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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: telecom disputes settlement and appellate tribunal tdsat Page 1 of about 22 results (0.078 seconds)

Jul 11 2011 (TRI)

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... by the 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 ..... counter claim should be allowed. (viii) in any event, it is neither necessary for the purpose of compliance of article 299 of the constitution of india as also indian contract act that any contract in writing should be entered into. (ix) the right of forfeiture of the earnest money deposit flows from the binding nature of the offer made by the petitioner ..... 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 ..... ), 2(c) and 2(h) thereof. 2. interpretation clause in this act the following words and expressions are used in the following senses, unless .....

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Jun 03 2011 (TRI)

Wire and Wireless India Pvt. Ltd Vs. M/S Information Tv Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... smt. nilima rani and ors. jairborthan, 1969(3) scc 445, the supreme court invoked the provisions of section 63 of the indian contract act in terms whereof a promisee may dispense with the performance of the promise made to him or he can accept, instead of it any satisfaction of the ..... the high authority of chitty on which reliance has been placed by mr. bhagwati prasad, itself would, therefore, show that no variation of a contract required to made or evidenced by writing must be made or evidenced only by writing.[see also paragraph 23-033, page 1466] in the aforementioned situation ..... refer to an election between inconsistent rights. waiver is relevant where difficulties of form or absence of consideration mean that there is no variation of the contract. waiver was developed by the common law mainly as a device for evading the formal requirements of the statute of frauds, but because, as we ..... the validity whereof is not in question, both `waiver as also `modification in the contract could have been carried out only by an instrument in writing. even otherwise in terms of section 92 of the indian evidence act, no other evidence would be admissible. the petitioner in support of its case has examined three ..... contract which he thinks fit. such is not the position here. we may, however, notice that at the stage of formation of a contract it is possible to invoke the doctrine of `acceptance sub silentio. it has been .....

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Jun 08 2011 (TRI)

Shalini Zen Tv Network Vs. Sumangali Cable Vision

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... thus, 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 ..... the 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 ..... of 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 ..... 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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Jul 04 2011 (TRI)

Tata Teleservices Ltd. and Another Vs. Union of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... was executed between the competent authority and the respondent. 89. our attention was also drawn to the well known treatise of chitty on contract, which merely states that loi would lead to a presumption of the formation of a contract where the language thereof does not negative the contractual intentions. 90. in a given case, apart from the fact that the loi holders ..... the offer of grant of licence shall stand withdrawn at the expiry of permitted period. 115. indisputably, the licences are governed by provisions of the indian telegraph act, 1885, indian wireless telegraphy act, 1933 and telecom regulatory authority of india act, 1997, as modified and prescribed from time to time. 116. at that point of time, in terms of paragraph 32 of the said ..... for the licensor, bearing in mind a particular fact situation not to part with its privilege by granting licence in terms of the proviso appended to section 4 of the indian telegraph act, 1885. an existing licensee shall, however, stand on entirely different footings. 91. there exists a clear distinguishing feature between an existing licensee and the new licensees. whereas in ..... to use gsm technology also in addition to the cdma technology being used under the existing uas licence(s) issued to the company under section 4(2) of the indian telegraph act, 1885 and shall not confer any right on the licensee for allocation of radio-spectrum for operating wireless access services or establishing back-bone radio-links. spectrum shall be .....

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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

..... this behalf must also be borne in mind, namely that a court may exercise its power of judicial review at the threshold of formation of a contract as was the case in ramana dayaram shetty v. the international airport authority and ors. air 1979 sc 1628and the cases where the ..... exchanges is the question involved in these petitions. factual background the petitioner is a licensee within the meaning of section 4 of the indian telegraph act, 1885 (the 1885 act). the respondent herein is one of the successors in interest of department of telecom of the ministry of information and communication. the ..... .8/2003, disposed of on 11.2.2010, this tribunal held:- the respondent being the licensor has, in terms of section 4 of the indian telegraph act, 1885, a special privilege in the matter of grant of license. the statutes contemplates imposition of any term and condition therefor which, it may be ..... 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 ..... be considered having regard to the mandatory provisions contained in the license agreement. the supreme court of india in karnataka state forest industries corporation v. indian rocks reported in (2009) 1 scc 150 has held as under :- 38. although ordinarily a superior court in exercise of its writ jurisdiction would .....

