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May 27 1996

S.M. Purtado and Etc. Etc. Vs. Dy. S.P., C.B.i. and Etc. Etc.

Court : Kerala

Decided on : May-27-1996

Subject : Criminal

Acts : Foreigners Act, 1946 - Sections 14; Foreigners Order, 1948; Territorial Water Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 7, 7 (4), 7 (5), 11, 12 (5) and 14; Official Secrets Act, 1923 - Sections 3 and 3(1); Criminal Procedure (Amendment) Act, 1978; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4); Amendment Act, 1973; Criminal Procedure code, 1974 - Sections 167, 167(1), 167(2), 173, 173(2), 173(8), 309, 309(2) and 344(1A); Indian Penal Code (IPC) - Sections 109 and 120B

Reported in : 1996CriLJ3042

of the Chief Judicial Magistrate Court. Ernakulam. The report dated 8-3-1996 contained offences under Section 3 of the Official Secrets Act, 1923, Section 4(1) of the Act and Section 109 of the IPC. But in the charge report filed in Court

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Sep 02 2009

The Central Public Information Officer, Supreme Court of India Vs. Sub ...

Court : Delhi

Decided on : Sep-02-2009

Subject : Right to information

Acts : Right to Information Act (RTI), 2005 - Sections 2, 3, 4, 4(1), 5, 6, 6(2), 6(3), 7, 8, 8(1), 11, 11(1), 11(2), 11(3), 11(4), 19, 19(3), 22, 24, 24(2) and 28; Freedom of Information Act, 2002; Prevention of Corruption Act, 1988; Indian Trusts Act, 1882 - Sections 88; Guardians and Wards Act, 1890 - Sections 20; Official Secrets Act, 1923; Indian Penal Code (IPC), 1860; Constitution of India - Articles 12, 19, 19(1), 32, 33, 124, 162, 226, 239, 309, 324 and 326; Right to Information Rules

Reported in : 2010(1)KarLJ383

the Act, and the provision in Section 22 - which overrides all other laws, etc. (even overriding the Official Secrets Act, 1923) the argument about such a confidentiality condition is on a weak foundation. The mere marking of a document, … deemed such declarations 'confidential'. It was also contended that the disclosure would be contrary to the provisions of Section 8(1) of the Act.5. The CIC, in its impugned order, reasoned that since the Supreme Court was established by

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Aug 14 1998

Union of India and ors. Vs. Shri B. Dev

Court : Supreme Court of India

Decided on : Aug-14-1998

Subject : Service

Acts : Central Civil Services (Classification, Control & Appeal) Rules, 1965 - Rule 14; CCS (Conduct) Rules - Rule 3(1); CCS Pension Rules, 1972 - Rules 8 and 9; Official Secrets Act, 1923 - Sections 5

Reported in : AIR1998SC2709; 1998(5)ALT6(SC); JT1998(5)SC480; 1998LabIC3007; 1998(4)SCALE557; (1998)7SCC691; 1999(1)SLJ196(SC)

any sketch, plan, model, article, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923...............' The explanation clearly extends grave misconduct to cover communication of any official secrets. It is not an exhaustive … several notices sent by him requesting the respondent to remain present at the enquiry. By its memorandum dated 8th of February, 1984, after taking into consideration the record of the enquiry and the facts and circumstances of

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Aug 07 1990

D.V. Kapoor Vs. Union of India and Others Overruled

Court : Supreme Court of India

Decided on : Aug-07-1990

Subject : ConstitutionService

Acts : Constitution of India - Articles 41, 136, 226, 309 and 311; Civil Services Pension Rules, 1972 - Rules 8(5) and 9; Civil Services Pension Rules 1972 - Rule 9; Civil Services Conduct Rules 1964 - Rule 3(1); Official Secrets Act, 1923 - Sections 5

Reported in : AIR1990SC1923; [1991(61)FLR429]; JT1990(3)SC403; 1990(2)SCALE175; (1990)4SCC314; [1990]3SCR697; (1990)3UPLBEC1970

of Civil Services Conduct Rules 1964, Section 4 of Payment of Gratuity Act, 1972 and Section 5 of Official Secrets Act, 1923 - appellant working in Indian High Commission at London transferred to Ministry of External Affairs, New Delhi - … Assistant Grade IV of the Indian Foreign Service, Branch 'B' in Indian High Commission at London. On November 8, 1978 he was transferred to the Ministry of External Affairs, New Delhi, but he did not join duty

