Court : Delhi
..... even with respect to protection of intellectual property rights, the legislature by amendment of 2012 has inserted section 65a and section 65b in copyright act, 1957 providing for protection of technological measures, and rights management information respectively. ..... this is evident from the enactment of the information technology act, 2000, wherein the legislature recognizes new media. ..... counsel submits that even the evidence act was amended in the year 2000 with the insertion of section 65a and section 65b, which provide for evidence related ..... learned counsel submits that the issue whether the plaintiff carries on business within the jurisdiction of this court-within the meaning of section 134 (2) of the trademarks act, 1999 ( act hereinafter), is a mixed question of fact and law, and the court can adjudicate on the aspect of jurisdiction even at the final ..... learned counsel submits that even though the plaintiff has no branch office or exclusive dealer in delhi, with the advent of new media and transactions over the internet, the plaintiff is deemed to carry on business within the territorial limits of this court as the plaintiff s website is accessible to consumers in delhi and the plaintiff s ..... 64 to 67 of 2008 decided on 29.02.2008 to submit that section 134 of the act is a special privilege conferred upon the proprietor of a registered trademark to institute a suit for infringement where ..... , 155 (2008) dlt164 which has been stayed by the supreme court and the same does not take into .....
Tag this Judgment!Court : Supreme Court of India
..... the aforesaid was due to the fact that, the it act prior to the information technology (amendment) act, 2008 (for short, the 2008 amendment act ), criminalized only one act being the publication or transmission of obscene material, under section 67. ..... the 50th report of the standing committee on information technology on the information technology (amendment) bill, 2007 noted that although a new provision in the form of section 67a had been proposed for specifically criminalizing publication or transmission of pornographic material with enhanced punishment, yet there was no specific provision pertaining to child pornography. ..... when the committee desired to hear the views of the department of information technology in incorporating an express provision on defining child pornography as suggested by the expert committee, it was replied that a new section 67a related to punishment for publishing or transmitting of material containing sexually explicit acts has been proposed as per which stringent provision has been made relating to pornography in general and would also automatically cover child pornography.121. ..... the committee note that clause 31 of the bill intends to insert a new section 67a which provides for stringent punishment for publishing or transmitting of material containing sexually explicit acts in electronic form. .....
Tag this Judgment!Court : Chennai
..... 33 and 62 list ii of the seventh schedule to the constitution of india, the definition section, inserting section 3(3b) of the act defining "direct to home service", the amendment to "entertainment" under section 3(4) of the act to include dth, and section 3(9) of the act defining "proprietor", the insertion of the charging provision under section 4-i of the act to levy tax on direct to home service under amendment act no.25 of 2011, with effect from 27.9.2011, which is under challenge now before this court ..... development of technology made its entry in the field of providing entertainment in the early 1990s, that apart from the traditional medium of getting entertainment through exhibition of films, entertainment through exhibition of films and other forms of information and recreation on ..... supreme court pointed out that under a flexible construction or generic interpretation, while the power remains the same, new developments of the same subjects and new means of executing an unchanging power do arise from time to time and the extent and ambit of ..... counsel, referred to the telecom regulatory authority of india act, 1997 and the telecommunications (broadcasting and cable services) interconnection rules, issued under sections 36 and 11 of the telecom regulatory authority of india act, 1997, telecommunications (broadcasting and cable services) (addressable system ) tariff order, 2004 and the subsequent tariff orders in 2007, 2008, 2010 and 2012, to highlight the treatment of cable .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT945
..... section 77b was introduced by the information technology (amendment) act, 2008 (act ..... 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. ..... offences alleged, going by annexure a first information report, are under sections 65 and 66(1) and (2) of the information technology act, 2000. ..... section 66 of the information technology act was substituted by act ..... to by the authorised representative of the de facto complainant company, it is seen that one of the offences alleged against the accused is under section 66(1) and (2) of the information technology act. ..... submitted that he inadvertently omitted to notice section 77b of the information technology act. ..... it is alleged that samdeep mohan varghese had been passing on and exchanging confidential information of the company to the other accused and third parties and those persons include his sister and ..... however, the learned counsel for the petitioners submitted that as non bailable offences under sections 419 and 420 of the indian penal code are also involved, though the petitioners were not aware of the same and though it was not mentioned in the bail ..... is the following: the de facto complainant, m/s jay polychem (india) limited, a company registered under the companies act, 1956, having its corporate office at d-143, defence colony, new delhi, is primarily engaged in the business of trading and distribution of petrochemicals in india and overseas. .....
Tag this Judgment!Court : Gujarat
..... as many as 11 named accused persons including the petitioner-juvenile for the alleged offence under sections 376/354/306/509/511 read with section 120b of the indian penal code as also under sections 66a/66b/67a/67b and 72 of the the information and technology (amendment) act, 2008.2. ..... the petitioner manish kumar was that when the principal accused deepak mahto, shayam mahto and rishu singh failed in their mission to commit gang rape, to which the daughter of the informant declined, the nude photograph which was taken by them on their cell phone was transferred to the cell phone of the other boys just to impeach the character of the girl. 3. ..... be recovered from the possession of the petitioner and i further find that the case of the petitioner does not come within the proviso of section 12 of the juvenile justice ( care and protection of children) act, 2000 so as to deny the statutory right of the petitioner of his bail wherein his bail has been made rule and refusal exception.5 ..... the instant criminal revision has been preferred under section 53 of the juvenile justice (care and protection of children) act, 2000 against the order impugned dated 14.01.2011 passed by the sessions judge, hazaribag in criminal appeal no.164 of 2010 by which the prayer for bail made by the petitioner-juvenile was rejected by ..... that no specific allegation was attributed against the petitioner manish kumar much less the offence alleged under sections 376/354/306/509/511 and 120b of the indian penal code. .....
