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Debashish Hazarika: Key Legal Cases and Judicial Insights
The name Debashish Hazarika appears in various Indian legal contexts, spanning telecom regulatory disputes, criminal proceedings, employment challenges, and civil matters. While not always the primary litigant, references to this name in judgments highlight important legal principles. This blog post analyzes notable cases drawn from court records, providing general insights into recurring themes. Note: This is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific situations.
Telecom Disputes: Interconnect Usage Charges and Access Deficit Charges
One prominent case involves telecom operator Reliance Communications challenging bills from BSNL over Access Deficit Charges (ADC) under the Telecom Regulatory Authority of India Act, 1997 - Section 11(1)(b). Although Mr. Hazarika is cited as providing an instance (Malleswaran POI at Bangalore), the tribunal's ruling is key: The tribunal upheld that Interconnect Usage Charges include Access Deficit Charges, while confirming prior rulings on time-barred claims and regulations of billing procedures between telecom operator. Reliance Communications Ltd. vs Bharat Sanchar Nigam Ltd. - 2012 Supreme(Online)(TDSAT) 72
Key Holdings
- IUC Includes ADC: Court upheld Clause 6.4.6 as genuine pre-estimated damages applicable to demands, confirming IUC covers ADC for service periods. (Paras 6, 22, 125, 162) Reliance Communications Ltd. vs Bharat Sanchar Nigam Ltd. - 2012 Supreme(Online)(TDSAT) 72
- Limitation Periods: Claims for Period 1 (P-1) were time-barred under Limitation Act, 1963 - Article 1, while P-2 followed prior judgments, and P-3 allowed reconciliations. (Paras 1, 162, 164) Reliance Communications Ltd. vs Bharat Sanchar Nigam Ltd. - 2012 Supreme(Online)(TDSAT) 72
- Outcome: Petition allowed in part; disconnection notices for P-1 not upheld, with mandated account reconciliation for P-3.
This case underscores how regulatory interpretations govern financial obligations in telecom, emphasizing timely claims. Reliance Communications Ltd. vs Bharat Sanchar Nigam Ltd. - 2012 Supreme(Online)(TDSAT) 72
Adjusted Gross Revenue (AGR) Disputes in Telecom Licensing
A landmark ruling on gross revenue definition in telecom licenses references counsel arguments, including Shri Chetan Sharma. The Supreme Court clarified: Definition of gross revenue given in clause 19 is inclusive one and has to prevail. Licence is in the nature of contract. Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
Comprehensive Rulings on Gross Revenue Components
The court exhaustively listed inclusions in Adjusted Gross Revenue (AGR) under Draft Licence Agreement - Clause 19:
- No set-off for expenses; includes miscellaneous revenue. (Para 44, 47) Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
- Revenue from non-licence activities included, per (2011) 10 SCC 543; res judicata applies. (Para 62, 66) Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
- AS-9 (accounting standard) cannot override Clause 19; gains from forex, shares, insurance over book value included. (Paras 65, 128, 131, 136) Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
- Infrastructure sharing, late fee waivers, non-refundable deposits, interest/dividend income all form part of gross revenue. (Paras 145, 150, 162, 164) Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
- Exceptions: No demand for unlicensed spectrum activities; bad debts handled specifically. (Paras 163, 165) Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
Result: Licensees' appeals dismissed; DoT appeals allowed, binding parties to contractual terms. This ruling has massive implications for telecom dues, often totaling billions. Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
