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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 (0.042 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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Apr 21 2011 (TRI)

Noida Software Technology Park Ltd. Vs. Ministry of Information and Br ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... abstinence of promise being the consideration therefor or the promissor has desired the petitioner to do something. if there was no consideration, section 25 of the indian contract act would be attracted. a permission to operate on hits platform need not be for no consideration. the teleport licence granted to the petitioner is different from the hits licence. the ..... the matter to the trai at all. it could have done this at its whims or caprice. 107. the said permission having not granted under any contract being not for any consideration, it shall not be governed by the indian contract act. the impugned demand, therefore, cannot be sustained. 108. mr. mohit chadha would, however rely upon section 2 (c) and (d) of the ..... the applicant company shall, within one month of the issuance of sacfa clearance by wpc, submit to the ministry of iandb, a bank guarantee from any scheduled bank in the format notified, for an amount of rs.40 crores valid for a period of three years. 5.2 the hits permission holder should commence uplinking/downlinking operations within a period of ..... the applicant company shall, within one month of the issuance of sacfa clearance by wpc, submit to the ministry of iandb, a bank guarantee from any scheduled bank in the format notified, for an amount of rs.40 crores valid for a period of three years. 5.2 the hits permission holder should commence uplinking/downlinking operations within a period of .....

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May 09 2011 (TRI)

Hathway Bhaskar Multinet Pvt. Ltd. Vs. M/S Sahara Sanchar Ltd. and Ano ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... the respondent no.2 being an agent is a proper party to the proceeding and thus not liable in terms of section 230 of the indian contract act. conclusion 88. construction of agreement entered into by and between the respondent no.1 and respondent no.2 is not in question. in the ..... for the period 01.01.2009 to 31.03.2009, we paid. 55. it is difficult to accept that a company incorporated under the indian companies act would make payments without knowledge of the terms of the agreement and without receiving any invoice. it is also difficult to accept that only ..... such a contention cannot be accepted for mere the one reason. 50. the respondent no.2 is a company incorporated and registered under the indian companies act, 1956. it is bound to maintain its books of accounts. the amount paid to each of the multi service operators by way of carriage ..... was not a party to the written contract does not preclude the formation of a new contract, implied in fact, between plaintiff and defendant, with terms and conditions similar to those contained in the written contract. terms of an oral contract what would be the terms of oral contract has been stated in janardhanam prasad v. ..... sahara mp 3. careworld 4. aashsirwad regards pulin 9820145016 contentions 11. according to the petitioner, despite the fact that a concluded contract has been arrived at, in the format of an agreement inadvertently, the name of hathway cable and datacom pvt. ltd., the parent company of the petitioner was recorded, in .....

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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

..... respondent no. 1. mr. 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 the purpose of ..... , we cannot say that 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 entered into a mou with ..... agent is entitled to 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 terms of section 226 of ..... in 4 equal advance installments / payments against invoices raised. 7. this mou will be read in consonance with the agreement between sahara and abs media reach pvt. ltd. indisputably, a format of the said mou was sent to the petitioner by respondent no. 2. all parties for one reason or the other has referred to therein. respondent no. 2 however, rightly .....

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Jun 03 2011 (TRI)

M/S Hathway Space Vision and Others Vs. Vivekanand Rao and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... on the respondent no.1 to prove the same. it may be true, that having regard to the provisions of section 70 of indian contract act, a party to a quasi contract must restore the benefit received from the other party. it is, however, not a case where supply of any goods or services were ..... cable operator and the consideration for supply of signals to its network was fixed, the question of invoking the principles of quasi contract as envisaged under section 70 of the indian contract act would not arise. it is true, that the respondent no. 1has not been able to establish that the respondents and/or ..... raised by mr kathpalia, namely that the same is barred under sections 91 and 92 of the indian evidence act. section 91 of the evidence act forbids adduction of evidence in proof of the terms of a contract except the document itself or secondary evidence of its contents. the said provision provides for certain exceptions ..... how many pages would be there in a months invoice? a. 1520 pages. attention of the witness is drawn to page 827. q. is in the format of internet commission? a. yes. q. is it correct that even as per you there is no due of the respondent in catv books as on october ..... from the deed of partnership, any contention raised contrary to or inconsistent with the terms thereof shall be hit bysections 91 and 92 of the indian evidence act.6. the contentions of the respondent that their names do not appear in the application for grant of permission filed by the petitioner before the .....

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