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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

..... nature as the matter relating to conferment of jurisdiction exclusively in one of the forums must be determined having regard to the provisions of the contract and not otherwise. a contract wholly governed by the indian contract act and an international contract where it is not, stand on different footings. before, however, rendering a detailed discussion on the said subject, we may notice some ..... - air 1957 patna 256, whereupon mr.vaidyanathan placed reliance, ramaswami, cj (as the learned judge then was) in a case involving the provisions of section 128 of the indian contract act, namely, a suit against surety wherein guarantees have been furnished and which suit had been decreed in regard to the question as to whether the decree passed against the surety ..... so far as its performance was unlawful by the law of the country where the contract was to be performed (lex loci solutionis). the continued relevance of this proposition, based on ralli bros v compania naviera sota y aznar, is considered below. the formation of a contract (offer and acceptance, consideration, and reality of consent) was governed by the law ..... which would have been the governing law had the contract been validity concluded, although not all of the authorities were clear and consistent. what law governed an .....

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Oct 01 2010 (TRI)

Space Link Vs. Channel Plus

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... genuineness of the agreement is in question. we have noticed the history so far as the network is concerned. the agreement indisputably is on the formatted contract. it is purported to be signed only by the proprietoress of the petitioner-concern and not by the respondents. the affiliates name has although ..... is required to be proved in terms of the provisions of section 65a, section 65b as also other provisions contained in the indian evidence act. mr. mehta, however, would merely say that this court should itself undertake the process of doing an experiment to find out as to ..... 01.2004. the same could have also been produced separately. electronic evidence within the meaning of the term evidence having been defined under the indian evidence act, the decoder boxes and/or viewing cards would also come within the purview thereof. even if the electronic evidence is an evidence, the same ..... been mentioned therein. we may, however, notice that the petitioner itself relies upon the definition of documents contained in section 3 of the indian evidence act, 1872 to submit that the aforementioned decoder boxes and/or viewing cards would not be a document within the meaning of the said provision. ..... numbers vis- -vis the purported evidences produced before us. in any event assuming that this tribunal having regard to section 16 of the act is not bound by the provisions of the code of civil procedure and even otherwise would be entitled to take additional evidence despite the fact .....

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Dec 18 2009 (TRI)

Tata Teleservices (Maharashtra) Ltd Mumbai Versus Union of India Throu ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... reasonably. a provision for levy of penalty of such a huge amount must meet the requirements of law as provided for in the indian contract act. the petitioner in its reply to the second show cause notice clearly stated that so far as the purported violation of clause 13 ..... is purely a data service from the signaling to bearer done over the ip data network and the routing is done over sip uri in the format sip [email protected] which again gets translated into ip address of the ptt handset currently held after the present ppp session or the pdp ..... orders are wholly unassailable. (iii) the license granted to a licensee by the government of india of an isp must conform to the provisions of the indian telegraphs act 1885 and the rules framed thereunder. 16. the petitioner, admittedly, was granted two licenses one for providing basic service and another being an isp license ..... .1 which reads as under:- the time period for provision of the service stipulated in this licence shall be deemed as the essence of the contract and the service must be brought into commission not later than such specified time period. no extension in prescribed due date will be granted. if ..... adding services that advancements in internet technology provide, and our ptt service is one such application that we are extremely proud to have brought to the indian market. we sincerely believe that this service is fully compliant with all conditions in our licence, and hope that under your forward-looking leadership, .....

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Feb 25 2010 (TRI)

Cellular Operators Association of India Versus Telecom Regulatory Auth ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... in this appeal. the first appellant is an association of cellular operators. respondent nos. 2 to 8 are the companies incorporated and registered under indian companies act, 1956 having their respective offices mentioned in the cause title of the appeal. they carry on their business in telecom services having been ..... authority its compliance reports of benchmarks in respect of each quality of service parameter specified under regulation 3 and regulation 5 in such manner and format, at such periodic intervals and within such time limit as may be specified by the authority, from time to time, by an order or ..... to take legal measures if the interconnection was being delayed, in as much as rights of the appellants were either to flow from a contract or a statute, none being available to them, 3. negotiations in these matters between parties would not have helped as interconnection was recognized by ..... an impossibility to be performed and for the purpose of approaching this tribunal, the operators would have a right that either flows from the contract or from the statute. despite the fact that the matter was pending, a press release was issued by the then chairman of trai ..... and/or legality of the regulations is not in question. what is in question herein is its implementation. in terms of the provisions of the act, trai, as a regulator, while exercising its functions, is not only required to ensure technical compatibility and effective interconnection between different service providers, as .....

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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

..... petitioner is that adarsh nagar network being belonging to a company known as as a and m entertainment pvt. ltd. registered and incorporated under the indian companies act, 1956; the same neither could have been taken over nor the bills payable by it could have been clubbed with those of the respondent. 14 ..... whereas the other filed with his affidavit were the filled up one. 28. it is true that the agreement filed with the petition is the blank format of the agreement but bears the signatures of the authorized representative of the petitioners and respondent. the respondents witness, shri satish kumar, however, did ..... 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 ..... 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 ..... 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 .....

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