Court : Delhi
Reported in : 150(2008)DLT769; 2008(105)DRJ721
..... of making available for sale and causing to be published an obscene product within the meaning of section 292 indian penal code (ipcipcipc) and section 67 of the information technology act 2000 (it actit actit act). this petition under section 482 of the code of criminal procedure 1973 ('crpccrpccrpc') also raises questions concerning the criminal liability of directors for the offences attributable to ..... accused. it is possible, following the dictum in swil that the trial court may at any stage hereafter summon the company to face trial for the offence under section 67 it actit actit act. in swil the supreme court relied on the earlier decision in raghubans dubey v. state of bihar : 1967crilj1081 and held (scc, p. 689):6...after taking cognizance of the offence ..... citizens by appealing to their prurient interest for their undue pecuniary gains. hence the present charge sheet has been prepared u/s 292/294 ipcipcipc r/w 67 it actit actit act. it is thereforee respectfully prayed that accused accused avnish bajaj and ravi raj col. no. 4 on bail and sharat digumarti on recognizance, may kindly be called through notices and ..... a company, both under the ipcipcipc as well as the it actit actit act, particularly when such company is not arraigned as an accused. 1.2 before discussing the background and the sequence of events leading to the filing of this petition, it is .....Tag this Judgment!
Court : Kerala
Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)
..... contrary, be the first owner of the copyright therein;there is a statutory presumption in favour of every enactment and apart from a vague statement that section 70 of the information technology act is unconstitutional, petitioner was not able to show it is unconstitutional. legislative power of parliament is not questioned by the petitioner in enacting section 70. when virus of an enactment ..... conflict (see: jogendra lal saha v. stale of bihar and ors. : air1991sc1148 ). a harmonious construction of copyright act and information technology act is necessary and questions regarding the 'copyrights' for the computer system, electronic devices and other works under the information technology act are covered by the copyright act. copyright (amendment) act, 1999 shows that copyrights with regard to the data work, data basis, computer work etc. are specifically ..... petitioner, there is direct conflict between the provisions of section 17 of the copyright act and section 70 of the information technology act. when there is conflict between the two acts, it is well settled law that a harmonious construction has to be adopted. further, information technology act is a comprehensive legislation with regard to information technology act and its provisions. the provisions of the same will be binding especially considering .....Tag this Judgment!
Court : Orissa
Reported in : AIR2005Ori11
..... gazette or electronic gazette, the date of publication shall be deemed to be the date of the gazette which was first published in any form.'the aforesaid provisions in the information technology act, 2000 inter alia provide that if a notification is published in the electronic gazette, the notification is deemed to have been published in the official gazette. the proviso to section ..... ) regulations, 2004 and the o.e.r.c.(conduct of business) regulations, 2004 came into force on 5-8-2004 and 26-6-2004 respectively.18. the provisions in the information technology act, 2000 and in particular sections 2(1)(s) and 8 thereof cannot in any way make a difference to our aforesaid conclusion that the two regulations came into force on ..... regulations have also been put on the website, they will be deemed to have been published for the knowledge of all concerned in accordance with the said provisions of the information technology act, 2000. he argued that the decisions of the supreme court in harla v. state of rajasthan (air 1951 sc 467); the municipal corporation, bhopal v. misbahul hasan (air 1972 sc ..... determination of tariff) regulations. 2004 were published in the official gazette (extraordinary) on 10-6-2004 they came into force. he brought to our notice that section 8 of the information technology act, 2000 provides inter alia that where notification is published in the official gazette, then such requirement shall be deemed to have been satisfied if such notification is published in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(221)ELT20(SC); (2008)2SCC294; 2007AIRSCW7902; 2008(2)SCC294; (2008)1SCC(Cri)346; 2008(1)Crimes26; 2008(2)KCCR865;