Criminal and Employment Cases Involving Similar Names
Several cases feature Debashish Hazarika or variants in criminal and service matters:
Cheating and Breach of Trust
In a case against Debashish Ghoshal (similar naming), accused of inducing Rs. 51 lakhs investment: A mere breach of contract does not amount to cheating unless it is shown that the accused had fraudulent or dishonest intention at the time of the transaction. Debashis Ghoshal, S/o. Late Debabrata Ghoshal VS State of Jharkhand - 2024 Supreme(Jhk) 116
- Discharged under Section 138 NI Act but proceedings continued under IPC Sections 406, 420 due to prima facie deceit. Debashis Ghoshal, S/o. Late Debabrata Ghoshal VS State of Jharkhand - 2024 Supreme(Jhk) 116
Employment Transfers and Regularization
Petitioners like Debashish Hazarika challenged transfers or illegal appointments:
- Transfer Stay: Courts stayed orders for family hardships, directing representations. SRI DEBASHIS HAZARIKA vs THE UNION OF INDIA AND 4 ORS - 2024 Supreme(Online)(GAU) 10411
- Illegal Appointments: Flawed recruitments not validated; service counted for original posts sans recovery. Chaman Giri vs Union of India
Other Notable Mentions
- Cash Credits (Income Tax): Burden shifts to Revenue post-assessee proof of creditor identity. P. K. Sethi VS Commissioner of Income Tax - 2006 Supreme(Gau) 682
- POCSO Conviction: Child victim's testimony sufficient if credible. (Related Hazarika reference) In Matter Of Rohit VS State - 2020 Supreme(Del) 737
- Murder via Dying Declaration: Reliable if corroborated. SANJIB NATH VS STATE OF WEST BENGAL - 2007 Supreme(Cal) 568
- Appeal Dismissal: Courts must record reasons under CPC O.41 R.17(1) before default dismissal. Sudhangshu Mohan Dutta VS Bela Rani Paul - 1984 Supreme(Gau) 116
Civil Procedure and Service Jurisprudence
Amendments to plaints are typically allowed if no prejudice: Amendments to a plaint are essential for proper adjudication if they do not cause prejudice to the parties involved. Debashish Dutta vs Barsa Majhi - 2025 Supreme(Online)(Cal) 3874
In university matters, UGC Regulations are directory, not mandatory. Archana Sharma VS University Grants Commission (UGC) - 2019 Supreme(Gau) 447
Public employment stresses merit-based categorization: Wrongful OBC placements in general seats directed rectification without disturbing incumbents. BHASKARJIT CHOUDHURY vs THE STATE OF ASSAM BHASKARJIT CHOUDHURY vs THE STATE OF ASSAM
Key Takeaways for Legal Practitioners and Litigants
- Telecom Sector: Contracts and regulations strictly enforced; time-bars critical. Reliance Communications Ltd. vs Bharat Sanchar Nigam Ltd. - 2012 Supreme(Online)(TDSAT) 72 Union Of India VS Association Of Unified Telecom Service Providers Of India Etc. Etc. - 2019 Supreme(SC) 1189
- Criminal Law: Mens rea at inducement essential for cheating; child testimony potent if reliable. Debashis Ghoshal, S/o. Late Debabrata Ghoshal VS State of Jharkhand - 2024 Supreme(Jhk) 116 In Matter Of Rohit VS State - 2020 Supreme(Del) 737
- Employment: Family grounds may stay transfers; merit trumps faulty reservations. SRI DEBASHIS HAZARIKA vs THE UNION OF INDIA AND 4 ORS - 2024 Supreme(Online)(GAU) 10411 BHASKARJIT CHOUDHURY vs THE STATE OF ASSAM
- Civil Matters: Amendments and pleadings vital; no evidence beyond pleadings generally. Debashish Dutta vs Barsa Majhi - 2025 Supreme(Online)(Cal) 3874 Union of India VS Surjya Hazarika - 2015 Supreme(Gau) 422
These cases illustrate diverse applications, often in Assam/Gauhati jurisdiction. Legal outcomes depend on facts, and courts emphasize fairness, contract sanctity, and procedural compliance.
Disclaimer: Legal interpretations vary; this analysis generalizes rulings for educational purposes. Always seek professional advice tailored to your circumstances.
