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May 29 2008

Avnish Bajaj Vs. State

Court : Delhi

Decided on : May-29-2008

Subject : Criminal

Acts : Information Technology Act, 2000 - Sections 67 and 85; ;Negotiable Instruments Act, 1881 - Sections 138 and 141; ;Customs Act, 1962 - Sections 140; ;Employees' Provident Fund (Miscellaneous Provision) Act, 1952 - Sections 14A; Essential Commodities Act, 1955 - Sections 3 and 10; Iron and Steel Control Order, 1956; ;Communications Decency Act; ;Telecommunications Act, 1996; ;Child Online Protection Act, 1998; ;Children Internet Protection Act, 2003; ;Criminal Justice and Public Order Act, 1994; ;Protection of Children Act, 1978; ;Protection of Children (Amendment) Act, 1994; ;Indian Penal Code (IPC) - Sections 32, 35, 292, 292(1), 292(2), 294, 405 and 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 190(1), 173(2), 204, 319 and 482; Water (Prevention and Control

Reported in : 150(2008)DLT769; 2008(105)DRJ721

published an obscene product within the meaning of Section 292 Indian Penal Code (IPC) and Section 67 of the Information Technology Act 2000 (IT Act). This petition under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') also raises questions … Akdeniz, 'Cyber Rights, Protection and Markets: Article Governing Pornography and Child Pornography on the Internet: The UK Approach' 32 University of West Los Angeles Law Review 247 (2001)] Akdeniz points out that although in some countries there

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Aug 26 2011

Radiological and Imaging Association Vs. Union of India and ors.

Court : Mumbai

Decided on : Aug-26-2011

Subject : Constitution

Acts : Constitution of India - Article 226; Pre-conception and Pre-natal Diagnostic Techniques Rules, 2003 ; Societies Registration Act, 1860 - Section 17, Section 4 and Rule 9; Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules, 1996 - Section 30, 32 rw 30, 29, 4(2)(3), 72-A, Rule 12; Information Technology Act, 2000 - Section 72, 5, 6, 23(2), 72 and 72 A ; Amendment Act of 2003 - Section 17(4); Evidence Act - Section 45

Kolhapur result into breach of confidentiality and privacy and therefore, constitute an offence punishable under section 72 of the Information Technology Act, 2000. 14. On the other hand, Mr. Kumbhakoni, learned counsel for the Collector and District Magistrate, Kolhapur, Mr. V.D. … Act read with Rule 12 confers power to search, seize and seal records and ultra- sound machine. 23. Section 32 confers upon the Central Government powers to make rules for carrying out the provisions of the Act, ;

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Jun 21 2005

Wipro Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jun-21-2005

Subject : Direct Taxation

Reported in : (2005)96TTJ(Bang.)211

Explanation to Section 80HHE of the IT Act, 1961 (43 of 1961), the CBDT hereby specifies the following information technology enabled products or services, as the case may be, for the purpose of said clauses, namely : includes … (a) Travelling expenses 3,465Disallowed under Rule 6D(b) Entertainment expenses 239(Considered separately)(c) Gratuity provision 1,93,44 22,048 ___________Less : Depreciation (Section 32) 7,63,861Telephone/Telex deposit under Tatkal 8,202Entertainment expenditure Section 37(2) 239 7,72,303 ___________(B) 90 per cent of amounts specified in … 111, Mount Road, 98/2761 Guindy, Chennai-600Pune Wipro Ltd., CTS, 685/2B STP/P/VIII(A) 10-3-2000 2000-01 2000-01Gurgaon Wipro Ltd., Flat No.201, PCMG/PSE/5 19-3-2000 2000-01 2000-01Mysore -- -- --

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Jul 02 2003

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Decided on : Jul-02-2003

Subject : Direct TaxationConstitution

Acts : Finance Act, 2001 - Sections 2(24), 17(1) and 17(2); Income Tax Act, 1961 - Sections 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Articles 14, 300A, 301 and 304

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

free of cost or at concessional rate for the purposes of this sub-clause. (iii) Omitted by the Finance Act, 2000, w.e.f. 1st April, 2001. (iv) any sum paid by the employer in respect of any obligation which, but … [1975]100ITR629(Mad) . This was so held even without any provision like Clause (vi) as was inserted for the first time vide Taxation (Amendment) Act of 1984 (Act No. 67 of 1984) w.e.f, 1st April, 1985, which was … Arts. 14, 300A, 301 and 304 of the Constitution of India. (ii) Section 17(2)(vi) as Parliament has delegated without authority of law and without any … come in operation at all as it was omitted by Act No. 32/1985 retrospectively w.e.f. 1st April, 1985. 6. Vide impugned notification, Rule 3 prescribing

