Constitution of India, 1950, Article 14, 299 -- Spectrum auction - Capping rule - Tender - Object - It is to ensure competition in market by preventing large/big operators from acquiring large amount of spectrum, which they may not require but only hoard to prevent small operators from effectively competing in market...........
Constitution of India, 1950, Article 14, 299 -- Spectrum auction - Capping rule - Basic formula - Cap as compared has aggregate of total spectrum assigned in service area and total spectrum being put to auction, but, if cap is to be determined based on `commercially usable spectrum' as put forth by petitioners, it will amount to re-writing of tender with conditions...........
Constitution of India, 1950, Article 14, 299 -- Spectrum auction - Capping rule - Non-inclusion of spectrum on surrender - Even, if spectrum is actually surrendered, petitioners cannot seek relief for availability of spectrum and auction, as it will be considered by Union of India in different auction for obtaining maximum revenue in public interest...........
Telecom Regulatory Authority of India Act, 1997, Section 11, Constitution of India, 1950, Article 14 -- Spectrum auction - Notice - Decision relating to framing of policy for NIA - Central Government has ultimate authority to take decision relating to framing of policy for NIA and any recommendations of authority is not binding on Central Government - Moreover, such..........
Constitution of India, 1950, Article 14, 299 -- Spectrum auction - Tender - Legitimate expectation - NIA has stipulated capping and simultaneously allowed certain categories to bid for lesser quantum to enhance existing spectrum with them so that they can reach particular level - Therefore, if provided for particular area or zone having regard to necessity and interest of..........
Constitution of India, 1950, Article 226 -- Spectrum auction - Judicial review - Principle of judicial review cannot be denied so far as exercise of contractual powers of government bodies are concerned as it intend to prevent arbitrariness or favouritism and it is exercised in larger public interest or if it is brought to notice of Court that in matter of award of..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession - Limitation for filing an application for delivery of possession is one year, which begins to run when sale becomes absolute and not when sale is confirmed...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Karnataka Cooperative Societies Act, 1959, Section 89, Karnataka Cooperative Societies Rules, 1960, Rule 38 -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of sale - Order of confirmation of sale is ascribable to S.89A of the Act and R.38 of the Rules - No remedy of appeal against that decision is provided...........
