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2007 Supreme(SC) 139

H.K.SEMA, B.SUDERSHAN REDDY
Telecom Regulatory Authority of India – Appellant
Versus
Bharat Sanchar Nigam – Respondent


ORDER

H.K. Sema and B. Sudershan Reddy, JJ.

1. In the midst of hearing of these appeals, important questions of law of public importance which will have far-reaching consequences have been brought to our notice. In view thereof, the parties suggested that the matter may be considered by a larger Bench. The substantial questions of law of public importance are:

1.1. Whether in the event of any inconsistency between the terms and conditions of the licences issued under Section 4 of the Indian Telegraph Act, 1885 and the provisions of the Telecom Regulatory Authority of India Act, 1997 ("the T.R.A.I. Act"), the provisions of the T.R.A.I. Act would prevail in view of the purpose and object for which the Act has been passed i.e. for ensuring rapid development of telecommunications in the country incorporating the most modem technology and at the same time protecting the interests of the consumers and the service providers.

1.2. Whether the Telecom Regulatory Authority of India has powers to fix the terms and conditions of inter connectivity between service providers, in respect of all the licences, irrespective of the fact whether licences issued before or after 24-1-2000 especially in view






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