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High Court

Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

23 Jan 2019

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

High Court

Bombay High Court Holds Telecommunication Service Constitutes 'Commerce' Under Bombay Sales Tax Act — Incidental Sale of Scrap Taxable. The court interpreted Section 2(5A) of the Bombay Sales Tax Act, 1959 to include telecommunication services as 'commerce', making the appellant a 'dealer' liable for tax on scrap sales.

27 Apr 2012

The case involves Sales Tax References under the Bombay Sales Tax Act, 1959, concerning the tax liability of M/s. Bombay Telephone (now Mahanagar Tele...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

20 Jul 2020

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

Supreme Court

Supreme Court Allows TRAI's Interim Application for Disclosure of Segmented Offers by Telecom Service Providers Pending Appeal. Court Directs TSPs to Disclose Information Sought by TRAI Regarding Segmented Offers, Subject to Confidentiality, Under Section 11(1)(b)(i) and Section 11(2) of the Telecom Regulatory Authority of India Act, 1997.

6 Nov 2020

The Telecom Regulatory Authority of India (TRAI) filed an application for interim directions in pending civil appeals against a final order of the Tel...

High Court

High Court Quashes Panchayat Notice Against Telecom Tower Operator for Lack of Authority Under Karnataka Panchayat Raj Act, 1993. Panchayat Cannot Interfere with Licensed Telecom Infrastructure Sharing as It Falls Under Indian Telegraph Act, 1885 and DoT Guidelines.

3 Jul 2019

The petitioner, Tower Vision India Private Limited, a company registered under the Companies Act and licensed by the Ministry of Communications, Depar...

High Court

Bombay High Court Allows Telecom Tower Installation in Residential Area Under Section 419 of Mumbai Municipal Corporation Act, 1888 — Municipal Corporation Cannot Refuse Permission Based on Unauthorized Policy Restricting Towers in Residential Zones. Held that the power to grant permission under Section 419 is quasi-judicial and must be exercised reasonably, and a blanket ban on telecom towers in residential areas is ultra vires the Act.

26 Sep 2017

The petitioner, Bharti Airtel Limited, a telecom service provider, sought permission from the Mira Bhayandar Municipal Corporation to install a teleco...

High Court

Bombay High Court Quashes Circular Revoking SFIS Benefits for Telecom Service Provider — PIC Decisions on Eligibility Criteria Held Ultra Vires Foreign Trade Policy. The court held that the Policy Interpretation Committee could not impose conditions beyond the Foreign Trade Policy 2004-09, and quashed the Circular dated 15 July 2010 in respect of decisions at serial nos. 4(ii) and 4(iii).

5 Jul 2011

The petitioner, Tata Communications Ltd., a provider of dedicated bandwidth services to foreign carriers through undersea optic fibre cables, challeng...

High Court

Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

26 Aug 2015

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

20 Jan 2015

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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