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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: telecom disputes settlement and appellate tribunal tdsat Year: 2010 Page 1 of about 40 results (0.016 seconds)

Dec 16 2010 (TRI)

Zee Turner Ltd. Vs. Telecom Regulatory Authority of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Dec-16-2010

..... consideration at the hands of trai. rate fixation fixation of rate as a part of tariff or otherwise is invasion in ones right to contract. such an invasion in a citizens right should ordinarily be resorted to, not only when it becomes necessary but also when the statute expressly ..... telecom circle and the attempt to rope in an intending licensee to whom a letter of intent has been issued or the entering into a contract is proposed, cannot be countenanced since the respondent has not become a licensee within the meaning of the act and consequently this was not a ..... necessary. the dth operators only will do it. the arrangement between a broadcaster and a dth operator will only be a mutual arrangement by way of contract for receiving signal of channels and paying for it, which has nothing to do with the end users. we may, however, hasten to add ..... in the field; unless otherwise pleaded or established, both the parties may be held to have equal bargaining power for the purpose of entering into commercial contracts. the impugned tariff order is not prefaced with a statement of objects and reasons. the supreme court recently recommended the same in m/s daiichi sankyo ..... between dth operators and broadcasters has the wholesale tariff on dth platform at a much lower rate of around 15-20%. in case of long term contracts, flat-fee agreements are in effect. broadcasters have confirmed that commercial agreements are in place with dth operators on the basis of revenue deals which translates .....

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Mar 10 2010 (TRI)

M/S Polimer Cable Network Versus Telecom Regulatory Authority of India ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-10-2010

..... or a court of law exercises some discretion while exercising its jurisdiction. a court of law while upholding the right of a party to the contract, qua contract, may not grant any relief to it in view of its conduct and/or with a view to do complete justice between the parties. it ..... to the provisions of section 14 of the act the parliament intended that a party to breach of a contract should face civil liability and not a criminal liability. we, therefore, for the foregoing reasons, have no other option but to hold that the respondent ..... be construed strictly. we are, therefore, of the opinion that unless the statue otherwise provides for, in case of breach of the terms of a contract, two different kinds of liabilities ordinarily should not be faced by the same person viz. civil liability and criminal liability. in our opinion having regard ..... parties. it may find, having regard to the provision of the specific relief act, 1963 that it would not be entitled to specific performance of contract, but only to damages. a statutory authority like the respondent no. 1 may not have such jurisdiction. thus, it is possible for this tribunal ..... of the regulations are not such, violation whereof would lead to nullification thereof. the effect of violation of a regulation which became a part of the contract would be required to be determined by a competent authority. a direction in other words, should not emanate out of any adjudication thereof by trai. .....

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Aug 23 2010 (TRI)

Kumarina Investment Ltd Vs. Digital Media Convergence Ltd. and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Aug-23-2010

..... aforementioned extent. if, in a situation of this nature, the respondents have lost faith and confidence in the petitioner, no exception can be taken. if the breach of contract is qua contract, having regard to the provisions contained in section 14(a) of the specific relief act, 1963 as also section 41(e) thereof, no injunction can be granted. we ..... that parties cannot by consent confer jurisdiction on a court which does not have jurisdiction, do not apply to courts outside india. if the dispute relates to a contract, and the contract contains a clause providing that disputes that may arise will be decided by a specified court, the approach of the court will depend on whether such a specified ..... other subordinate legislation including any regulations framed by the trai, it was entitled to a notice. the legal rights claimed by the parties, thus, arise under contract qua contract. the provisions contained in a contract so far their specific performance is concerned, are governed by the provisions of specific reliefs act, 1963. we have noticed heretobefore the statutory scheme as contained in ..... abide by the award of a tribunal constituted in accordance with the agreement. it is now firmly established that the arbitration agreement which creates these obligations is a separate contract, distinct from the substantive agreement in which it is usually embedded, capable of surviving the termination of the substantive agreement and susceptible of premature termination by express or implied .....