Search Results for "Debashish Hazarika: Key Legal Cases Analyzed"
2012 Supreme(Online)(TDSAT) 72 • India - Telecom Disputes Settlement and Appellate Tribunal
S.B. Sinha, CJ, P.K. Rastogi, J
The instance given by Mr.Hazarika, namely, Malleswaran POI at Bangalore should have been an eye opener for the respondent. ... Proper explanation therefore, is required to be given if a valuable right of another is sought to be defeated (See Ashish Kumar Hazra
2019 0 Supreme(SC) 1189 • India - Supreme Court
ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
Hazarika, Shri Chetan Sharma and Shri Siddhartha Dave, learned senior counsel appearing on behalf of TSPs submitted that the meaning
1999 0 Supreme(Del) 809 • India - Delhi
DEVENDER GUPTA, S.K.AGARWAL
Petitioner - Badan Ghosh, was released on bail by Additional Sessions Judge vide orders dated 18. 1. 1999 and petitioner - Kamal Hazra ... case No. 30/dru/osd/98 dt. 11. 8. 98 valued at Rs. 90,49,550. 00 only" ... PAGE 129 - "statement of Sri Kamal Hazra ... belonged to their syndicate and were loaded in the first week of August 1998 from Kishanganj; that the contraband was owned by Kamal Hazra
2010 0 Supreme(Gau) 367 • India - Gauhati
I.A.ANSARI, A.C.UPADHYAY
, as the nodal officer, Hazarika could not get any funds at all and in a desperate move, he made R.H. ... It is in the statement of Dipolal Hojai that though he still resisted and made an AEE of Agriculture Department, by the name of Hazarika ... One more cheque of Rs 9 Lakhs was handed over to Debashish Bhatttacharjee for work of sub-division in December, 2008.
2010 0 Supreme(Gau) 790 • India - Gauhati
TINLIANTHANG VAIPHEI, UTPALENDU BIKAS SAHA
extremist related case and while considering that aspect, it also take note of the decision of the Apex Court in Tarun Bora alias Alok Hazarika ... Debasish Nath the medical officer who conducted the post mortem examination of the dead bodies of the deceased found the following
• India - Gauhati High Court - Principal Seat at Guwahati
• India - Gauhati High Court - Principal Seat at Guwahati
2025 Supreme(Online)(Cal) 3874 • India - Calcutta High Court
Shampa Dutt (Paul), J
(Paras 1, 6) ... ... (B) Legal principles surrounding the necessity of amendments in civil procedure ... Secondly, he intends to insert the fact about the jointness of the property of Sarmishtha Dutta, Diganta Dutta, Debashis Dutta in ... Lawyer of the parties to the suit, I have perused the materials on record, wherefrom it appears ... It is stated by the learned Counsel for the petitioner that the previous advocate for the Petitioner/Plaintiff has expired and due
2007 0 Supreme(Cal) 568 • India - Calcutta
GIRISH CHANDRA GUPTA, KISHORE KUMAR PRASAD
The victim Sampa was brought up by her maternal uncle Debashis from her childhood. Sanjib was the neighbour of Debashish. ... W. 1 Debashish, P. W. 3 Ruposi and P. ... This has been signed as indicated above by the doctor, by the convict Sanjib, debashish, Arijit and Ruposi.
1984 0 Supreme(Gau) 116 • India - Gauhati
K.LAHIRI
Fact of the Case: The appellant engaged a lawyer on the date of hearing, who sought an adjournment to prepare for the ... CODE - O.41 R.17(1) - DISMISSAL OF APPEAL - POWER OF COURT - COURT MUST MAKE AN ORDER HOLDING THAT THE APPELLANT OR HIS LEARNED COUNSEL ... The court dismissed the appeal for default of the appellant without making an order holding that the appellant or his learned counsel ... Hazarika, learned counsel who was engaged on that date to argue the appeal. ... Hazarika....
