Supreme Court of India

Bharat Sanchar Nigam Ltd. & Anr. v. Bpl Mobile Cellular Ltd. & Ors.

Neutral citation
Reported as [2008] 8 S.C.R. 729
Bench S.B. Sinha J.
Decided 14 May 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that it has not been conclusively established that the contracts for leased data circuits between the petitioner and the respondents were covered under Rule 434 of the Indian Telegraph Rules and that the minimum guarantee period and penalties for premature surrender, as indicated in Rule 434 E were applicable to these contracts.

Judgment, page 45

From the headnote

Contract Act, 1872: S. 8 Agreement between patties and Department of Telecom­ munications - Fructifying into concluded contract - Internal c circulars issued by the Deparlment of Telecommunications - Applicability thereof on the contracts - Held: Parties bound by the concluded contract - Doctrine of 'acceptance sub-si­ lentio' not applicable - Parties not even aware of the circulars or the letters issued from time to time - Indian Telegraph Act, 1885, Section 7 - Indian Telegraph Rules, Rules 434, 475A, 478, 494, 496 and 498. Doctrines: Doctrine of 'acceptance sub-silentio' - Applicability

Where later benches applied it

Of those, 1 relied on

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