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Judgment Search Results Home  Phrase:information technology act

May 24 2006

Firos Vs. State of Kerala

  • Decided on : 24-May-2006

Court : Kerala

Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)

... Act for that purpose and matters regarding information technology have to be resolved by applying the provisions of the Information Technology Act as t is a special Act for that purpose. There is no conflict between the provisions of Copyright Act and Section 70 of Information Technology Act. Hence, we are of the opinion that there is no merit in the challenge made in Section 70 of the Information Technology Act ... 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 Section 81 of the Act which provides as follows:81. Act ... Act. All matters connected with copyright can be resolved by the provisions in the Copyright Act as it is a special Act for that purpose and matters regarding information technology have to be resolved by applying the provisions of the Information Technology Act as t is a special Act for that purpose. There is no conflict between the provisions of Copyright Act and Section 70 of Information Technology Act ...

Aug 06 2013

Manoj Oswal Vs. The State of Maharashtra, Through Sr.P.I and Another

  • Decided on : 06-Aug-2013

Court : Mumbai

... information technology worldwide. 2. With proliferation of information technology enabled services such as egovernance, ecommerce and etransactions, protection of personal data and information and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonisation with the provisions of the Information Technology Act. Further, protection of Critical Information ... act of publishing any offensive or obscene material as an offence, it has specifically said so. In that behalf, our attention is invited to Sections 66E, 67, 67A and 67B of the Information Technology Act, 2000. For these reasons, it is submitted that the complaint does not disclose commission of any offence punishable under the Information Technology Act, 2000 and therefore, the First Information ... information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. 34 The statement of objects and reasons of the Amendment Act 10 of 2009 clarifies that the Information Technology Act ... of information technology worldwide. The statement of objects and reasons of the Amendment Act 10 of 2009 reads as under: Amendment Act 10 of 2009. Statement of objects and reasons: 1. The Information Technology Act ...

Aug 07 2013

RAJESH Vs. STATE OF KERALA

  • Decided on : 07-Aug-2013

Court : Kerala

... under the penal code or any other penal statute other than the Information Technology Act along with offences coming under the Information Technology Act and to file final report charging such offences under other statutes also along with the offences under the Information Technology Act? Considering the facts of the instant case, this question does not arise ... to investigate any offence committed under the Information Technology Act, 2000 have power or authority to file final report charging offences under the India Penal Code or under any penal statute other than the Information Technology Act, in the absence of charge for any of the offences under the Information Technology Act, 2000 in the final report.9. ... under the Information Technology Act only and no other offences can be investigated by them. Necessarily, it follows that Cyber Police Station has no power or authority to file final report in the absence of any offence under the Information Technology Act in the final report. When none of the offences under Information Technology Act had been disclosed ... Information Technology Act in the final report. The present final report is filed charging offence under the Indian Penal Code alone for which the Cyber Police Station has no power or authority. Whether the Cyber Police Station has power to investigate offences coming under the penal code or any other penal statute other than the Information Technology Act along with offences coming under the Information Technology Act ...

Apr 04 2014

A.Shankar Vs. Deputy Superintendent of Police

  • Decided on : 04-Apr-2014

Court : Chennai

... Official Secrets Act and Sections 43 and 66 of the Information Technology Act and sections 378, 463, 470 and 505 IPC. 3.The complaint was investigated into and CBCID personnel, after completion of investigation, filed charge sheet against the accused for the offences under sections 66, 70 and 72 of the Information Technology Act, 2000 (hereinafter shortly referred to as old Act) on 12. ... . The Information Technology Act 2000 has been amended by the Parliament with effect from 27.10.2009 by way of the Information Technology (Amendment) Act, 2008, in and under which, the word ''hacking'' has been removed in the amended Act, 2008 and Section 66 has been replaced as follows: 66.Computer related offences: If any person, dishonestly or fraudulently, does any act referred to ... value of information, utility and affected it injuriously and thus have committed an offence under section 72 of the Information Technology Act. 6.The petitioner sought for the alteration of the charges on the following grounds: (i)regarding the fiRs.charge under section 66 of the old Act, the same relates to the act of Hacking. Section 66 of the old Act defines ... of which is the present criminal revision is one for altering the charges, based on the relevant provisions of the Amended Information Technology Act, 2008. The charges are no doubt framed under sections 66, 70 and 72 of the Information Technology Act 2000. Originally, the charges framed against the petitioner are as follows: (i)That on 1.4.2008 and 2.4. ...