• India - Gauhati
(C) 523/2017, decided on 06.09.2018, and (ii) Debashish Hazarika Vs. State of Assam & 3 Ors., W.P.(C) 2220/2016, decided on 22.06.2016. ... (C) 523/2017, decided on 06.09.2018, and (ii) Debashish Hazarika Vs. State of Assam & 3 Ors., W.P.(C) 2220/2016, decided on 22.06.2016. ... Accordingly, in terms of judgment and order dated 22.06.2016 and 06.09.2018 passed in case of Debashish Hazarika (supra), and Abdul Hakim (supra), this Court is inclined to direct the Food, Civil Supplies & Con....
• India - Gauhati
(C) 523/2017, decided on 06.09.2018, and (ii) Debashish Hazarika Vs. State of Assam & 3 Ors., W.P.(C) 2220/2016, decided on 22.06.2016. ... Accordingly, in terms of judgment and order dated 22.06.2016 and 06.09.2018 passed in case of Debashish Hazarika (supra), and Abdul Hakim (supra), this Court is inclined to direct the Food, Civil Supplies & Consumer Affairs Department, (respondent no. 3) to provide the answer script along with the
2025 Supreme(Online)(Gau) 8892 • India - High Court of Gauhati
THE CHIEF JUSTICE, MR. JUSTICE ARUN DEV CHOUDHURY
211:SUKRITEE HAZARIKA W/O SUBHASH HAZARIKA R/O C/O- DR. (MRS.) SAROJ HAZARIKA SONALI JAYANTI NAGAR BYE LANE -8 NEAR ISBT TARAJAN KATAKI PUKHURI DIST- JORHAT PIN-785001. 212:DR. ... 278:PRADIP HAZARIKA S/O LATE HEMCHANDRA HAZARIKA R/O GARUMURIA P.O- NORTH LAKHIMPUR ASSAM PIN-787032. 279:SUREN BORAH S/O LT. ... 177:DIPSHIKHA HAZARIKA D/O SONMONI HAZARIKA R/O VILL- SILMPUR P.O- GOGAMUKH DHEMAJI ASSAM PIN-787034. 178:JYOTSHNA DAS D/O DHARANIDHAR DAS R/O VILL- MADUPUR P....
2025 Supreme(Online)(Gau) 9876 • India - High Court of Gauhati
MR. JUSTICE MRIDUL KUMAR KALITA
ARA HAZARIKA D/O LATE ISLAM HAZARIKA RESIDENT OF RANGHAR CHARIALI PO AND DIST SIVASAGAR ASSAM 785640 3:MRS. BABLI HAZARIKA D/O LATE ISLAM HAZARIKA RESIDENT OF RANGHAR CHARIALI ASSAM 785640 4:MD. ... INAMUL HAZARIKA S/O LATE ISLAM HAZARIKA RESIDENT OF RANGHAR CHARIALI ASSAM 785640 5:MD. ... NAJULLAH HAZARIKA S/O LATE KHADIM HAZARIKA RESIDENT OF NA ALI CHRISTIAN GAON PO AND DIST SIVASAGAR ASSAM 785640 13:MD. ... LOTIFUR RAHMAN HAZARIKA#HL_END....
2026 Supreme(Online)(Gau) 5281 • India - High Court of Gauhati
MR. JUSTICE SANJAY KUMAR MEDHI
Hazarika and Shri D. Chakraborty, learned counsel for the respondents are present. Be that as it may and in the interest of justice, let another opportunity be granted to the petitioners to make representation. List these cases on 02.03.2026. ... 9:DEBASHISH ROY S/O LATE ANNADA ROY PANCHGORI ROAD MEHERPUR GAON PANCHAYAT NEAR MEDENOVA HOSPITAL SILCHAR ASSAM. ------------ Advocate for : MR. S P CHOUDHURY Advocate for : MR. ... 4:DEBASHISH ROY S/O- LATE ANNANDA ROY PANCHGORI ROAD MEHERPUR GAON PANCHAYAT NEAR MEDENOVA HOSPITAL SILCHAR ASSAM....
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