Judgment Search Results Home > Cases Phrase: information technology act 2000 section 77a compounding of offences Page 1 of about 2 results (0.055 seconds)

Indian Olympic Association Vs Veeresh Malik and ors.

Court : Delhi

..... has impugned the orders holding him to be a public authority contending that the grants-in-aid are released by the department of commerce, department of information technology for specific programs/projects and the grants are also received from international agencies like the united nations industrial development organization (unido). ..... committee members of the petitioner from different industries will also not negate the control of department of information technology on the petitioner and petitioner's substantial funding by the government as contemplated under right to information act, 2005. ..... had the legislature intended otherwise, the words "body owned, controlled or substantially financed" would have been inserted with the opening words of section 2 (h) to read as a "public authority means a body owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate government or any authority, institution or body of self government established or constituted under the provisions of sub clause (a) ..... audited or accounting controls are concerned, the ioa relies upon copies of auditors reports and audited statements of accounts for the periods 01.04.1995 to 31.03.1996, 01.04.1996 to 31.03.1997, 01.04.1997 to 31.03.1998, 01.04.1998 to 31.03.1999, 01.04.1999 to 31.03.2000, 01.04.2000 to 31.03.2001, 01.04.2001 to 31.03.2002, 01.04.2002 to 31.03.2003, 01.04.2003 to 31.03.2004, 01.04.2004 to 31.03.2005. ..... report for the period 2000-2001 shows that rs .....

Manoj Oswal Vs. the State of Maharashtra, Through Sr.P.i and Another

Court : Mumbai

..... this writ petition under article 226 of the constitution of india r/w section 482 of the code of criminal procedure, 1973, the petitioner is seeking quashing of cr no.3212/2011 registered with the cyber crime cell, crime branch, pune alleging offences punishable under section 500 of the indian penal code and section 66a of the information technology act, 2000. ..... , 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 report be quashed to this extent. ..... powerful person and has thus managed to get the first information report registered although a bare reading of sections which have been invoked, would indicate that the information technology act, 2000 could not have been invoked. ..... is alleged that the information technology act, 2000 was deliberately used purely to convert a non cognizable offence into a cognizable one ..... provisions which have been invoked, insofar as the information technology act, 2000 is concerned, are sections 66a and 67 which read as under: 66a ..... the information technology act, 2000 has been deliberately referred to purely to convert a non cognizable offence into ..... these circumstances that one finds that the petitioner would urge that this act, though, prima facie, may come within the purview of sections 499 and 500 of the indian penal code, cannot be said to be falling within and covered by the relevant provisions of the information technology act, 2000. .....

ADV R. Mahalakshmi Vs. Commissioner of Police, Egmore and Others

Court : Chennai

..... of www.savukku.net as also a facebook account, that such shankar s/o.achimuthu is the accused in case pending trial in s.c.no.192 of 2009 on the file of fast track court iii, chennai, he having been charged for offences u/s.5 of the official secrets act, 43 and 66 of the information technology act, 378, 379, 463, 465, 470, 471 and 505 ipc on a complaint lodged by an erstwhile principal secretary to government home (sc) department, secretariat, chennai - 9, that on such website he was publishing articles mocking the ..... this court would readily admit that such orders were passed on the understanding that section 66-a of the information technology act was good in law. ..... metropolitan magistrate, chennai, praying for a direction to the inspector of police, cyber crime, egmore, to register a case against shankar s/o.achimuthu and another and her sister-in-law panimalar u/s.199, 211, 354, 120(b) ipc and section 66-a of information technology act and protection of women against harassment act. ..... certain orders came to be passed by this court and, we would confess, on impression of validity of section 66-a of the information technology act, the same then being on the statue book. ..... contempt petition filed under section 11 of the contempt of courts act to punish the respondents herein for their willful disobedience of the order passed in crl.o.p.no.27389 of 2013 dated 14.11.2014. .....

Syed AsifuddIn and ors. Vs. the State of Andhra Pradesh and anr.

Court : Andhra Pradesh

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

..... ) 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. ..... they would contend that the cell phone handsets with cdma technology supplied by the second respondent to its subscribers are dedicated to reliance indicomm limited and by interfering with the computer programme and converting the handsets to be responsive to the technology adopted by ttsl is itself an offence and therefore these petitions are not maintainable.9. ..... after conducting appropriate preliminary investigation and examining witnesses the police have come to the conclusion that the petitioners have committed offences involving highly technical aspects, and therefore unless and until proper evidence is let in before the criminal court, on mere assertions of the accused a crime cannot be quashed. ..... learned senior counsel also submits that there was no allegation against the petitioners that they deceived the second respondent fraudulently and dishonestly to deliver the property or to retain the property and therefore the offence of cheating under section 420 of ipc does not arise: as section 120b of ipc is relatable only to the offences under sections 490 and 420 of ipc, the charge under section 120b of ipc is misconceived. .....

Firos Vs. State of Kerala

Court : Kerala

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

..... appellant/petitioner approached this court for declaring that section 70 of the information technology act, 2000 (hereinafter referred to as 'the act') is unconstitutional and unenforceable and also for issuance of a writ of certiorari to quash ext.p10 notification issued by the government of kerala under sub-section (1) of section 70 of the act (central act no. ..... before going into the contentions raised, we may extract section 70 of the information technology act, 2000 as follows:70. ..... we agree with the finding of the learned single judge that section 70 of the information technology act is not unconstitutional, but, while interpreting section 70 of the information technology act, a harmonious construction with copyright act is needed and copyright of it government work is also protected under the copyright act and remedy provided under the copyright act can be availed by the parties, if their copyright is infringed even in respect of it work. ..... therefore, as far as copyright in respect of information technology is concerned, it has to be considered with reference to the provisions of the copyright act and as rightly held by the learned single judge section 70 of the information technology act is directly related to sections 2(k) and 17(d) of the copyright act and government's authority to notify the system as a protected system applies only to such of the system of 'government work'. .....

