Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997: Sections 14 and I8 Telecom Regulatory Authority of India Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Telecom Regulatory Authority of India Act, 1997: Sections 14 and 18: Central Government on consideration of recommendations of TRAI and experts body permitting use of Wireless looping System with limited mobility to service provides-Challenged by appellants-Negatived by Tribunal-On appeal, Held, introduction of WLL with limited mobility is in consumer interest which would also increase the tele-density in the country and as such cannot be interfered with by this Court within the limited power under Section 18 of the Act-However, non-consideration of relevant materials on the issue of level playing field and absence of any finding vitiate the ultimate decision of the Tribunal-Matter remanded back to Tribunal for reconsideration on the question of level playing field-Directions issued. Jurisdiction and power of Appellate Tribunal vis-a-vis Supreme Court-Held, Power of Appellate Tribunal is quite wide and Supreme Court in exercise of its original or appellate power could not limit the jurisdiction of Tribunal as provided under the statute-It must give due consideration lo the recommendations of TRAI and an expert body-Power of Supreme Court is circumscribed by provisions under Section 100 CPC to substantial question of law arising from judgment of the Tribunal-Though Tribunal has much wider jurisdiction than Supreme Court such jurisdiction cannot be held lo be supervisory jurisdiction-Civil Procedure Code, 1908; Section 100. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 542 |
Petitioner | Cellular Operators Association Of India And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2002] Supp. (5) S.C.R. 222 |
Judgement Date | 2002-12-17 |
Case Number | 3092 |
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