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Search Results Judgments > Phrase:Information Technology Act

Feb 20 2014

TAMILNADU ORGANIC PRIVATE LTD. Vs. STATE BANK OF INDIA

  • Decided on : 20-Feb-2014

Court : Chennai

... by the affixing of digital signatures, as provided under Section 3 of the Information Technology Act, 2000. Section 6 of the Information Technology Act, 2000, permits the use of electronic records and electronic signatures in the working of the government departments and agencies. Section 10-A of the Act talks of the validity of contracts formed through electronic means.65. The ... and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, while it has been inserted in the Information Technology Act, 2000. All the three procedures, namely, e-auction, public auction and auction by way of calling for tenders have been contemplated under the relevant provisions of the Information Technology Act, 2000. As such, it is clear that an e ... and Enforcement of Security Interest Act, 2002, or the Security Interest (Enforcement) Rules, 2002, to empower the respondent banks to choose the mode of auction. Authentication of electronic records are usually made by the affixing of digital signatures, as provided under Section 3 of the Information Technology Act, 2000. Section 6 of the Information Technology Act, 2000, permits the use of ... its origin to the Information Technology Act, 2000. The definition of Digital Signature is found in Section 2 (p) of the said Act. Clause (q) of Section 2 of the Act, states that a ".Digital Signature Certificate". means a Digital Signature Certificate issued under sub Section (4) of Section 35 of the Act. Section 3 of the Act, provides the ...

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 ... 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 ...

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 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 ...

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 ...

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 ...

Feb 24 2011

Kasturi And Sons Ltd. Vs. Union of India rep. And Ors.

  • Decided on : 24-Feb-2011

Court : Chennai

... the purview of service tax and it is also stipulated in section 65(19) of the Finance Act, 1994 that it does not include Information Technology Services and as per the explanation to that Section, the maintenance of computer software is included in information technology service. (b) After the judgment was rendered by the Supreme Court in Tata Consultancy Service v ... as business auxiliary service as defined under section 65(19) of the Finance Act, 1994 as substituted by the Finance (No.2) Act, 2004 and the definition information technology service includes computer software, system networking, data processing, etc., after the amendment effected in the Finance Act, 2006 and after 1.5.2006 only the services relating to designing or ... provisions of the Finance Acts in the respective financial years.8. Therefore, on fact, it is clear that till the advent of the Finance Act, 2007, the information technology which included maintenance of computer software, had been outside the purview of business auxiliary service, especially under section 65 and the term, goods in the Finance Act, 2007 has included ... Act, 2007, as stated above. Therefore, the liability for payment of service charge from 2007 which has been imposed by way of statutory incorporation is not in dispute. But the question for consideration is, till passing of the Finance Act, 2007 in the light of specific exemption of information technology from the purview of business auxiliary service under the respective Finance Acts ...

Feb 09 1995

Secretary, Ministry of Information and Broadcasting, Govt. of India an ...

  • Decided on : 09-Feb-1995

Court : Supreme Court of India

Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036

... a matter of policy for the Parliament. Having regard to the revolution in information technology and the developments all around, Parliament may, or may not decide to confer such right. If it wishes to confer such a right, it can only be way of an Act made by Parliament. The Act made should be consistent with the right of free speech of the citizens ... earth station installed, or parked, as the case may be, near the playing field to their designated communication satellite which will beam it back to earth. The revolution in communications/information technology is throwing up new issues for the courts to decide and this is one of them.29. The Doordarshan says that all these years it has been telecasting the cricket ... country not keeping pace with the technological advances in the field of information and communications. While all the leading democratic countries have enacted laws specifically governing the broadcasting media, the law in this country has stood still, rooted in the Telegraph Act of 1885. Except Section 4(1) and the definition of telegraph, no other provision of the Act is shown to have any ... medium.4. The Indian Telegraph Act. 1885 is totally inadequate to govern an important medium like the radio and television, i.e., broadcasting media. The Act was intended for an altogether different purpose when it was enacted. This is the result of the law in this country not keeping pace with the technological advances in the field of information and communications. While all the ...

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