Tag this Judgment!Court : Supreme Court of India
..... submit that the collection of biometrics prior to the aadhaar act was adequately safeguarded by the provisions of the information 418 technology act 2000; specifically those provisions, which were inserted or amended by the information technology (amendment) act, ..... used under clause (h) of sub-section (2) of section 23; (n) the terms and conditions for appointment of registrars, enrolling agencies and other service providers and the revocation of appointments thereof under clause (i) of sub- section (2) of section 23; (o) the manner of sharing information of aadhaar number holder under clause (k) of sub-section (2) of section 23; (p) various processes relating to data management, security protocol and other technology safeguards under clause (m) of sub-section (2) of section 23; (q) the procedure for issuance of new aadhaar number to existing aadhaar number holder ..... under clause (n) of sub- section (2) of section 23; (r) manner of authorising registrars, enrolling agencies or other service providers to collect .....
Tag this Judgment!Court : Delhi
..... this court is conscious that a significant amendment to this provision took place in 2008; the information technology amendment act was brought into force on 5 february, ..... growth of technology calls for new legislative and judicial approaches; dialogues are to be held between various stakeholders for creating non-discriminatory and transparent licensing schemes as well as a mutually acceptable framework for exchanging rights information. ..... the emergence of new types of markets and new types of information dissemination needed revisiting of these conventions; as a result wppt and wct, commonly known as internet treaties were framed ..... noted that apparatus occurred in the uk cdpa act, whereas parliament in india had not explained the scope of any place and kept its import wide, to encompass technological developments including the creation of a new space- i.e. ..... india-centric operational office, which modified works and inserted india centric advertisements into the videos, strengthened the inference of myspace s knowledge and liability for infringement under section 51(a)(ii). ..... ravindra bhat (judge) deepa sharma (judge) december23 2016 the above new paragraph was substituted by virtue of order recorded on 24.12.2016 which corrected grammatical errors and omission of a footnote in paragraph 67 of the judgment pronounced on ..... spectravest (supra) it was observed that those who were infringing would find new and ingenuous ways to infringe and injunction orders cannot be cabined or confined .....
Tag this Judgment!Court : Karnataka
..... snapdeal is an intermediary as defined under section 2(1)(w) of the information technology act, 2000, as amended by the information technology (amendment) act, 2008, and is therefore entitled to the exemption from liability in terms of section 79 information technology act, 2000, for the following reasons:5. 10. ..... no.4712 of 2020 2000, as amended by the information technology (amendment) act, 2008. ..... the words and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction were inserted by section 19 of the code of criminal procedure (amendment) act (central act 25 of 2005) w.e.f. ..... ***** in criminal petition no.4712 of2020between: snapdeal private limited (formerly known as jasper infotech private limited having its registered office at: sproutbox suryavillas suite #181 tr-4, first floor d-181, okhla industrial area, phase-1 new delhi, south delhi-110020 represented by its authorized signatory mr. ..... rohit kumar bansal chief operative officer and director of m/s jasper infotech private limited238 1st floor, okhla industrial estate, new delhi-110020 ... ..... kunal bahl chief executive officer and director of m/s jasper infotech private limited, 238 1st floor, okhla industrial estate, new delhi-110020 2. ..... a perusal of the complaint indicates that the address of accused nos.3 and 4 provided by the complainant himself is that of new delhi. .....
Tag this Judgment!Court : Karnataka
..... snapdeal is an intermediary as defined under section 2(1)(w) of the information technology act, 2000, as amended by the information technology (amendment) act, 2008, and is therefore entitled to the exemption from liability in terms of section 79 information technology act, 2000, for the following reasons:5. 10. ..... no.4712 of 2020 2000, as amended by the information technology (amendment) act, 2008. ..... the words and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction were inserted by section 19 of the code of criminal procedure (amendment) act (central act 25 of 2005) w.e.f. ..... ***** in criminal petition no.4712 of2020between: snapdeal private limited (formerly known as jasper infotech private limited having its registered office at: sproutbox suryavillas suite #181 tr-4, first floor d-181, okhla industrial area, phase-1 new delhi, south delhi-110020 represented by its authorized signatory mr. ..... rohit kumar bansal chief operative officer and director of m/s jasper infotech private limited238 1st floor, okhla industrial estate, new delhi-110020 ... ..... kunal bahl chief executive officer and director of m/s jasper infotech private limited, 238 1st floor, okhla industrial estate, new delhi-110020 2. ..... a perusal of the complaint indicates that the address of accused nos.3 and 4 provided by the complainant himself is that of new delhi. .....
Tag this Judgment!Court : Supreme Court of India
..... in conclusion, we may summarise what has been held by us above: section 66a of the information technology act, 2000 is struck down in its entirety being violative of article 19(1)(a) and not saved under article 19(2). ..... it will be useful to note that section 2(v) of information technology act, 2000 defines information as follows: "2. ..... even "criminal intimidation" is not defined - and the definition clause of the information technology act, section 2 does not say that words and expressions that are defined in the penal code will apply to this act.76. ..... the immediate cause for concern in these petitions is section 66a of the information technology act of 2000. ..... while it is true that the principles evolved by the supreme court of the united states of america in the application of the fourteenth amendment were eschewed in our constitution and instead the limits of restrictions on each fundamental right were indicated in the clauses that follow the first clause of the nineteenth article, it cannot be said as an absolute principle that no law ..... by bloodshed or lust are omitted from the interpretation of the court of appeals, we think fair use of collections of pictures and stories would be interdicted because of the utter impossibility of the actor or the trier to know where this new standard of guilt would draw the line between the allowable and the forbidden publications. ..... 285, 304 (2008). ..... director of public prosecutions reported in [2008]. 1 w.l.r. .....
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