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    <title>2016 (5) TMI 1458 - Supreme Court</title>
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    <description>Delegated regulation must remain consistent with the enabling Act and its statutory balance. The Supreme Court held that the Telecom Consumers Protection (Ninth Amendment) Regulations, 2015 were ultra vires because they imposed a no-fault compensatory liability for each call drop without grounding that burden in the Telecom Regulatory Authority of India Act, 1997 or the existing quality-of-service framework. The regulation was also manifestly arbitrary and an unreasonable restriction on business, since it assumed every call drop was attributable to the service provider and lacked rational basis for the compensation structure and cap. It further impermissibly altered licence conditions and failed the statutory transparency requirement in the consultation process.</description>
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    <pubDate>Wed, 11 May 2016 00:00:00 +0530</pubDate>
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      <title>2016 (5) TMI 1458 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=275311</link>
      <description>Delegated regulation must remain consistent with the enabling Act and its statutory balance. The Supreme Court held that the Telecom Consumers Protection (Ninth Amendment) Regulations, 2015 were ultra vires because they imposed a no-fault compensatory liability for each call drop without grounding that burden in the Telecom Regulatory Authority of India Act, 1997 or the existing quality-of-service framework. The regulation was also manifestly arbitrary and an unreasonable restriction on business, since it assumed every call drop was attributable to the service provider and lacked rational basis for the compensation structure and cap. It further impermissibly altered licence conditions and failed the statutory transparency requirement in the consultation process.</description>
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      <pubDate>Wed, 11 May 2016 00:00:00 +0530</pubDate>
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