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

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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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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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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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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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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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 27 2011 (TRI)

indusind Media Andcommunications Ltd Vs. City Cable Andothers

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... therefore, are of the opinion that the petitioner has not been able to prove any direct loss in terms of section 73 of the indian contract act or otherwise. conclusion for the reasons aforementioned these petitions are dismissed subject to observations made hereinbefore. but in facts and circumstances of this case ..... agent, what was contended was that the respondent no.1 would not be an agent within the meaning of section 182 of the indian contract act. in my opinion it may not be necessary to enter into the said controversy as in this case we are concerned only with the ..... agent or intermediatory in terms of the regulations is different from the definition of an agent within the meaning of the provisions of the indian contract act. whereas regulation 2(b) defines agent or inter mediatory to mean any person to make available the signals to a distributor of tv channels. the ..... no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the ..... on or on behalf of imc and thus they are not agents within the meaning of the provisions of sec 182 of the indian contract act. a brief analysis of statutes the question as to whether this tribunal has any jurisdiction to determine the issues between the parties must be .....

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Jul 27 2011 (TRI)

Hathway Bhaskar Multinet Pvt. Ltd Vs. Jaipur Cable T.V. Network, Jaipu ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... after the said agreement is worked out and upon receipt of the benefit thereunder cannot be permitted to plead frustration of the contract, as envisaged under section 56 of the indian contract act. clause 3 of the agreement provides for some amount of concession to respondent herein. it was a conditional offer. the terms ..... of agreement cannot be permitted to resort to so called `frustration of contract nor can he be permitted to contend that he was forced to migrate. if it was so, it ought to have terminated the agreement upon ..... has admitted the 2009 agreement whereby a portion of its dues were waived conditionally. invoices were raised. he had raised no plea of frustration of contract. evidently he has been trying to shift from one mso to the other for reasons best known to him. he having, thus, violated the conditions ..... of the agreement-contract entered into by and between the parties are binding on them. in terms of the said agreement, migration ..... amount of rs.7,20,382/- was conditionally waived off by the petitioner in the agreement dated 9.3.2009 in lieu of the respondent acting in accordance with the agreement and not migrating to any other mso. (ii) the petitioner has been raising invoices upon the respondent which have .....

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Jul 27 2011 (TRI)

M/S Indus Ind. Media and Communications Ltd Vs. Aashish Cable Net (Ind ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-27-2011

..... our considered opinion neither article i nor article ii of the schedule appended to the limitation act would apply. 51. the relationship between a principal and an agent would be governed by chapter x of indian contract act. in terms of the agreement of 1999, the respondent could only accept cheques drawn ..... proof was on the respondent; the primary onus of proof, having regard to the provisions contained in section 102 and 103 of the indian evidence act, 1872, being on petitioner, this petition must fail as having not been established. 63. moreover, this petition having been filed only on 24.4.2009 ..... in the name of petitioner. if that be so, petitioner was required to plead and establish (apart from continuity of the said agreement) that respondent has acted in breach thereof. in ..... that the agreement is a running and continuous one; later, however, the learned counsel also invoked article ii. 50. article i of the limitation act would be attracted when the account is mutual, open and current. there must also be reciprocity of demands. the petitioner having not sued for accounts ..... served a notice upon respondent which is to the following effect: this is to inform you that as per our arrangement with you to act as our distributor in charge of ensuring collection of subscription charges from the cable operators affiliated to our company in vashi (navi mumbai), you .....

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