Supreme Court of India
Bharat Sanchar Nigam Ltd. and Others Etc v. M/s Tata Communications Ltd. Etc.
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.
What the Court ordered
In view of the aforesaid circumstances, while upholding the right of the respondent-BSNL to revise the rates of the infrastructure facilities in question, we direct that the revised rates as per the circular dated 12.06.2012 of the Respondent shall be applicable with effect from 01.04.2013 which is the next financial year.
Judgment, page 15
From the headnote
Administrative Law – Administrative/executive order s or circulars, if can be made applicable with retrospective ef fect – Held: Only law could be made retrospectively if it was expressl y provided by the Legislature in the Statute – Administrative/e xecutive orders or circulars in the absence of any legislative competence cannot be made applicable with retrospective effect – In the present case, applicability of the circular dated 12th June, 2012 to be effective retrospectively from 1st April 2009, in revising th e infrastructure charges, is not legally sustainable and to this ext ent, the
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