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Search Results Judgments > Act:Information Technology Act

Jun 24 2009

Ashwinbhai Somabhai Patel and Anr. Vs. Nrugendraprasadji Ajendraprasad ...

  • Decided on : 24-Jun-2009

Court : Gujarat

Reported in : (2009)3GLR2352

... provisions of Information Technology Act, 2000 and as per Sections 65A and B or amended Evidence Act.(iii) The documents produced vide Exh. 54/1 does not satisfy the condition laid down in Section 65B(1) and Section 65B(2) of the Evidence Act. The entire reasoning of the learned trial Court is solely contrary to the Evidence Act and Information Technology Act.(iv) ... admissible under Sections 65(A) and 65(B) of the Evidence Act.(ii) Exh. 54/1 is a Video CD. There is no evidence to suggest that it is electronic record as per the provisions of Information Technology Act, 2000 and as per Sections 65A and B or amended Evidence Act.(iii) The documents produced vide Exh. 54/1 does ... submitted that considering the various provisions under the Information Technology (Certifying Authorities) Rules, 2000; the Information Technology (Certifying Authorities) Regulation, 2001; the Information Technology (Qualification and Experience of Adjudicating Officer and manner on holding inquiry) Rules, 2003; the Information Technology (Security Procedure) Rules, 2004 and the provisions of Sections 3 and 65(a) of the Evidence Act, the documents produced and sought to be ... at this stage which is otherwise inadmissible in evidence.(vii) It is further submitted that the condition contemplated by Sub-section (2) of Section 65 of the Evidence Act are not satisfied, and therefore, Video CD. itself is inadmissible in the evidence.(viii) It is further submitted that there can be two types of objections regarding ...

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 01 2004

J. Rama Krishna Rao S/o late J. Chokka Rao and Ors. Vs. The Municipal ...

  • Decided on : 01-Nov-2004

Court : Andhra Pradesh

Reported in : 2004(6)ALD791; 2005(2)ALT186

... information, to facilitate electronic filling of documents with the Government agencies. As per Statement of Objects and reasons in enacting Information Technology Act, 2000 necessary amendments were made to 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 maters connected therewith followed by Freedom of Information Act ... and paper based communication. Keeping in view of the need and to facilitate e-commerce and with a view to facilitate electronic governance, the Information Technology Act, 2000 (for short 'the Act') was enacted which will make the citizens interaction with the Governmental offices hassle free and which will provide legal recognition for transactions carried out ... technology and to have more transparent in issuance of licence system, Government in G.O.Ms. No. 532, Finance & Planning Department accorded administrative sanction for implementation of the TWINS Pilot project, with the primary objective of providing various citizen services in a speedy and transparent manner, and subsequently, through G.O.Ms. No. 44, Information Technology ... Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for maters connected therewith followed by Freedom of Information Act, 2002, which is a step came as a breath of fresh air in otherwise cagey and inaccessible system.4. In the light of above evolution of computer technology and ...

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 ...

Jul 29 2005

Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh and Anr.

  • Decided on : 29-Jul-2005

Court : Andhra Pradesh

Reported in : 2006(1)ALD(Cri)96; 2005CriLJ4314

... . D.) Police, Hyderabad, registered under Sections 409, 420 and 120B of Indian Penal Code, 1860 (for short, IPC), Section 65 of the Information Technology Act, 2000 (for short, IT Act) and Section 63 of the Copyright Act, 1957 (for short, Copyright Act).2. The crime was registered against the petitioners on a written complaint given by the Head of Sales and Marketing Wing of ... as it is under Sections 409, 420 and 120B of Indian Penal Code, 1860 is quashed and insofar as the crimes under Section 65 of the Information Technology Act, 2000 and Section 63 of the Copyright Act, 1957, the criminal petitions are dismissed. The C.I.D. Police, which registered Crime No. 20 of 2003, is directed to complete investigation and file ... code. But a programme to be run by interpreter is not carried out on object code but on source code and then converted again. [Diane Rowland and Elizabeth Macdonald : Information Technology Law; Canandish Publishing Limited; (1997). p. 17] Thus, source code is always closely guarded by the computer companies, which develop different function specific computer programmes capable of handling ... science and technology especially in the field of communication and data processing, Parliament has amended Copyright Act, 1957 in 1995 bringing within its fold computer programme also as literary work to be protected by Copyright Act.26. Section 2(ffb), (fie) and 2(o) of Copy-right Act read as under.2(ffb) 'computer' includes any electronic or similar device having information ...

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 ...

Sep 13 2006

Stovekraft Private Limited, rep. by its Managing Director Rajendra Gan ...