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May 21 2010 (TRI)

Shyam Telelink Limited Versus Bharat Sanchar Nigam Limited

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : May-21-2010

..... of a tax liability. what binds the parties is the terms of the contract. if no adc is payable in respect of phones used for fixed services, 6.4.6 also would not be applicable in regard thereto. natural justice ..... of the nature of clause 6.4.6 of the interconnect agreement in our opinion cannot be enlarged. purpose for which it was inserted in the contract was to check evasion of payment of adc. it cannot be equated with a case where a statutory provision has been laid down to check evasion ..... unreasonable, inequitable and without jurisdiction being contrary to or inconsistent with the trai regulations. such interpretation would also violate the provisions of section 23 of the indian contract act, being unconscionable and inequitable and in any event would fall foul of section 74 thereof. 10. by reason of such demand, the respondent can not ..... to be reasonable. when a provision in the contract provides for a reasonable pre-determined amount of damage or the mode and manner in which the amount of damage may be possible to be ascertained ..... of law would construe a contractual provision in such a manner which would confer benefit to one party to the contract unduly. damages in terms of sections 73 and 74 of the india contract act may be either actual or pre-determined. in both the cases, the amount of damages claimed must be found .....

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Apr 15 2010 (TRI)

M/S. Reliance Communications Ltd. Versus Bharat Sanchar Nigam Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-15-2010

..... by law is not permissible and is hit by section 28 of the indian contract act. (see also p.no.146 of 2005 : bharti televentures ltd. vs. bsnl, new delhi disposed of on 18.12.2009 by this tribunal). conclusion 48. we, therefore, are of ..... any event, the period of limitation for recovery of an amount or submission of a bill cannot be curtailed having regard to the provisions of section 28 of the indian contract act. as has been held by the supreme court of india in national insurance company vs. sujir ganesh nayal 1997(4) scc 366, curtailment of the period of limitation provided ..... over of non-cli / invalid / incomplete cli are concerned. 38. it may, however, be true that the case of a deliberate fraud on the part of a party to a contract, or if the same has come to the notice of the respondent, may stand on different footings. although mr. srinivasan has taken us through almost the entirety of the pleadings ..... consideration of such payment and as it thinks fit have been appropriately used. of course, no one can say that conditions could be arbitrary or unreasonable. license is not a contract in its ordinary sense but rather a privilege granted to the licensee on certain conditions for establishing, maintaining and working telecommunications in the country. there are conditions in the license .....

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Sep 01 2010 (TRI)

Aircel Limited and Others Vs. Bsnl and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Sep-01-2010

..... are ascertaining their presumed intention objectively. thus in reardon smith line ltd v hansen-tangen, lord wilberforce said: when one speaks of the intention of the parties to the contract one speaks objectively-the parties cannot themselves give direct evidence of what their intention was-and what must be ascertained is what is to be taken as the intention which ..... to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. the modern starting point is lord hoffmanns statement that: interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the ..... uttar pradesh(supra). effect of post contractual conduct for intent, interpretation 56. objective of every interpreter of a document should be as to how a third party would consider the contract. kim lewison states as under: in other words intention is equiuvalent to meaning. however, lord hoffmann has pointed out an important qualification to this principle. in mannai investment co. ..... of construction 14. before adverting to the questions noticed heretobefore, we, at the outset, may notice certain well-known principles of constructions of a document. they are :- (1) a contract would warrant of constructions only, if the terms thereof are vague and ambiguous, (g. ramachander reddy and company v. union of india and another [2009(6)scc414 para 26]. (2 .....

