Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 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 Disposed Off |
Headnote | Telecom Regulatory Authority of India Act, 1997: s. 14(a)(i) - Jurisdiction of Tribunal to decide the terms and conditions of license finalised by the Central Government and incorporated in the license agreement including the definition of Adjusted Gross Revenue - Held: Tribunal has no jurisdiction to decide upon the validity of the terms and conditions incorporated in the license of a service provider, but it will have jurisdiction to decide "any" dispute between the licensor and the licensee on interpretation of the terms and conditions of the license - Once the licensee had accepted in the license agreement that the license fee would be a percentage of gross revenue which would be the total revenue of the licensee company and had also accepted that the Government would take a final decision not only with regard to the percentage of revenue share but also the definition of revenue for this purpose, the licensee could not have approached the Tribunal questioning the validity of the definition of Adjusted Gross Revenue in license agreement - The incorporation of the definition of Adjusted Gross Revenue in the license agreement was part of the terms regarding payment which had been decided upon by the Central Government as a consideration for parting with its rights of exclusive privilege in respect of telecommunication activities and having accepted the license and availed the exclusive privilege of the Central Government to carry on telecommunication activities, the licensees could not have approached the Tribunal for an alteration of the definition of Adjusted Gross Revenue in the license agreement - As the Central Government has already considered the fresh recommendations of the TRAI and has not accepted the same and is not agreeable to alter the definition of Adjusted . Gross Revenue, the decision of the Central Government on the point was final under the first proviso and the fifth proviso to s. 11 (1) of the Act - Telegraph Act, 1885. s.11(1)(a)- Recommendations of the TRAI under- Held: TRAI has been conferred with the statutory power to make recommendations on the terms and conditions of the license to a service provider and the Central Government is bound to seek the recommendations of the TRAI on such terms and conditions at different stages, but the recommendations of the TRAI are not binding on the Central Government and the final decision on the terms and conditions of a license to a service provider rested with the Central Government - If there is a difference between the TRAI and the Central Government with regard to a particular term or condition of a license, the E recommendations of the TRAI will not prevail and instead the decision of the Central Government will be final and binding. s.11(1)(b), (c), (d)- Recommendations of the TRAI under - Held: The functions of the TRAI under clause (b) of sub section (1) of s.11 of the TRAI Act are not recommendatory. s.11(1)(a) and s.11(1)(b) - Distinction between - Discussed. s.14(a)(i) - Stage when dispute can be raised regarding the computation of Adjusted Gross Revenue made by the licensor - Held: The dispute can be raised by the licensee, after the license agreement has been entered into and the appropriate stage when the dispute can be raised is when a particular demand is raised on the licensee by the licensor - When such a dispute is raised against a particular demand, the Tribunal will have to go into the facts and materials on the basis of which the demand is raised and decide whether the demand is in accordance with the license agreement and in particular the definition of Adjusted Gross Revenue in the license agreement and can also interpret the terms and conditions of the license agreement.Appeal: Whether after dismissal of appeal of the Union of India against the order of the Tribunal by Supreme Court, Union of India could re-agitate the question decided in the order of Tribunal that the Adjusted Gross Revenue will include only revenue arising from licensed activities and not revenue from activities outside the license of the licensee - Held: While dismissing the appeal, express liberty was granted by Supreme Court to the appellant that all contentions raised before it could be urged before the Tribunal - Therefore, appellant could urge before the Tribunal all the contentions including the contention that the definition of Adjusted Gross Revenue as given in the license could not be challenged by the licensee before the Tribunal and will include all items of revenue mentioned in the definition of Adjusted Gross Revenue in the license - Telecom Regulatory Authority of India Act, 1997 Telegraph Act: s.4(1), proviso - Held: A license granted in favour of any person under proviso to sub-section (1) of s.4 of the Act is in the nature of a contract between the Central F Government and the licensee - Consequently, the terms and conditions of the license are part of a contract between the licensor and the licensee - Telecom Regulatory Authority of India Act, 1997. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 744 |
Petitioner | Union Of India And Anr. |
Respondent | Association Of Unified Telecom Service Providers Of India And Ors. |
SCR | [2011] 14 S.C.R. 657 |
Judgement Date | 2011-10-11 |
Case Number | 5059 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |