[AGR Case] Premature For SC To Decide If Spectrum Can Be Sold; DoT Will Decide On Sale If Resolution Plan Succeeds: Salve For Jio

first_imgTop Stories[AGR Case] Premature For SC To Decide If Spectrum Can Be Sold; DoT Will Decide On Sale If Resolution Plan Succeeds: Salve For Jio Sanya Talwar19 Aug 2020 9:19 AMShare This – xThe Supreme Court continued hearing the case on adjusted gross revenue (AGR) dues of telecom companies. Senior advocate Harish Salve, appearing for Reliance Jio, said that spectrum is not owned by Telecom Companies and that it cannot be sold without a nod from the DoT.He argued that Spectrum can be sold only with the DoT nod, as per guidelines. “It is premature for the courts to decide if…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court continued hearing the case on adjusted gross revenue (AGR) dues of telecom companies. Senior advocate Harish Salve, appearing for Reliance Jio, said that spectrum is not owned by Telecom Companies and that it cannot be sold without a nod from the DoT.He argued that Spectrum can be sold only with the DoT nod, as per guidelines. “It is premature for the courts to decide if the spectrum can be sold; the SC should not trouble itself. If the resolution plan succeeds, DoT will decide on the sale of the spectrum at that stage, let the govt decide the issue” Salve said.Salve: Spectrum is added as an asset in the balance sheets. It is the telecom company’s ownership right to USE spectrum – extremely valuable right. Right granted by govt. The Right to Use it continues. Spectrum not held under trust by companies【 𝗔𝗚𝗥 𝗛𝗘𝗔𝗥𝗜𝗡𝗚 】Supreme Court to shortly commence the hearing on the matter pertaining to payments of Adjusted Gross Revenue (#AGR) by Telecom [email protected]_India @VodafoneIN @reliancejio @RCommCare @AirCellStructur #agrdues #AGR #agrcase— Live Law (@LiveLawIndia) August 19, 2020 While referring to various provisions of the IBC and Guidelines Trading of Access Spectrum by Access Service Providers, Salve reiterated that it would be premature to decide if spectrum can be sold or not under Insolvency and Bankruptcy Code (IBC) and that deciding anything in relation to the Spectrum would create a legal problem in existing transactions and financial transactions. 【 𝗔𝗚𝗥 𝗛𝗘𝗔𝗥𝗜𝗡𝗚 】Supreme Court to shortly commence the hearing on the matter pertaining to payments of Adjusted Gross Revenue (#AGR) by Telecom [email protected]_India @VodafoneIN @reliancejio @RCommCare @AirCellStructur #agrdues #AGR #agrcase— Live Law (@LiveLawIndia) August 19, 2020 To justify that the Spectrum shall fall under the ambit of natural resources, Salve cited U/A 143(1) Of Constitution vs Of India on 27 September, 2012, [(2012) 10 SCC 1].Salve: No one can take possession of a spectrum. Spectrum occurs. Just like no one can take possession of a river. The right to use is very different from possession. Salve concluded his arguments today and stated that he shall also file note to show that the dues have been paid by Reliance Jio.On August 18, it was informed by Senior Advocate Harish Salve that Reliance Jio had already paid Rs 195 crore AGR dues and that if there were any remaining dues, if at all, they would be paid by Jio as well.On August 14, the bench had directed the Centre, Reliance Jio and Reliance Communication’s to produce necessary documents in order to bring to light who would be liable for AGR dues of Reliance Communications. The bench also sought details of who was using the spectrum of Aircel and Videocon.On August 10, Court had sought the Centre’s response on whether Telecom Spectrum can be sold/auctioned in the insolvency proceedings faced by the telecom companies.On August 7, the Top Court had reserved orders in the plea by Department of Telecommunications (DoT) seeking to allow telecom companies to make payments of the AGR dues in a staggered fashion over 20 years.The bench had also made it clear that it shall not entertain any objections for re-assessment/ re-calculation of AGR in light of the decision passed by Top Court in October 2019 and directed Reliance Communications, Sistema, Shyam Teleservices & Videocon to submit their insolvency details within 7 days.Court noted that, in doing so it needed to ensure that the IBC was not being misused by companies in order to escape liabilities.While warning all parties to dispense with payments pertaining to public revenue as had already been directed by the Court, the Justice Arun Mishra led bench expressed reservations regarding keeping the payment of dues pending.”What is the guarantee that you will not escape? Some of you are foreign companies and may even go into liquidation. What is the security that you can give us?” Justice Mishra had asked.On June 18, the Supreme Court had directed telecom companies to submit their financial documents while considering the instant plea by the Department of Telecommunications to allow them to settle the AGR-related dues in a staggered fashion over 20 years.On June 11, it had directed the Department of Telecommunication to reconsider the claims raised on Public Sector Undertakings on the basis of the October 2019 verdict in the case pertaining to AGR dues of telecom companies.The bench had also observed that raising demands on PSUs on the strength of AGR verdict was uncalled for. The bench pointed out that the licenses for telecos and PSUs were of different nature, as the latter was not intended at commercial exploitation.”This is an outright misuse of our verdict. You are making a demand of over 4 lac crores ! This is wholly and totally impermissible!”, Justice Mishra observed on the demands on PSUs.In March, before the commencement of the ongoing coronavirus-forced lockdown, the Department of Telecom (DoT) had moved the Supreme Court proposing staggered payment over 20 years for telecom firms to discharge their AGR dues.The Department of Telecommunications (DOT) had filed a plea in the Supreme Court for modification of the order dated October 24, 2019 vis-à-vis arriving at a formula for recovery of past dues from telecom service providers.In the instant appeal, the union had stated that even though the Court had widened the definition of adjusted gross revenue (AGR), leaving the three telcos, i.e. Vodafone Idea, Bharti Airtel and Tata Teleservices, collectively facing more than INR1.02 lakh crore in additional licence fees, spectrum usage charges (SUC), penalties and interest, it is imperative that the proposal for mode for recovery is approved.However, on March 18, Supreme Court lashed out at the Centre and telecom companies for doing self-assessment or reassessment of the Adjusted Gross Revenue (AGR) dues fixed by the apex court in its verdict.In April, the Supreme Court had rejected pleas by Vodafone Idea, Bharti Airtel and Tata Teleservices seeking review of the October 24 verdict that widened the definition of adjusted gross revenue (AGR).Next Storylast_img read more