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

Court : Orissa

Reported in : AIR2005Ori11

..... 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. ..... the provisions in the information technology act, 2000 and in particular sections 2(1)(s) and 8 thereof cannot in any way make a difference to our aforesaid conclusion that the two regulations came into force on 5-8-2004 and 26-6-2004 respectively sections 2(1)(s) and 8 of the said act are quoted herein below :'2. ..... he pointed that section 4 of the information technology act, 2000 further provides that where any law provides that an information or any other matter shall be in writing or in a typewritten or in printed form, then notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is (a) rendered or made available in an electronic form, and (b) accessible so as to be usable for a subsequent reference. ..... 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 in an electronic form and accessible so as to be usable for a subsequent reference. .....

Sanjay Kumar Kedia Vs. Narcotics Control Bureau and anr.

Court : Supreme Court of India

Reported in : 2008(221)ELT20(SC); (2008)2SCC294; 2007AIRSCW7902; 2008(2)SCC294; (2008)1SCC(Cri)346; 2008(1)Crimes26; 2008(2)KCCR865;

..... tulsi that service providers such as the two companies which were intermediaries were protected from prosecution by section 79 of the information technology act, 2000. ..... in this situation, section 79 will not grant immunity to an accused who has violated the provisions of the act as this provision gives immunity from prosecution for an offence only under technology act itself.10. ..... (i) the accused and its associates are not intermediary as defined under section 79 of the said act as their acts and deeds was not simply restricted to provision of third party data or information without having knowledge as to commission of offence under the ndps act. ..... pointed out that the appellant had been charged for offences under sections 24 and 29 of the act which visualized that a person could be guilty without personally handling a psychotropic substance and the evidence so far collected showed that the appellant was in fact a facilitator between buyers and certain pharmacies either owned or controlled by him or associated with the two companies and that section 79 of the technology act could not by any stretch of imagination guarantee immunity from .....

State of Punjab and ors. Vs. Amritsar Beverages Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2820; 2006(7)SCALE587; (2006)607SCC7; [2006]147STC657(SC); 2006(2)LC1111(SC); 2006(7)SCC607

..... information technology act, 2000 although was amended to include various kinds of cyber crimes and the punishments therefore, does not deal with all problems which are faced by the officers enforcing the said act ..... we are of the opinion that fulfillment of the conditions laid down in the proviso contained in clause (b) of sub-section (3) of section 14 of the act are imperative in character, the authorities may take recourse to the aforementioned procedure in respect of seizure of a hard disk ..... active cooperation of the respondents was necessary having regard to the proviso appended to sub-section (3) of section 14 of the act inasmuch as in terms thereof the officer was entitled not only to affix his signature and his official seal at one or more places thereupon but also the dealer was ..... production and inspection of books, documents and accounts:(1) ***(2) ***(3) if any officer referred to in sub-section(1) has reasonable ground for believing that any dealer is trying to evade liability for tax or other dues under this act and that anything necessary for the purpose of an investigation into his liability may be found in any book, account, register or document, he may seize such book, account, register or ..... desai : 2003crilj2033 , this court opined that recording of evidence through video conferencing is permissible in terms of section 273 of the code of criminal procedure; stating:this court has approved the principle of updating construction, as enunciated by francis bennion .....

Avnish Bajaj Vs. State

Court : Delhi

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

..... company that owned the website at the relevant point in time, asks this court to annul his criminal prosecution for the offences of making available for sale and causing to be 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). ..... it is thereforee not necessary at this stage for this court to examine if there is a valid defense available to bipl or, whether, as contended by the prosecution, the offence would get attracted even on account of the illegal omissions of bipl.7.1 next, we turn to section 67 of the it act which reads as under:section 67-publishing of information which is obscene in electronic form whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or ..... circulation, or(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or(e) offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with ..... rapid transmission across the world wide web, and the absence of effective filters to screen out objectionable material from being accessed are factors that compound the challenge. .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... that section 1(2) of the income tax act provides that the act 'extends to the whole of india' and does not purport to give the act extra-territorial operation unlike other statutes like fera, fema, foreign contribution regulation act, official secrets act, information technology act, indian passport act, etc ..... ]supp1scr148 .in the above case, it was held that even if an agreement is executed outside india or the parties to the agreement are not in india and the agreement may not be registrable under section 33 of the mrtp act, being an outside agreement, nevertheless, if there is a restrictive trade practice as a consequence of outside agreement is carried out in india, then the monopolies restrictive trade practices commission in india will have ..... this is also clear from the explanation to the valuation section which says that no act or acts on the part of any person shall be punishable as an offence which would not have been so punishable if the section had not come into force.the liability to pay interest would only arise on default and is really in ..... and agreement dated 2nd may, 2000. ..... 2000 ..... and agreement dated 2nd may, 2000. . ..... : [2000]243itr367(mad) , wherein it is observed by the madras high court that;the argument for the assessees that the controlling interest in the company is capable of being transferred separately, apart from ..... : [2000]2scr506 , wherein it is observed that;the decision of the calcutta high court in modern fibotex india ltd : [1995]212itr496(cal) squarely covers .....