Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law – Administrative/executive orders or circulars if can be made applicable with retrospective effect |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Law – Administrative/executive orders or circulars, if can be made applicable with retrospective effect – Held: Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute – Administrative/executive orders or circulars in the absence of any legislative competence cannot be made applicable with retrospective effect – In the present case, applicability of the circular dated 12th June, 2012 to be effective retrospectively from 1st April, 2009, in revising the infrastructure charges, is not legally sustainable and to this extent, the view expressed by the Telecom Disputes Settlement and Appellate Tribunal under the impugned judgment is agreed with – However, once the competence of the appellant in fixing the rates of infrastructure charges in question stands affirmed and is not a subject matter of challenge, the appellant is well within its rights to make their charges leviable on notional fixation by increase of charges by a certain percentage every year in terms of circular dated 12th June, 2012 from each of the service provider-respondents as being notionally applicable from 1st April, 2013 – It was open for the appellant to notionally fix the charges to be computed and became payable from 1st April, 2013, based on 10% annual increase every year or by any other mechanism which may have a reasonable justification – Such notionally increased charges can indeed be leviable on the service providers and to this extent, the order passed by the Tribunal is not sustainable in law – Order of the Tribunal dated 20th August, 2014 followed by the order dated 14th October, 2014 are modified – Indian Telegraph Act, 1885. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 996 |
Petitioner | Bharat Sanchar Nigam Ltd. And Others Etc |
Respondent | M/s Tata Communications Ltd. Etc. |
SCR | [2022] 18 S.C.R. 143 |
Judgement Date | 2022-09-22 |
Case Number | 1699 |
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