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Reversal: Kroger Must Face Claim For Filling Script In Wrongful Death Case

first_imgReversal: Kroger Must Face Claim For Filling Script In Wrongful Death CaseDave Stafford for www.theindianalawyer.comKroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.A doctor and his employer who are unnamed in the court record prescribed Levofloxacin to Sharon K. Clearwaters despite knowing she had a chronic heart condition for which she was taking Amiodarone and Warfarin, for which Levofloxacin is counter-indicated. The drug can cause interactions including causing the heart to beat out of rhythm.The day the prescription was filled at a Kroger pharmacy in December 2012, Clearwaters went into cardiopulmonary arrest and died after taking the Levoflaxacin. Clearwaters’ estate filed a notice of suit in November 2013 against the health care providers and Kroger.In August 2014, the doctor and his employer settled with David Shelton, the personal representative of Clearwaters’ estate, and they were later dismissed from the complaint. Kroger amended its answer to assert a non-party defense. Kroger argued it is entitled to a credit or set-off from the health care providers’ settlement. Kroger filed a motion for partial summary judgment that was granted by Marion Superior Judge James B. Osborn.This was error, the Court of Appeals ruled on an interlocutory appeal that was accompanied by an amicus brief on behalf of the Indiana Trial Lawyers Association.“In this case, the (Indiana Department of Insurance) determined that Kroger was not a qualified health care provider under the Medical Malpractice Act,” Judge Cale Bradford wrote for the panel, reversing in David Shelton, as Personal Representative of the Estate of Sharon K. Clearwaters v. Kroger Limited Partnership I, 49A02-1601-CT-75. “Kroger, therefore, was not exempted from the Comparative Fault Act.” As such, “Kroger was not entitled to receive a credit or set-off with relation to Shelton’s settlement.“We further instruct the trial court that on remand, Kroger may only seek to limit its potential liability through its asserted non-party defense,” the panel concluded.FacebookTwitterCopy LinkEmailSharelast_img read more