..... a division bench noticing a contention raised by mr. tulsi that service providers such as the two companies which were intermediaries were protected from prosecution by section 79 of the information technology act, 2000. an affidavit in reply has also been filed on behalf of the respondent - ncb and a rejoinder affidavit in reply thereto by the appellant.4. we have ..... like phentermine and butalbital.9. we thus find that the appellant and his associates were not innocent intermediaries or network service providers as defined under section 79 of the technology act but the said business was only a fagade and camouflage for more sinister activity. in this situation, section 79 will not grant immunity to an accused who has violated ..... within the mischief of section 24. he has further argued that in the circumstance, the companies were mere network service providers they were protected under section 79 of the technology act from any prosecution.6. mr. vikas singh, the learned additional solicitor general for the respondents has however pointed out that the aforesaid drugs figured in the schedule appended to ..... and its associates are not intermediary as defined under section 79 of the said act as their acts and deeds was not simply restricted to provision of third party data or information without having knowledge as to commission of offence under the ndps actndps actndps actndps actndps act. the company (xponse technologies ltd. and xponse it services pvt. ltd. headed by sanjay kedia) has .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC2820; 2006(7)SCALE587; (2006)607SCC7; 147STC657(SC); 2006(2)LC1111(SC); 2006(7)SCC607
..... not have the sufficient insight to tackle with the new situation. various new developments leading to various different kinds of crimes unforeseen by our legislature come to immediate focus. information technology act, 2000 although was amended to include various kinds of cyber crimes and the punishments therefore, does not deal with all problems which are faced by the officers enforcing the ..... want to obtain any copy of the returned documents. but this copy must be counter signed by the representative as well as the respondents.6. the act was enacted in the year 1948. information technology at that time far from being developed was unknown. constitution of india is a living organ. it had been interpreted differently having regard to different ..... achieve a balance when parliament has not responded to the need to amend the statute having regard to the developments in the field of science.7. internet and other information technologies brought with them the issues which were not foreseen by law as for example, problems in determining statutory liabilities. it also did not foresee the difficulties which may ..... sections 29, 167, 172, 192 and 463 of the indian penal code have been amended to include electronics documents within the definition of 'documents'. section 63 of the evidence act has been amended to include admissibility of computer outputs in the media, paper, optical or magnetic form. section 73a prescribes procedures for verification of digital signatures. sections 85a and .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; 311ITR46(Bom)
..... .17. the learned senior counsel submitted that section 1(2) of the income tax act provides that the act 'extends to the whole of india' and does not purport to give the act extra-territorial operation unlike other statutes like fera, fema, foreign contribution regulation act, official secrets act, information technology act, indian passport act, etc.18. in view of section 1(2), provisions of the income tax ..... of words used in another section of the same act, since the words used derive their meaning from the context in which they are used. (1997) 237 itr 17 .e. ..... act must be assumed to operate territorially except where such provision permits only one construction that it is to ..... well as outside india. the indian income tax act on the other hand is concerned with either residence of the person in india or the source of income or the economic activity which has to be carried out in india. further, the meaning of words used in one section of the it actit actit act itself, cannot be used to interpret the meaning .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC712; 2005(1)ALD(Cri)589; 2005CriLJ900; 116(2005)DLT382; [2005(1)JCR209(SC)]; 2005(1)JKJ1[SC]; JT2005(1)SC425; 2005(1)KLT502(SC); RLW2005(3)SC409; (2005)1SCC582
..... to 6 are the accused facing trial for offences punishable under section 67 of information technology act, 2000 r/w section 6 of indecent representation of women (prohibition) act, 1986, under section 5 & 6 of immoral traffic (prevention) act, 1956, under section 27 of arms act, 1959 and sections 120(b), 506(ii), 366, 306 & 376 i. ..... ought to have considered the embarrassment that would be caused to the witness who are actually in the nature of victims while giving evidence of their acts before a male judge. the learned counsel for the appellant, in our view, was justified in this context in relying upon the judgment of this ..... herein who have been summoned in this case to appear before a court presided over by a male judge to give evidence more where their own acts are part of the prosecution evidence. therefore, if at all, there was a question of avoiding the embarrassment caused to any of the people involved ..... the transfer of the case at the instance of the accused on 13-2-2004 was that the proceedings in the trail being one involving pornographic acts and the evidence in the case is such that it would embarrass a lady presiding officer. it is to be noticed herein the concerned lady ..... exploitation of certain men and women by one of the accused dr. l. prakash for the purpose of making pornographic photos and videos in various acts of sexual intercourse and thereafter selling them to foreign websites. the said sessions trial came to be allotted to the v fast track court, chennai which .