Supreme Court of India

Bharat Sanchar Nigam Limited v. Telecom Regulatory Authority of India and Others

Neutral citation

Reported as [2013] 12 S.C.R. 999

Bench G.S. Singhvi, Dr. B.S. Chauhan and Fakkir Mohamed Ibrahim Kalifulla JJ.

Decided 6 December 2013

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.

11 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the contrary view taken by TDSAT and the Delhi High Court does not represent correct B law.

Judgment, page 121

From the headnote

Telecom Regulatory Authority of India Act, 1997: s.36 - Power of Telecom Regulatory Authority of India (Authority) to frame regulations - Held: Under sub-s. (1) of s.36, the Authority can make regulations to carry out the purposes of the Act specified in various provisions of the Act including ss. 11, 12 and 13 - The Authority can make regulations which may empower it to issue directions of general character applicable to seNice providers and others and it cannot be said that by making regulations u/s 36(1) , the Authority has encroached upon the field occupied by s.12(4) and 13 - Power

Authorities it was built on

2010 Union of India v. R. Gandhi, President, Madras Bar Association cited by 25
1981 State of Tamil Nadu v. Hindu Stone Etc. cited by 16
2004 Clariant International Ltd. and Anr. v. Securities and Exchange Board of India cited by 12
1985 Ramanathan v. State of Tamil Nadu & Anr. cited by 11
1991 Deepak Theatre, Dhuri v. State of Punjab and Ors. cited by 8
2011 Union of India and Anr. v. Association of Unified Telecom Service Providers of India and Ors. cited by 6
2004 U.P. Cooperative Cane Union Federation v. West U.P. Sugar Mill Association and Ors. cited by 5
2000 The Quarry Owners Association Etc. v. The State of Bihar and Ors. cited by 4
1988 Jiyajeerao Cotton Mills Limited and Another v. Madhya Pradesh Electricity Board and Others cited by 3
2006 Hotel & Restaurant Association and Anr. v. Star India Pvt. Ltd. and Ors cited by 2

Where later benches applied it

2019 Tamil Nadu Pollution Control Board v. Sterlite Industries (i) Ltd. & Ors. relied on
2018 Star India Private Limited v. Department of Industrial Policy and Promotion & Ors. relied on
2016 Cellular Operators Association of India and Others v. Telecom Regulatory Authority of India and Others relied on
2015 Krishnamoorthy v. Sivakumar & Ors. relied on
2017 National Securities Depository Ltd. v. Securities and Exchange Board of India followed
2024 Naresh Chandra Agrawal v. E Institute of Chartered Accountants of India and Others referred to
2021 Adani Gas Limited v. Union of India & Ors. referred to
2020 State of M.P. & Ors. v. Rakesh Sethi & Anr. referred to
2020 Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors. referred to
2019 Dharani Sugars and Chemicals Ltd. v. Union of India & Ors. referred to
2018 Lok Prahari, through its General Secretary S. N. Shukla v. Union of India & Others Writ Petition (c) No. 784 of 2015 February 16, 2018 referred to

Of those, 4 relied on · 1 followed · 6 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.