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Arab uprisings shift to political struggles

first_imgMany of this year’s Arab uprisings are evolving from angry popular revolts into drawn-out political struggles to build democratic systems that will protect basic civic rights and social justice, analysts told a Harvard Kennedy School forum.Rami G. Khouri, an associate in the school’s Dubai Initiative and a prominent Beirut-based journalist, said that in Egypt, citizens have taken to the streets again to challenge the ruling military council not to backtrack from the spirit of the uprising that toppled President Hosni Mubarak.“In February and March, you had the birth of Arab citizens,” said Khouri. “What you are seeing today in Egypt is the birth of Arab politics. You are seeing the birth of the contestation of power, peacefully by and large, with people in the streets, and the military has been forced to respond… What comes next is the birth of true sovereignty and self-determination.”The John F. Kennedy Jr. Forum on Monday, Sept. 19, titled “Inside the Arab Awakening,” also included Sultan Sooud Al Qassemi, a columnist based in the United Arab Emirates; Diana Buttu, a former spokesperson for the Palestine Liberation Organization and a fellow at the Kennedy School’s Middle East Initiative; and Karim Makdisi, a professor at the American University of Beirut.The moderator was R. Nicholas Burns, Kennedy School professor of the practice of diplomacy and international politics and director of the Middle East Initiative in the Belfer Center for Science and International Affairs, which co-sponsored the forum with the Institute of Politics. The webcast of the event is available for viewing here. Read Full Storylast_img read more

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Application for passports in election petition matter dismissed.

first_img Share 60 Views   8 comments LocalNews Application for passports in election petition matter dismissed. by: – June 7, 2011 Share Sharecenter_img Justice Gerthel Thom has ruled that the application for passport against Prime Minister Roosevelt Skerrit and Peter St. Jean is dismissed. The judgement was read by Justice Bernie Stephenson Brooks on behalf of Ms. Thom this afternoon at the High Court in Roseau.Although the application for the passport was dismissed, the Chief Elections Officer is to provide a copy of Form 13 which is the form which the candidates filled and signed on nominications day to the Petitioners within seven days.Both parties were also ordered to bear their own costs.The trail date which was ordered by Justice Thom in her judgment was July 18th, 2011 however after consultation with both Senior Counsel Astaphan and Mendes it has been re-scheduled to 5th September, 2011.Geoffrey Letang, counsel for the Petitioners says that his team will proceed to trial on the basis of disclosure of Form 13.Click here to listen to interview with Mr. Letang:  Meantime Senior Counsel Anthony Astaphan says that the judge has made a finding based and confirms his position.Click here to listen to interview with Mr. Astaphan: We will continue to follow this matter and provide you with updates as they become available.Dominica Vibes News Tweet Sharing is caring!last_img read more

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David de Gea talks up Manchester United’s spirit

first_img And in an interview with MUTV that appeared on United’s website later in the day, De Gea said: “When you’re going through tough times, that’s when you become a very close unit and that is what we are. “We have a terrific spirit in the dressing room, we’re all very much together and we’re all pulling in the same direction to do the very best we can for the club. “It’s been a difficult time for us with some disappointing results but we’ll go forward with confidence and with our fans by our side, always trying to help us. “We have to improve, win our matches and try to pick things up.” United – out of the Champions League, and fourth in the Premier League, six points off the top – have been hit by a series of injuries this season. Jesse Lingard (leg), Matteo Darmian (hamstring), Marcos Rojo (shoulder), Antonio Valencia (foot) and Luke Shaw (leg) are all definite absentees for the Norwich game along with the suspended Bastian Schweinsteiger, while Ashley Young (knock) is a doubt. But United could have Wayne Rooney, Chris Smalling and Ander Herrera back in action on Saturday after periods on the sidelines. And De Gea added: “We’ve been really unlucky in that respect – we’ve picked up lots of injuries to really important players. “But thankfully, they are slowly returning one by one, which will give us a very strong side. “We need to continue to improve, to play better and to win matches. We will keep going.” Amid a run of five games without a win in all competitions and criticism of the team’s style under boss Louis van Gaal, reports have suggested there has been player unrest in the United camp. But Van Gaal dismissed such talk on Friday at his press conference to preview Saturday’s home Barclays Premier League clash with Norwich. Manchester United goalkeeper David de Gea insists there is a “terrific spirit in the dressing room” at the club.center_img Press Associationlast_img read more

