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    <title>2008 (5) TMI 648 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=174348</link>
    <description>Internal Department of Telecommunications circulars and office orders could not override concluded contractual tariff and rental terms for leased circuits and interconnection facilities. The Court treated the licence arrangement, read with the Indian Telegraph Act, 1885 and the Indian Contract Act, 1872, as a contractual framework that could be changed only by express incorporation, acceptance, or valid novation; departmental instructions for internal use had no independent binding force. The same principle defeated the claimed minimum guarantee period and enhanced liability for premature surrender of leased data circuits, because the circulars were not shown to form part of the contracts or to impose retrospectively greater liability. The disputed demands were therefore unenforceable.</description>
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    <pubDate>Wed, 14 May 2008 00:00:00 +0530</pubDate>
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      <title>2008 (5) TMI 648 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=174348</link>
      <description>Internal Department of Telecommunications circulars and office orders could not override concluded contractual tariff and rental terms for leased circuits and interconnection facilities. The Court treated the licence arrangement, read with the Indian Telegraph Act, 1885 and the Indian Contract Act, 1872, as a contractual framework that could be changed only by express incorporation, acceptance, or valid novation; departmental instructions for internal use had no independent binding force. The same principle defeated the claimed minimum guarantee period and enhanced liability for premature surrender of leased data circuits, because the circulars were not shown to form part of the contracts or to impose retrospectively greater liability. The disputed demands were therefore unenforceable.</description>
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      <pubDate>Wed, 14 May 2008 00:00:00 +0530</pubDate>
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