Jul 29 2011

SUPER CASSETES INDUSTRIES LTD. Vs. MYSPACE INC. AND ANOTHER

  • Decided on : 29-Jul-2011

Court : Delhi

... acting as an intermediary within the meaning of Section 79 of the Information Technology Act (as amended in the year 2009) and the acts of the defendants are thus saved by the Information Technology Act 2000 wherein its acts are 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 Act ... act of facilitating over internet does not amount to infringement. e) Learned counsel has argued that the defendants by providing online space to the subscribers enabling them to share media online is acting as an intermediary within the meaning of Section 79 of the Information Technology Act (as amended in the year 2009) and the acts of the defendants are thus saved by the Information Technology Act ... acts communicating the works to the public are mitigated by way of operation of Section 79 of Information Technology Act, 2000 ( as Amended on 2009). The provision according to the defendants counsel is non obstante clause and thus will override the other acts. 62. Per contra, learned counsel Mr. Sibal has advanced the argument that the provision of Section 79 of Information Technology Act ...

Mar 01 2010

Koshy Vs. State of Kerala

  • Decided on : 01-Mar-2010

Court : Kerala

Reported in : 2010(1)KLT945

... , Punjab. It is brought to my notice that the offence under Sections 65 and 66 of the Information Technology Act is bailable in view of Section 77B of the Information Technology Act. Section 77B was introduced by the Information Technology (Amendment) Act, 2008 (Act 10 of 2009). Section 77B provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, the ... of the Information Technology Act. Section 66 of the Information Technology Act was substituted by Act 10 of 2009. After the amendment, Section 66 does not contain Sub-sections (1) and (2).5. The gist of the prosecution case is the following: The de facto complainant, M/s Jay Polychem (India) Limited, a company registered under the Companies Act, 1956, ... Act, 2008 (Act 10 of 2009). Section 77B provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable. The learned Counsel for the petitioners submitted that he inadvertently omitted to notice Section 77B of the Information Technology Act ... Punjab.2. The petitioners apprehend arrest in Crime No. 30 of 2010, where the offences alleged, going by Annexure A First Information Report, are under Sections 65 and 66(1) and (2) of the Information Technology Act, 2000. After hearing all the counsel and the learned Additional Advocate General of the State of Punjab, it is ...

Nov 27 2012

Commissioner of Customs and Central Exci Vs. M/s. Deloitte Tax Servaic ...

  • Decided on : 27-Nov-2012

Court : Andhra Pradesh

... Information Technology Act, 2000 cannot be of any assistance to the Revenue as the definition in the said Act cannot be imported or read into any of the provisions of the Finance Act, 1994.23. Moreover, under Section 35 G of the Central Excise Act, 1944, issues of classification of service i.e. whether a particular service falls under the category "business auxiliary service" or "information technology ... services. He also relied upon the definition of the term "data" in Section 2 (O) of the Information Technology Act, 2000 and contended that the activity of the assessee is in relation to operation of computer systems and therefore is "Information Technology Service". He also relied upon the decision of the Tribunal in Gandhi and Gandhi Chartered Accountants Vs ... "computer software", that the assessee's services are nothing but "computerized data processing" which falls under the description of Information Technology, that under the category of "Business Auxiliary Service" defined in S.65(19) of the Act, "Information Technology" (i.e. Computer Software) is not included and therefore under Rule 6, the assessee is not eligible for ... , but does not include any information technology service and any activity that amounts to "manufacture" within the meaning of clause (f) of section 2 of the Central Excise Act, 1944 (1 of 1944). Explanation:- For the removal of doubts, it is hereby declared that for the purposes of this clause, "information technology service" means any service in relation ...