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC3533; 2003(1)ALT(Cri)275; 2002CriLJ4721; (2002)7SCC759; 2002(2)LC1501(SC)
..... (prohibition) act,1986 and under section 27 of the arms act, 1959.3. on receipt of the detention order in the central prison, madras, the petitioner informed the detaining authority that heis not able to red and writ tamil, therefore ..... for preventingtheir dangerous activities prejudicial to the maintenance of public order, act (tamil nadu act 14 of 1982), by an order ofdetention dated 18.2.2002 made by the commissioner of police,madras, 2nd respondent herein. the main ground of detentionare that the petitioner was indulging in offences under section67 of the information technology act, 2000, sections 4 and 6of the indecent representation of women ..... for the petitioner argued beforeus that it is pursuant to this refusal to pay bribe, the very sameofficer has sponsored the case of the petitioner for detentionunder the tamil nadu act 14 of 1982. he further submits fromthe register maintained by the jail superintendent (respondentno.3), that it is clear that this letter of the petitioner had reachedrespondent no.3, however .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)210; 2005CriLJ1838
..... were in two figures. now even a class four employee earns four figure salary. obviously keeping in view the said fact recent enactment like narcotic drugs and psychotropic substances act, 1985 and information technology act, 2000 prescribe fine in lakhs of rupees for the offences committed under those enactments. but the fine prescribed in ipcipcipc way back in 1860, which at the ..... , are luring innocent people into investing their hard earned money with them and are vanishing overnight, legislature, in an attempt to prevent such operations, made some laws, obviously because such acts may not fall under 'cheating' as defined in section 415, i.p.c. 'cheating' as understood by a common man is different from 'cheating' as defined by section 415, ipc ..... be held guilty of cheating it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. it also held that when the act of a party to an agreement is an offence, arbitration clause therein is not a bar for initiation of criminal proceedings against the offender.in ajay mitra case (2003 cri ..... an injunction restraining the petitioners and others from invoking the bank guarantees, and invoking the arbitration clause, are not and cannot be a ground for quashing the complaint, because an act done by a person can given raise to both civil and criminal liability, and the fact that civil remedy is pursued is not and cannot be a bar for invoking .....Tag this Judgment!
Court : Delhi
..... of construction when the statute does not provides so. b) secondly, i have already concluded separately that provisions of it actit actit act would not curtail the remedies under the copyright act and patent act by virtue of the proviso of it actit actit act. in these circumstances, the provisions of section 79 cannot also allow to militate against the case of established infringement ..... without knowledge of the infringing nature of the communication. f) learned counsel further argued that this court should interpret the provisions of the copyright act and information technology act harmoniously wherein the it actit actit act will come into play in the same manner as that of the safe harbor provisions of us statute which saves the liability of the defendants ..... 79 is not really important. i do not also find my agreement with the submission of the defendants that there will be harmonious construction between copyright act and it actit actit act if the provision of section 79 will save the liability of the copyright infringement of the intermediaries like the defendants. i think rather accepting the submission ..... same are prescribed by section 55. in that situation and given the fact that there is an express proviso excluding the copyright infringement from the purview of it actit actit act if not applied leads to unnecessary adding further restrictions on the copyright infringements which is impermissible and therefore leads to absurd results negating the statutorily prescribed remedies .....Tag this Judgment!