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Feb 11 2010 (TRI)

Bpl Mobile Cellular Limited and Others Versus Department of Telecommun ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-11-2010

..... aggrieved party claims relief as a plaintiff. the section does not confer a special benefit upon any party; it merely declares the law that notwithstanding any term in the contract predetermining damages or providing for forfeiture of any property by way of penalty, the court will award to the party aggrieved only reasonable compensation not exceeding the amount named or ..... the common law a genuine pre-estimate of damages by mutual agreement is regarded as a stipulation naming liquidated damages and binding between the parties : a stipulation in a contract in terrorem is a penalty and the court refuses to enforce it, awarding to the aggrieved party only reasonable compensation. the indian legislature has sought to cut across the web ..... these applications, are not concerned with any other provision of the said agreement. bank guarantee indisputably, the petitioners herein furnished bank guarantees in respect of amount specified in their respective contracts. clause 3 of the bank guarantee furnished reads as under: 3. we, the bank, hereby further undertake to pay as primary obligor and not merely as surety to pay ..... the penalty clause inserted in the amended licence agreement being compensatory in nature must be held to be contravening the provisions of section 73 and section 74 of the indian contract act. (vi) the intent and purpose of introducing the penalty clause being to safeguard willful misdeclarations or under-declaration of revenue or fraudulent concealment of more than 10% of .....

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Apr 15 2010 (TRI)

Reliance Communications Limited Versus Bharat Sanchar Nigam Limited

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-15-2010

..... statutory charges based on the classification in the licence. what is important in this case is that besides technological data, even as a matter of policy if there is a contract between dot and the access provider in terms of uas licence which provides for three categories then the levy of adc would depend upon the service which is rendered to ..... may be a right or wrong demand; may be justified or unjustified, the action on the part of the respondent was raised on the basis of the terms of the contract, the validity whereof is not in question. even if legality and/or validity of clause 6.4.6 was open to challenge, the same could have been done in the .....

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Apr 22 2010 (TRI)

Cellular Operators Association of India and Others Versus Department o ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-22-2010

..... in absence of any statutory sanction in regard thereto, they cannot fall in the category of a subordinate legislation. the parties having entered into a contract, the terms thereof could not be modified in absence of any express provision. we, therefore, are of the opinion that the impugned orders cannot ..... not in dispute that in the uasl license, maximum committed spectrum circlewise are laid down in annexure ix. the power to increase an amount under a contract unilaterally, must flow from it. in delhi development authority vs. joint action committee reported in 2008 vol. 2 scc page 672, the supreme court ..... be violative of article 14 of the constitution of india qua such 18 licencees. it is further submitted that after having executed mutually agreed contract between the parties, insertion of such clause 18.3.3 in migrated uasl license would be unreasonable. the power as contained in clause 18 ..... conditions thereof which would include the charges payable by one party to the other in terms thereof unless there exists any provision therefor in the contract itself or in any provision of statute governing the field. before, however, we refer to the decisions relied upon by the learned counsel for ..... senior counsel appearing on behalf of the petitioners would contend : 1. the respondent has no jurisdiction to increase the spectrum charges in absence of any contract enabling it to do the same. 2. only 18 out of 128 gsm cellular licenses having contained clause 18.3.3 in terms whereof unilateral .....

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Jan 15 2010 (TRI)

Espn Software India Pvt. Ltd. Versus M/S Sai Darshan Media Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-15-2010

..... or a public notice was published in two newspapers as provided for in clause 4.3 of the regulations. we, therefore, are of the opinion that unilateral termination of the contract by respondent is not valid. however, as the claim of decree for payment of damages has not been proved, no further deliberation on this issue is necessary. issue no. 7 ..... increase in the subscription fees to the extent of 4% in terms of the order of the trai dated 4.10.2007 or otherwise? 6. whether unitaleral termination of the contract by the respondent by switiching off signals on 2.01.2008 is legal and valid? 7. what relief, if any, to which the petitioner is entitled to? issue no.1 ..... also accepted that on or about 24.01.2008, the respondent has also switched off/ disconnected the signals of the petitioner. 7. we have referred to hereinbefore that a service contract was entered into on or about 19.07.2007 which was valid for a period of 12 months i.e. upto 18.07.2008. the subscription fees payable thereunder was ..... the subscriber base as represented by the afflilate, afflilate shall pay to the licensor a sum of rs. 27,12,600/- towards the subscription fee for the term of the contract in respect of espn service star sports service espn service and star sports service (bouquet) the afflilate has requested for permission to pay above subscription fee in advance as per .....

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