1998 (8) TMI 606

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..... hi, K. Thomas And M. Srinivasan ORDER 1. Leave granted. 2. In this batch of appeals the common appellant is the Union of India and its officers. The appellants are discharging their statutory functions under the Indian Telegraph Act, 1885 for the purpose of providing telecommunication facilities in providing telephone connections to the subscribers. The respondents herein are the respe .....

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..... e appeals. 3. Having heard learned counsel for the parties at length, we are of the view that these are the matters which should not have been dismissed by the respective High Courts in suggesting an alternative remedy. The question raised was pristinely legal which required determination as to whether provision of telephone connections and instruments amounted to sale and even so why was the U .....

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..... it petitions, but by interim directions had ordered the appellants to pay 50% of the demand before the disposal of the writ petitions. The respective State Governments had filed their counter-affidavits. On approaching this Court, the appellants had obtained stay orders regarding payment of 50% of the dues. These orders of the respective High Courts would stand reversed for identical reasons as gi .....

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