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Oct 04 2002

Dr. Prakash Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Decided on : Oct-04-2002

Subject : Criminal

Acts : Constitution of India - Article 32; ;Tamil Nadu Preventive Detention of Bootleggers, Drug-Offenders, (Forest-Offenders), Goondas, Immoral Traffic Offenders and Slum-Grabbers for Preventing their Dangerous Activities Prejudicial to the Maintenance of Public Order Act, 1982 - Sections 3(1); ;Information Technology Act, 2000 - Sections 67; ;Indecent Representation of Women (Prohibition) Act, 1986 - Sections 4 and 6; ;Arms Act, 1959 - Sections 27

Reported in : AIR2002SC3533; 2003(1)ALT(Cri)275; 2002CriLJ4721; (2002)7SCC759; 2002(2)LC1501(SC)

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 (Prohibition) Act,1986 and under Section 27 of the Arms … Santosh Hedge, J.1. The petitioner who is under detention has preferred this writ petition under Article 32 of the Constitution of Indiachallenging the said detention.2. While the petitioner was a remand prisoner in CrimeNo. 1466/2001

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Dec 07 2020

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

Decided on : Dec-07-2020

Subject : Land Acquisition

295A, and 505(2) of the Indian Penal Code, 1860 (in short, the ‘Penal Code’) and Section 66-F of the Information Technology Act, 2000, (in short, the ‘IT Act’), no offence whatsoever can be made out; the allegations are based upon utterances … Page 3 of 1286. On or about 22nd June, 2020, the present writ petition was filed under Article 32 of the Constitution of India with an application for interim relief. This writ petition came up for hearing

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Feb 04 2008

Deputy Commissioner of Income Tax Vs. Nagarjuna Agro Tech Ltd.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Feb-04-2008

Subject : Direct Taxation

Reported in : (2008)304ITR251(Hyd.)

1995, dismissed the appeal of the assessee. On further appeal, the Tribunal, vide its order dt. 23rd June, 2000, in ITA No. 1907/Hyd/1995, has set aside the said order, and restored the matter to the file of … of Rs. 3,59,875 under Section 143(1A) of the Act.2.2 Against the said intimation, assessee carried the matter in first appeal. It was the case of the assessee that as per the final eligibility certificate issued by the … said rate had to be restricted in terms of proviso to Section 32(1) for use for less than 180 days. Only these questions could be

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Mar 14 2001

Mandhana Exports (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-14-2001

Subject : Direct Taxation

have been furnished. Therefore, whenever the assessee did not want to claim the depreciation, they were not furnishing the information as required by Section 34. The Hon'ble apex Court has also accepted the above position and held that … has an option to claim of depreciation and it can choose not to claim depreciation and amendment in Section 32 and Section 34 w.e.f. 1st April, 1989, has not altered the basic principle; 3. erred in drawing a … in view of the matter, the omission of Section 34 from the Act shall not alter the position of not claiming of depreciation; 5. erred

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Mar 22 2005

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-22-2005

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; Evidence Act, 1872 - Sections 74 and 75; Constitution of India (15th Amendment) Act, 1963; Code of Civil Procedure (CPC) - Sections 2(17); Parliament Act; Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); Information Technology Act, 2000 - Sections 2(1); Constitution of India (Forty-fourth Amendment) Act, 1978 - Sections 26; Code of Criminal Procedure (CrPC) - Sections 154; Legislative Assembly Rules - Rule 235; Constitution of India (42nd Amendment) Act; Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

the form of electronic record as defined in Clause (t) of Sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or … 716 and 717) :'5. Clause (1) of Article 226 begins with a non obstante clause--notwithstanding anything in Article 32--and provides that every High Court shall have power 'throughout the territories in relation to which it exercises jurisdiction',

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Mar 22 2005

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-22-2005

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; ;Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; ;Evidence Act, 1872 - Sections 74 and 75; ;Constitution of India (15th Amendment) Act, 1963; ;Code of Civil Procedure (CPC) - Section 2(17); ;Parliament Act; ;Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); ;Information Technology Act, 2000 - Section 2(1); ;Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 26; ;Code of Criminal Procedure (CrPC) - Section 154; ;Legislative Assembly Rules - Rule 235; ;Constitution of India (42nd Amendment) Act; ;Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

the form of electronic record as defined in Clause (t) of Sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or … 716 and 717) :'5. Clause (1) of Article 226 begins with a non obstante clause--notwithstanding anything in Article 32--and provides that every High Court shall have power 'throughout the territories in relation to which it exercises jurisdiction',

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