there is the provision in Section 14A of the Act which enables TDSAT to entertain an appeal after the expiry of the said period
maintainable after the constitution of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT or Appellate Tribunal) under the Telecom Regulatory Authority of India ... respect of disputes which are subject matter of the jurisdiction of TDSAT. He stated that TDSAT has exclusive jurisdiction to decide any dispute between
been raised by TRAI questioning the jurisdiction of this Appellate Tribunal (TDSAT) to entertain appeal as it contended that regulation framed by TRAI ... agree with TRAI as we were of the view that TDSAT has jurisdiction to decide the dispute raised by the appellant even though arising under
Some issues have not even been noticed. The impugned order of TDSAT, therefore, does not fulfil the criteria of a judgment ... learned TDSAT, therefore, has posed absolutely a wrong question and thus its impugned decision suffers from a misdirection in law".
"53. Furthermore, TDSAT
determination of TRAI dated 15.6.2001, which also formed the basis of the TDSAT order of 16.8.2004, were pending consideration of this Tribunal as a result ... course of his arguments that the Petitioner accepts these decisions of the TDSAT. We would therefore take the decisions of 16.8.2004 and 27.7.2006 in this
nature of subordinate legislation and beyond the purview of TDSAT and that there are no limits to the exercise of powers of TRAI under Section ... submitted that TRAI has no objection to show all these documents to TDSAT but TRAI had certainly reservations to furnishing these to the appellant
Office Memorandum
RJIL Reliance Jio Infocomm Ltd.
SUC Spectrum Usage Charges
TDSAT Telecom Disputes Settlement & Appellate Tribunal
TRAI Telecom Regulatory Authority of India ... Association of India & Ors. Vs. UOI reported in
2019 SCC OnLine TDSAT 1756.
17. It is submitted by Learned senior counsel for the petitioners
objection has been raised by the respondent, Department of Telecommunications (DoT) that TDSAT in exercise of its power and judicial review cannot go into ... earlier matters before this Tribunal a view was taken that jurisdiction of TDSAT is limited or is akin to the power of judicial review
evidence and facts, especially when the admitted position is that
the TDSAT has not opined on it. It would thus not be
appropriate to venture ... this stage until the opinion of
the TDSAT is available.
15. We are, thus, inclined to adopt the alternative prayer of the
applicants by directing
evidence and facts, especially when the admitted position is that
the TDSAT has not opined on it. It would thus not be
appropriate to venture ... this stage until the opinion of
the TDSAT is available.
15. We are, thus, inclined to adopt the alternative prayer of the
applicants by directing