Bare Act Search Results

Prevention of Corruption Act, 1988 Chapter II

Title: Appointment of Special Judges

State: Central

Year: 1988

.....order referred to in clause (a) of sub-section (2) of that section, them, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and the provisions of sections 262 to 265 both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure prescribed by the said Code for the trial of.....

Prevention of Corruption Act, 1988 Section 5

Title: Procedure and Powers of Special Judge

State: Central

Year: 1988

.....whether as principalor abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code. (3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor. (4) In particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of sections 326 and 457 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a special Judge shall be deemed to be a Magistrate. (5) A special Judge may pass upon any person convicted by him any sentence authorised by.....

Prevention of Corruption Act, 1988 Section 4

Title: Cases Triable by Special Judges

State: Central

Year: 1988

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried byspecial Judges only. (2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government. (3) When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.

Prevention of Corruption Act, 1988 Section 26

Title: Special Judges Appointed Under Act 46 of 1952 to Be Special Judges Appointed Under This Act

State: Central

Year: 1988

Every special Judge appointed under the Criminal Law Amendment Act, 1952 for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act.

Prevention of Corruption Act, 1988 Section 3

Title: Power to Appoint Special Judges

State: Central

Year: 1988

(1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:-- (a)any offence punishable under this Act; and (b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a). (2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a SessionsJudge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 (2 of 1974).

Terrorist Affected Areas (Special Courts) Act, 1984 Section 5

Title: Composition and Appointment of Judges of Special Court

State: Central

Year: 1984

.....shall not be qualified for appointment as a Judge or an Additional Judge of a Special Court unless he, is immediately before such appointment a Sessions Judge or an Additional Sessions Judge in any State. (4) For the removal of doubts, it is hereby provided that the attainment by a person, appointed as a Judge or an Additional Judge of a Special Court, of age of superannution under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such Judge or Additional Judge. (5) Where any Additional Judge or Additional Judges is, or arc, appointed in a Special Court, the Judge of the Special Court may, from time to time, by general or special order, in writing, provide for the distribution of business of the Special Court among himself and the Additional Judge or Additional Judges and also for the disposal of urgent business in the event of his absence or the absence of any Additional Judge.

The Orissa Special Courts Act, 2006 Complete Act

State: Orissa

Year: 2006

.....(1) Notwithstanding anything in the Code, an appeal shall lie from any judgment and sentence of a Special Court to the High Court of Orissa both on facts and law. (2) Except as aforesaid, no appeal or revision shall lie in any court from any judgment, sentence or order of a Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment and sentence of a Special Court : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing that the appellant had sufficient cause for not preferring the appeal within the period. Section 10 - Transfer of cases Notwithstanding the other provisions of this Act, it would be open to the High Court of Orissa to transfer cases from one Special Court to another. Section 11 - Special Court not bound to adjourn a trial (1) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing. (2) The Special Court shall endeavour to dispose of the trial of the case within a.....

The Orissa Special Courts Act, 1990 Complete Act

State: Orissa

Year: 1990

..... (1) Notwithstanding anything in the Code, an appeal shall lie from any judgment and sentence of a Special Court lo the High Court of Orissa both on facts and law to be heard by a Division Bench constituted by the Chief Justice of the said High Court. (2) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order or-a Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment and sentence of a Special Court; Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing that the appellant had sufficient cause for not preferring the appeal within the period. 10. Transfer of cases. Notwithstanding any other provisions in this Act, it would be open to the Chief Justice of the High Court of Orissa to transfer cases from one Special Court lo another. 11. Special Court not bound to adjourn a trial. A Special Court shall nut adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons in be.....

Special Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 5

Title: Establishment of Special Court

State: Central

Year: 1992

.....as the Chief Justice of that High Court may, with the concurrence of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the jurisdiction and powers of3[a Judge of the Special Court] including the powers to pass final orders.". ________________________ 1.Substituted for the words "a sitting Judge" by Special Court (Trial of Offences relating to Transactions in Securities) Amendment Act (24 of 1994),section 2 (w.r.e.f. 25-1-94), (6 of 1997), section 2 (w.r.e.f 16-1-97). 2.Inserted by Special Court (Trial of Offences relating to Transactions in Securities) Amendment Act (24 of 1994),section 2 (w.r.e.f. 25-1-94). 3.Substituted for the words "the Judge of the Special Court", by Special Court (Trial of Offences relating to Transactions in Securities) Amendment Act (24 of 1994),section 2 (w.r.e.f. 25-1-94), (6 of 1997), section 2 (w.r.e.f 16-1-97).

The Orissa Special Courts (Repeal & Special Provisions) Act, 1995 Complete Act

State: Orissa

Year: 1995

.....for confiscation under Chapter ill of the said Act shall abate but in respect of money and other properties involved in such proceedings, the attachment proceedings may be taken under the Criminal Law (Amendment) Ordinance, 38 of 1994 and notwithstanding the fact that such proceedings are to taken or not, it shall be lawful for the respective Special Judges so pass orders of confiscation at the conclusion of the trial. (3) Save as provided in Sub-section (2), where orders of confiscation have been made under the said Act, such orders shall be deemed to be orders of attachment made under the provisions of the Criminal Law (Amendment) Ordinance, 38 of 1944 and shall be carried into effect accordingly. Explanation - The expression 'respective Special Judges' shall mean the Special Judges, appointed under Section 3 of the Prevention of Corruption Act, 49 of 1988 for the area within which the offence was committed or, appointed to try the offence referred to in Clause (c) of Sub-section (1) of Section 13 of that Act, as the case may be. Orissa State Acts