  • Decided on : 13-Sep-2006

Court : Karnataka

Reported in : 2007(214)ELT179(Kar)

... Information Technology Act. The word 'electronic record' is defined under Section 2(1)(t) of the Information Technology Act, 2000, as under:Section 2(1)(t): 'electronic record' means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The word 'data' is defined under Section 2(1)(o) of the Information Technology Act ... Information Technology Act, 2000, as under:Section 2(1)(t): 'electronic record' means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The word 'data' is defined under Section 2(1)(o) of the Information Technology Act 2000, as under:Section 2(1)(o): 'data' means a representation of information ... In the Cyber world, the information may reside in several systems and can be deciphered using the process of computer. The Indian Evidence Act and the Information Technology Act of 2000, have provided for digital signatures, which make the digital records and digital signatures admissible. In view of the advancement of Cyber technology, the word 'document' almost ... Section 110 of the Act. In the normal course, the transactions generally leave some sort of physical evidence in the form of things or records. In the Cyber world, the information may reside in several systems and can be deciphered using the process of computer. The Indian Evidence Act and the Information Technology Act of 2000, have ...

Jun 01 2011

Manjeet Singh Vs. State of Himachal Pradesh

  • Decided on : 01-Jun-2011

Court : Himachal Pradesh

... passed under Sections 354 of the Indian Penal Code and that of Section 67 of the Information Technology Act, 2000 and also under Section 6 of the Indecent Representation of Women (Prohibition) Act stand affirmed. 20. The maximum sentence provided under Section 67 of the Information Technology Act, 2000 is only upto three years for the first conviction, therefore, it is reduced ... Information Technology Act, 2000 is more than prescribed, therefore, the impugned judgment of conviction and sentence passed against the appellant deserves to be set-aside. 8. On the other hand, Shri A.K.Bansal, learned Additional Advocate General supported the impugned judgment of conviction and sentence passed by the learned trial Court. He however submitted that Section 67 of the Information Technology Act ... under Sections 354, 363, 366, 376 (2) (g) and 506 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000 as well as Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986, to which they pleaded not guilty and claimed trial. 4. To prove its case, prosecution examined its witnesses and the ... imprisonment for three months. 4. Section 6 of the Indecent Representation of Women (Prohibition) Act,1986. - Rigorous Imprisonment for two years and fine of `2,000/-. In default to further undergo rigorous imprisonment for three months. 5. Section 67 of the Information Technology Act, 2000. - Rigorous Imprisonment for four years and fine of `10,000/-. In default to ...

Oct 09 2007

Charanjit Kaur Nagi Vs. Govt. of N.C.T. of Delhi and Ors.

  • Decided on : 09-Oct-2007

Court : Delhi

Reported in : I(2008)DMC45

... person living thousands of kilometers away from Delhi or anywhere in India to simultaneously communicate with another party. Also; technology has enabled parties today to attest documents digitally, and ensure digitally secure transmission, through Internet. The objective and philosophy underlying Information Technology Act is based on these developments. In these circumstances the inaction or indifference of the State to recognise these developments ... law has to adapt to changing times. Here, the requirements spelt out half a century ago are acting as impediments, even though technology has enabled myriad solutions to the authorities. It is open to evolve a suitable mechanism with a mix of technology by incorporating video-conferencing, authentication of identities by Embassies, and attestation of signatures in a similar manner.16. ... the rules were framed in 1956 and did not cater to a situation where technology has advanced and facilities such as video conferencing are available but which are not being resorted to. It was contended that there is nothing in Section 8 of the Hindu Marriage Act, 1955 which compels both spouses to be present at the time of ... solemnized by the Registrar, but certified to have been solemnized, by the Registrar on the basis of application to him. Under the Hindu Marriage Act he merely issues a certificate that according to the information supplied to him the parties were married on a particular date. Form B which is in terms of Rule 4 is at to the ...

Jun 13 2006

Bhim Sen Garg Vs. State of Rajasthan and Ors.

  • Decided on : 13-Jun-2006

Court : Rajasthan

Reported in : 2006CriLJ3643; RLW2006(3)Raj2411; 2006(4)WLC579

... , and Section 65 of Information Technology Act 2000.2. During, the course of investigation, the Investigating Officer has deleted the offence under Section 65 of the J.T. Act, 2000 from the purview of investigation and has proceeded to undertake further investigation only in regard to the offences under Sections 465, 469, 471,120-B, IPC.3. In the First Information Report, it has been ... in the impugned FIR would have constituted an offence under Section 182/211, IPC. for giving false information. As already submitted, the fabrication of the CD was an independent and separate Offence punishable under Sections 465, 469, 471, 120-B, IPC, and Section 5 of Information Technology Act, 2000. It is denied that the FIR has been lodged with a view to tiding over ... PITA Act and in the course of investigation when it was transpired that electronic report contained on the CD was tempered with and another CD was prepared by way of fabrication which was substantiated from the report of the State FSL, this constituted another and independent offence punishable under Sections 465, 469, 471, 120-B, IPC and Section 65 of Information Technology Act, 2000 ... Nagar on 27.01,2006 for the offences punishable under Sections 465, 467, 471 and 120-B IPC, and Section 65 of Information and Technology Act, 2000 and later on during investigation, the offence under Section 65 of the I.T. Act, 2000 has been deleted from the purview of investigation.11. The FIR No. 21/06 registered at P.S. Transport Nagar is ...

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