Contracts
Petronet LNG v. Indian Petro Group : Two Unpleaded Torts
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One of the decisions I came across while recently authoring a paper on privacy law was the Delhi High Court decision in the case of Petronet LNG v. Indian Petro Group and Anr. (CS (OS) No. 1102/2006). What I found interesting were the categorical findings in the decision on [...]
Mobile Numbers Portability
I introduce myself as final year student at the National University of Juridical Sciences. My area of academic interest includes Telecommunications Law and regulatory theory in general. As for my credentials I have got few publications at leading International law Journals and have been associated with TDSAT and TRAI on few research projects [...]
BSNL v. BPL Mobile Cellular: lemonade out of lemons
Adjudicating on an appeal filed by BSNL (the state telecommunication provider), the Supreme Court in the case of BSNL v. BPL Mobile Cellular (Per Sinha, J.) (2008) 13 SCC 597 addressed the applicability of internal circulars of the DoT to modify terms for telecommunication contracts entered under the Telegraph Act.
Radio Interference: Music Broadcast Pvt. v. Union of India
Throughout the annals of precedent there are catenas of cases which are ignored. Their insignificance arises from the common restatements which they contain rather than the novel propositions they advance. The TDSAT decision in Music Broadcast Pvt. Ltd. v. Union of India, Petition no. 73 (C) of 2008, 29th April 2009 is one such case. The facts of the case demonstrate two juggernauts which stand in the path of quicker roll-out of broadcasting and telecom services.
Two’s Company : TDSAT’s Dual Spectrum Judgment
On 31st March, 2009 the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) pronounced judgment in the case of the Cellular Operators Association of India & Others v. Union of India and Others (Petition No. 286/2007). This case was popularly known as the dual spectrum allocation case and involved the allocation of spectrum to CDMA operators (principally Reliance Telecommunications) who opted to also offer cellular services under GSM technology. Though the decision is presently impugned before the Supreme Court, the decision provides a deep insight into the direction in which the TDSAT is steering telecommunications law for next 5-10 years.
A broader implementation of human readable contracts
The success and popularity of the creative commons license is symptomatic of the growing sentiment of Internet users and authors against the expansionary nature of intellectual property law. The creative commons license allows the authors of creative works to license out of default copyright provisions and allows greater rights to the users of their [...]
Govt, Blackberry makers to jointly resolve security issues
After the recent bomb blasts in Delhi the national security v. blackberry (i know it rhymes).. argument is well being argued again read more here
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Draft Innovation Act : Kudos for Positive Law
Even lawyers who are not well acquainted with Intellectual Property Law know a thing or two about confidential information. The credit for this goes to lawyers creating facts (as well as law) unlike they are usually alleged to do. In the case of Diljeet Titus vs Alfred A. Adebare the Delhi High Court inter [...]
TRAI rejects ESPN’s pricing contention on DTH Platforms
Continuing with its trend of rejecting special pricing contentions of specialty television channels the TRAI rejected ESPN’s arguments for charging a bouquet price for the DTH Platform. Read more on the TRAI Website. Click Here.
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Disdain for Disclaimer’s
The Bar Council has recently been debating allowing lawyers to advertise on the Internet. Most of the websites of lawyers/law firms from India have a standard disclaimer. The disclaimer is essentially a statement of conformity with the bar council rules which place an absolute bar on advocates advertising and soliciting for any purpose, and indicating [...]
