HIGH COURT AT PATNA (ESTABLISHMENT OF PERMANENT BENCH AT RANCHI) ACT, 1976 [Act, No.57 of 1976] [8th April, 1976] PREAMBLE An Act to provide for the establishment of a permanent bench of the High Court at Patna at Ranchi. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows.
View Complete Act List Judgments citing this sectionThis Act may be called the High Court at Patna (Establishment of a Permanent Bench at Ranchi) Act, 1976.
View Complete Act List Judgments citing this sectionThere shall be established a permanent bench of the High Court at Patna at Ranchi, and such Judges of the High Court at Patna, being not less than three in number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at Ranchi in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Hazaribagh, Giridih, Dhanbad, Ranchi, Palamau and Singhbhum: PROVIDED that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Patna
View Complete Act List Judgments citing this sectionTHE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 [Act, No. 77 of 1976] [11th June, 1976] PREAMBLE An Act to provide for the speedy trial of certain offences in certain areas and for matters connected therewith Be it enacted by Parliament in the Twenty-seventh year of the Republic of India as follows:
View Complete Act List Judgments citing this sectionIn this Act, unless the context otherwise requires,-- (a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (b) "disturbed area" means an area declared as a disturbed area under Section 3; (c) period of disturbance, in relation to a disturbed area, means the period during which it is to be a disturbed area for the purposes of Section 3; (d) "scheduled offence" means on offence specified in the schedule being an offence forming part or arising out of, or connected with, any such disturbance as is referred to in Section 3; (e) "Special Court" means a Special Court constituted under Section 4; (f) words and expressions used but not defined in this Act, and defined in the Code shall have the meanings respectively assigned to them in the Code.
View Complete Act List Judgments citing this section.....of the notification shall not, in the first instance, exceed three months but the State Government may amend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the State Government there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub- section (1) : Provided further that where the State Government is satisfied that there is no longer such disturbance of public peace and tranquillity as is referred to in sub-section (1) in such area, it shall amend the notification issued under that sub-section in respect of that area to limit the period specified therein (whether originally or by amendment under the preceding proviso) accordingly.
View Complete Act List Judgments citing this section(1) The State Government may, for the purpose of providing speedy trial of scheduled offences committed in disturbed areas, by notification in the official Gazette, constitute as many Special Courts as may be necessary in or in relation to such disturbed area or areas as may be specified in the notification. (2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon a request made by the State Government. Explanation.--In this sub-section, the word "appoint" shall have the meaning given to it in the explanation to Section 9 of the Code. (3) A person shall not be qualified for appointment as a judge of a Special Court unless-- (a) he is qualified for appointment as a judge of a High Court, or (b) he has for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge. (4) Notwithstanding anything contained in sub-section (3), a person shall not be eligible for being appointed as, and for being, a Judge of a Special Court in any State after he has attained the age at which Session Judges in that State have to retire from service.
View Complete Act List Judgments citing this section(1) Notwithstanding anything contained in the Code or any other law, a scheduled offence committed in any disturbed area at any time during the period during which it is a disturbed area shall be triable, whether during or after such period, only by the Special Court constituted in or in relation to the disturbed area in which the offence has been committed. (2) When trying any scheduled offence, a Special Court may also try any offence other than the scheduled offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with the scheduled offence.
View Complete Act List Judgments citing this section.....committed to it under Section 209 of the Code as if the Special Court were a Court of Session ; (b) in any other case, upon a police report of the facts together with a certificate from the public prosecutor to the effect that the offence is triable exclusively by the Special Court. (3) Where a scheduled offence is an offence triable exclusively by a Court of Session under the Code, a Special Court shall have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session. (4) Where a scheduled offence is an offence which is punishable with imprisonment for a term exceeding three years but which, according to the provisions of the Code, is not an offence triable exclusively by a Court of Session, a Special Court may on taking cognizance of the offences perform the functions of a Magistrate under Section 207 of the Code and thereafter try such offence so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session as if the Special Court were a Court of Session and the case had been.....
View Complete Act List Judgments citing this sectionWhere, after taking, cognizance of any offence, a Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no Jurisdiction to try the case, transfer the case for trial to any court having jurisdiction under the Code and the Court to which the case is transferred may proceed with the case as if it had taken cognizance of the offence.
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