Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)
Bangladesh Telecommunication Regulatory Act, 2001 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 55(3) |
The imposition of MCF while calculating the spectrum assignment fee is
completely a separate issue done in pursuance to the section 55(3) of the
Bangladesh Telecommunication Act, 2001-having no relevance with regard to
the Cellular Mobile Phone Operator license of the petitioner company. The
concept of MCF was introduced in the guidelines, 2011 by the BTRC by virtue
of its power under section 55(3) of the Act, 2001. The issue of MCF is
entirely related to the issue of spectrum/ frequency as dealt in section 55
of the BT Act, 2001. As such, it has no nexus in respect of the cellular
mobile phone operators. ...Orascom Telecom Bangladesh Ltd Vs. BTRC & ors,
(Civil), 7 SCOB [2016] HCD 115
|
Orascom Telecom Bangladesh Ltd Vs. BTRC & ors | 7 SCOB [2016] HCD 115 |
Section 55 and 56(8) |
Authority of Bangladesh Telecommunication Regulatory Commission (BTRC) in
granting license:
What we have seen in the instant case that from the very beginning though
the respondent No. 3 (Bangladesh Telecommunication Regulatory Commission
(BTRC)) tried its best to do the needful for obtaining clearance from the
three agencies, two of which had already given their clearance but the
added respondent No. 4, Ministry of Home Affairs did not accord any
clearance though there was repeated request by the respondent No. 3. There
is no denying that respondent No. 3 had all along the good intention in
this regard....On a plain reading of the laws we have found that respondent
No. 3 was absolutely in a position to take a decision in the matter in
question. …Spice Television Private Ltd Vs. Bangladesh & ors, (Civil), 16
SCOB [2022] HCD 1
|
Spice Television Private Ltd Vs. Bangladesh & ors | 16 SCOB [2022] HCD 1 |
Section 63 and 65 |
It is our finding further that section 65 in its entirety is the corridor within the statutory scheme through which the sanctity of the section 63 penal sanction must be gauged. Consequentially, any failure to trigger section 65 or any of its components necessarily leads to a statutory infraction resulting in a more fundamental constitutional infraction. ...Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors., (Civil), 14 SCOB [2020] HCD 1 ....View Full Judgment |
Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors. | 14 SCOB [2020] HCD 1 |
Section 63 and 65 |
If the section 65 provisions are to be obliterated or to be considered a dead letter of the law one is necessarily at a loss to find other statutory mechanisms that may be called upon for due implementation of section 63. Furthermore, it is our unqualified view that the power to charge an administrative fine to a maximum of Tk. 300 Crore must always have an in-built mechanism of fair play. Otherwise one is visited with a scenario of administrative anarchy resulting from an exercise of unfettered discretion. ...Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors., (Civil), 14 SCOB [2020] HCD 1 ....View Full Judgment |
Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors. | 14 SCOB [2020] HCD 1 |