state acts arbitrarily, unfairly or unreasonably or makes discrimination amongst the persons similarly situated. the matter relating to grant of inter connection is in public ..... placed by mr. kathpalia, it was opined : the portions of the above judgments, underlined by us, clearly show that in commercial contracts entered into with open eyes, there cannot be variation to the terms of a concluded contract which has been acted upon. commercial men take commercial decisions which sometimes results either in profit or sometimes in loss, however, the government is not ..... a `state. it is however also a commercial organization. as a commercial concern, it is entitled to enter into a contract qua contract, keeping in view its own commercial interest. in a pure contractual matter, it cannot be mandated upon to act as an administrative body. in a number of decisions, the supreme court of india has indisputably taken the aforementioned view. we .....

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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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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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