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Jan 25 2002

Abk Prasad Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Decided on : Jan-25-2002

Subject : Criminal

Acts : Official Secrets Act, 1923; Indian Penal Code (IPC) - Sections 499, 500, 501 and 502; Code of Criminal Procedure (CrPC) - Sections 199(2); Constitution of India - Articles 8, 14, 19, 19(1), 19(2), 21, 104, 105 and 226

Reported in : 2002(3)ALT332; 2002CriLJ2464

maintain a suit for damages for defaming them. (5) Rule 3 and 4 do not, however, mean that Official Secrets Act, 1923 or any similar enactment or provision having the force of law does not bind the press or media. … Bilal Nazki, J.W.P. No. 860 of 1999 1. This Writ petition has been filed seeking a declaration that section 499 and 500 of Indian Penal Code are arbitrary, illegal and ultra vires of constitutional limitations and violative … Bilal Nazki, J.W.P. No. 860 of 1999 1. This Writ petition has been filed seeking a declaration

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Aug 29 1983

Mrs. Susheela Misra Vs. Delhi Administration

Court : Supreme Court of India

Decided on : Aug-29-1983

Subject : Media and CommunicationCriminal

Acts : Official Secrets Act, 1923 - Sections 8; Constitution of India - Article 32

Reported in : AIR1983SC1153; 1984(1)Crimes142(SC); 1983(2)SCALE389; (1984)1SCC202

become necessary to call him for questioning and that the Officers were empowered under Section 8 of the Official Secrets Act, 1923 to summon anyone for questioning to elicit information. The allegation of harassment was denied and it was stated

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Mar 19 2007

Tunde Gbaja Vs. Central Bureau of Investigation

Court : Delhi

Decided on : Mar-19-2007

Subject : Criminal

Acts : Arms Act - Sections 14; Foreigners Act, 1946 - Sections 14; Official Secrets Act, 1923 - Sections 3; Code of Criminal Procedure (CrPC) - Sections 57, 167, 167(1), 167(2), 173, 173(2), 173(8), 190, 190(1), 309 and 309(2); ;Indian Penal Code (IPC) - Sections 120B and 489A to 489E

Reported in : 2007(95)DRJ429

opinion regarding all the offences alleged against the accused. Admittedly, for the offence under Section 3 of the Official Secrets Act, 1923, in maximum punishment prescribed is 14 years of imprisonment. thereforee, under Section 167(2) of the Code, the maximum … filed before the court of the Metropolitan Magistrate within the stipulated time i.e. 60 days of his arrest. 8. The Respondent alleged that the Petitioner and two others could not produce any valid document regarding their stay

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Sep 30 2011

Arvind Kejriwal Vs. Central Public Information Officer and anr.

Court : Delhi

Decided on : Sep-30-2011

Subject : Right to Information

Acts : Right to Information Act (RTI), 2005 - Sections 11, 2(n), 9, 8; Official Secrets Act, 1923; Freedom to Information Act, 2002 - Section 8

the Parliament or a State Legislature shall not be denied to any person. (2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may … Thus, a public authority which has the information or access to the information can be a third person. Section 8 of the Act provides exemptions when information is not to be furnished or given. To interpret Section 11,

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Dec 21 2000

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Dec-21-2000

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

Northern Command, Udhampur (J & K) where he conducted a number of trials of Army personnel under Indian Official Secrets Act, 1923. While conducting the trial of one Maj. Gehlotin 1977, the appellant was implicated by Gnr. Aya Singh and … December, 1978. In the year 1978 he was awarded VSM.9. The appellant was transferred to 641 Field Security Section at Red Fort on 3.7.1978 to work as Officer Commanding.10. On 26.8.1978 Col. V.P. Gupta (INT) H. Northern

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May 21 1981

Sardarilal, Superintendent of Police, C.B.i./S.i.C. Vs. Narendra Narot ...

Court : Mumbai

Decided on : May-21-1981

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 437(1), 439(2) and 482; Official Secrets Act, 1923 - Sections 5(1), 13(3) and 13(4); Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2)

Reported in : 1982(1)BomCR486

at New Delhi. He is entrusted with the investigation of the alleged offence under section 5(1) of the Official Secrets Act, 1923 and section 5(1)(a) read with section 5(2) of Prevention of Corruption Act against one K.L. Arora and others. … concerned with the said offence particularly inasmuch as he was likely to gain an astronomical amount of Rs. 80 lakhs if the original contract with the C.F. Braun & Co. had subsisted. It is the allegation of

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