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2006 Supreme(Ker) 258

J.B.KOSHY, V.K.BALI
B. N. Firos – Appellant
Versus
State of Kerala, Rep. by its Secretary Department of Information Technology – Respondent


Judgment :-

J.B. Koshy, J.

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.21 of 2000). According to the appellant, while disposing of the Writ Petition, the learned single Judge did not enter into any finding regarding the constitutional validity of Section 70 of the Act though it upheld Ext.P10 notification issued by the State Government. The learned single Judge also directed to withdraw the suit for declaration of copyright and for injunction filed against the petitioner though the learned single Judge held that the suit is maintainable. The court also directed respondents 1 to 4 to withdraw the criminal complaint filed against the petitioner if the petitioner accepts the judgment and informs the same to the second respondent in writing within a period of one from the date of judgment. The petitioner did not accept the judgment, but, challenged the same before this Cou


































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