TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
S.B.Sinha, CJ, P.K.Rastogi, J
Reliance Infratel Ltd. – Appellant
Versus
Etisalat DB Telecom Pvt. Ltd., Mumbai – Respondent
| Table of Content |
|---|
| 1. the necessity of certainty in law. (Para 1 , 2 , 3) |
| 2. jurisdictional issues and stability in legal decisions. (Para 4 , 5 , 6) |
| 3. petitioners' entitlement and registration certificate restrictions. (Para 11 , 12 , 13 , 14 , 19) |
ORDER
S.B. Sinha Introduction `Certainty‟ is integral to Rule of Law, said the Supreme Court of India recently in Vodafone International Holdings B.V. vs. Union of India and Anr. reported in 2012 (1) SCALE 530.
It was also stated :-
“Certainty and stability form the basic foundation of any fiscal system.”
[See also Reliance Energy Ltd. and Anr vs. Maharashtra State Road Development Corp. Ltd and Ors. (2007) 8 SCC 1]
2. `Certainty in law‟ is highly desirable. Some academics state (with which many jurists do not agree) that one question must have one answer.
3. Adrian Vermeule in a book titled `Judging under Uncertainty‟ broke new grounds contending that the conceptual approach and the judge centered conclusion of older theories must give way to legal interpretation premised on institutional theories. According to the learned author, severe empirical uncertainty should give way to deference to administrative agencies where statutes are uncl
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