May 28 2010

Mascon Global Limited Vs. Gmail.Com and Another

  • Decided on : 28-May-2010

Court : Cyber Appellate Tribunal - New Delhi

... the Information Technology Act, 2000 as amended using computers, computer systems, computer networks, computer resources and communication devices of the respondents as well as all data and information resident therein which has a connection, association, impact or relationship or nexus of any kind whatsoever pertaining to the aforesaid contraventions in violations of the provisions of the Information Technology Act ... the Adjudicating Officer at any point of time as required under Section 46 of the Information Technology Act. On the other hand, any complaint filed before the Controller of Certifying Authorities will not serve the requirement of Section 46 of the Information Technology Act. The appellant is required to file a complaint before the Adjudicating Officer who ... Adjudicating Officer appointed under Section 46 of the Information Technology Act. However, counsel for the appellant has submitted that this Court has inherent jurisdiction to decide the appeal even without exhausting the alternative remedy. Counsel for the appellant has referred the provisions of Section 58 of the Information Technology Act in order to support the argument. A ... the Adjudicating Officer appointed under the IT Act,2000.? (ii) Whether the ingredients made in the appeal amounted to an offence under the provisions of the Information Technology Act.? (iii) Relief Point No.(i) Coming to the first point i.e. with regard to the maintainability of the appeal, Act provides for adjudicating the offences i.e ...

May 28 2010

Aruna Kashinath Vs. Gmail.Com and Another

  • Decided on : 28-May-2010

Court : Cyber Appellate Tribunal - New Delhi

... the Information Technology Act, 2000 as amended using computers, computer systems, computer networks, computer resources and communication devices of the respondents as well as all data and information resident therein which has a connection, association, impact or relationship or nexus of any kind whatsoever pertaining to the aforesaid contraventions in violations of the provisions of the Information Technology Act ... Adjudicating Officer appointed under Section 46 of the Information Technology Act. However, counsel for the appellant has submitted that this Court has inherent jurisdiction to decide the appeal even without exhausting the alternative remedy. Counsel for the appellant has referred the provisions of Section 58 of the Information Technology Act in order to support the argument. A ... Adjudicating Officer at any point of time as required under Section 46 of the Information Technology Act. On the other hand, any complaint filed before the Controller of Certifying Authorities will not serve the requirement of Section 46 of the Information Tecnology Act. The appellant is required to file a complaint before the Adjudicating Officer who ... the Adjudicating Officer appointed under the IT Act, 2000.? (ii) Whether the ingredients made in the appeal amounted to an offence under the provisions of the Information Technology Act.? (iii) Relief Point No.(i) Coming to the first point i.e. with regard to the maintainability of the appeal, Act provides for adjudicating the offences i.e ...

Oct 08 2004

Orissa Consumers' Association and Anr. Vs. Orissa Electricity Regulato ...

  • Decided on : 08-Oct-2004

Court : Orissa

Reported in : AIR2005Ori11

... no provision in the 2003 Act or the Information Technology Act, 2000 similar to Section 23(2) of the Central General Clauses Act that the publication of the Regulations may be in such manner as the Commission may deem sufficient. There is also no provision in the said two Act similar to Section 23(5) of the Central General Clauses Act to the effect ... 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 Official Gazette or Electronic Gazette. He pointed that Section 4 of the Information Technology Act, 2000 further provides that where any law provides that an information or any ... means to collect information from the Website of the Commission. There is no provision in the 2003 Act or the Information Technology Act, 2000 similar to Section 23(2) of the Central General Clauses Act that the publication of the Regulations may be in such manner as the Commission may deem sufficient. There is also no provision in the said two Act similar to ... Website of the Commission. Section 4 of the Information Technology Act, 2000 states that where a law provides that any information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is rendered or made available ...

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