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GTT National Indoor Hockey Championships…

first_imgPepsi Hikers dominate male category– Pizza Hut GCC snag ladies title.THE Pepsi Hikers entertained the crowd on the final night of the GTT National Indoor Championships with a master class of hockey ending with an 8-1 defeat of Bounty GCC.The Pizza Hut GCC did similar damage to the Woodpecker Hikers in the women’s final which ended 7-1 while the Old Fort Supersonics and Vintage carted off the veterans title.The Pepsi Hikers seemed to know what their opponent was doing and scored several goals after stringing together a series of precise passes to mesmerise Bounty’s defence.While GCC opted to use their individual skills to try to penetrate a rock solid Hikers defence, the Hikers speed in their counter-attack coupled with pin-point accuracy in their passes made them unstoppable on the evening.Pizza Hut GCC ladies after winning their titlePizza Hut GCC ladies after winning their titleNational midfielders Jamarj Assanah and Aroydy Branford, both of whom would have benefited from a 6-month hockey stint in the UK earlier this year, showed their class with both players scoring hat-tricks. Seasoned campaigner Randy Hope managed a double to round out the 8 goals for the Hikers.Bounty GCC managed to scramble one goal back in the dying moments of the match through Kevin Spencer but was never truly in contention as the Hikers cruised to their 8-1 victory.The Pizza Hut GCC ladies were also in a class by themselves as they seemed hardly challenged by the Woodpecker Hikers. Traditional defender Vanessa Pires was given the reigns by her coach to play on the forward line and she delivered in fine fashion for the champs with a match-leading hat-trick.After a Pires opening strike and one each from Gabriella Xavier and Sonia Jardine, the Hikers’ Latacia Chung saw her shot completely fooled goalkeeper Natalie Hing and rolled ever so gently into the GCC’s goal for a 3-1 score by the half. The Pizza Hut ladies stormed back with four unanswered goals in the second half, two from Pires, one from Xavier and one more from veteran striker Tricia Fiedtkou to pull off the 7-1 win.The GCC Vintage found themselves against the ropes in their veterans clash against the Hikers but managed to pull off the win with two goals in the final ten minutes to separate the teams by one. The 5-4 victory for Vintage came through a deuce of goals each from MVP Dwayne Scott and Philip Fernandes while Patrick Edghill added a single. Devin Munroe and Timothy Jonas each scored a pair of goals to make up the Hikers’ four.The most competitive match of the evening probably was the men’s second division final where the score line seesawed throughout the match with Old Fort’s Jael Gaskin deciding the match in the final minute with a powerful first-time shot into the GCC net for a 4-3 win.On the individual end of things the most promising male player was Hilmar Chester (Saint Stanislaus College), while Spartan’s Makeda Harding took the female class.In second division action,GCC Pitbulls’ Kareem McKenzie was the leading goal-scorer with David Williams (Old Fort Supersonics) being adjudged the best goalkeeper and Omar Hopkinson the Most Valuable Player.In the veterans division Devin Munroe of Hikers scored the most goals while the Vintage duo of Rawl Davson and Dwayne Scott picked up the best goalkeeper and MVP awards respectively.On the ladies end, Most goals scored award went to Kerensa Fernandes (Pizza Hut GCC), Best Goalkeeper was Briawna Gordon (Spartans) and the MVP was Dominique DeGroot (Spartans).Aroydy Branford (Pepsi Hikers) scored the most goals in the men’s first division with Anthony Cole (Old Fort Ravens) being adjudged the best goalkeeper and Pepsi Hikers’ Robert France taking the MVP.last_img read more

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