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Start Free TrialDisturbed Areas (Special Courts) Act, 1976 Section 6
Title: Procedure and Powers of Special Courts
State: Central
Year: 1976
.....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 sectionTerrorist Affected Areas (Special Courts) Act, 1984 Section 10
Title: Procedure and Powers of Special Courts
State: Central
Year: 1984
.....the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts. (2) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years or with fine or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall, so far as may be, apply to such trial: Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is undesirable to try it in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a Magistrate: Provided further that in the case of any conviction in a summary trial under this section, it.....
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Section 10
Title: Suspension of Letter of Approval and Transfer of Special Economic Zone in Certain Cases
State: Central
Year: 2005
.....take effect. (6) Upon suspension of the letter of approval under sub-section (1), the Special Economic Zone of the Developer referred to in sub-section (5) shall vest in the Administrator under sub-section (2) for a period not exceeding one year or up to the date on which the letter of approval for such Special Economic Zone is transferred, whichever is earlier, in accordance with the provisions contained in sub-sections (7) and (9), as the case may be. (7) Where the Board has given notice for suspension of letter of approval under sub-section (5), the Developer may, after prior approval of the Board, transfer his letter of approval to any person who is found eligible by the Board for grant of such approval. (8) If at any time, it appears to the Board that the purpose of the order appointing the Administrator has been fulfilled or that for any reason it is undesirable that the order of appointment should remain in force, the Board may cancel the order and thereupon the Administrator shall be divested of the management of the Special Economic Zone which shall, unless otherwise directed by the Board, again vest in the person, being the Developer, in whom it was vested.....
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Complete Act
Title: Special Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992
State: Central
Year: 1992
Preamble1 - SPECIAL COURT (TRIAL OF OFFENCES RELATING TO TRANSACTIONS INSECURITIES) ACT, 1992 Section1 - Short title and commencement Section2 - Definitions Section3 - Appointment and functions of Custodian Section4 - Contracts entered into fraudulently may be cancelled Section5 - Establishment of Special Court Section5A - Distribution of cases amongst Judges of Special Court Section6 - Cognizance of case by Special Court Section7 - Jurisdiction of Special Court Section8 - Jurisdiction of Special Court as to joint trials Section9 - Procedure and powers of Special Court Section9A - Jurisdiction, powers, authority and procedure of Special Court in civil matters Section9B - Powers of the Special Court in arbitration matters Section10 - Appeal Section11 - Discharge of liabilities Section11A - Power to punish for contempt Section12 - Protection of action taken in good faith Section13 - Act to have overriding effect Section14 - Power to make rules Section15 - Repeal and savings
List Judgments citing this sectionTerrorist Affected Areas (Special Courts) Act, 1984 Complete Act
Title: Terrorist Affected Areas (Special Courts) Act, 1984
State: Central
Year: 1984
Preamble1 - TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Declaration of terrorist affected area Section4 - Establishment of Special Courts Section5 - Composition and appointment of Judges of Special Court Section6 - Place of sitting Section7 - Jurisdiction of Special Court Section8 - Powers of Special Courts with respect to other offences Section9 - Public Prosecutors Section10 - Procedure and powers of Special Courts Section11 - Power of Supreme Court to transfer case Section12 - Protection of witnesses Section13 - Power to transfer cases to regular courts Section14 - Appeal Section15 - Modified application of certain provisions of the Code Section15A - Abolition of certain Special Courts Section16 - Overriding effect of Act Section17 - Delegation Section18 - Power to make rules Section19 - Saving Section20 - Amendment of Act 1 of 1872 Section21 - Repeal and saving Schedule1 - SCHEDULE
List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9
Title: Procedure and Powers of Special Court
State: Central
Year: 1992
(1) The Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of warrant cases before a Magistrate. (2) Save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before the Special Court and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session, and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. (3) The Special Court may pass upon any person convicted by it any sentence authorised by law or the punishment of the offence of which such person is convicted. (4) While dealing with any other matter brought before it, the Special Court may adopt such procedure as it may deem fit consistent with the principles of natural justice.
View Complete Act List Judgments citing this sectionDisturbed Areas (Special Courts) Act, 1976 Section 4
Title: Constitution of Special Courts
State: Central
Year: 1976
(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 sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 5A
Title: Distribution of Cases Amongst Judges of Special Court
State: Central
Year: 1992
Where the Special Court consists of two or more Judges, the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated may, from time to time, by general or special order, make provisions as to the distribution of cases amongst the Judges and specify the matters which may be dealt with by each of such Judge.] ________________________ 1. Inserted by Special Court (Trial of Offences relating to Transactions in Securities) Amendment Act (6 of 1997),section 83 (w.r.e.f. 16-1-97).
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9A
Title: Jurisdiction, Powers, Authority and Procedure of Special Court in Civil Matters
State: Central
Year: 1992
.....before such commencement, by any civil Court in relation to by matter of claim-- (a) relating to any property standing attached under sub-section (3) of section 3; (b) arising out of transactions in securities entered into after the 1st day of April, 1991, and on or before the 6th day of June, 1992, in which a person notified under sub-section (2) of section 3is involved as a party, broker, intermediary or in any other manner. (2) Every suit, claim or other legal proceeding (other than an appeal) pending before any Court immediately before the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the Special Court under sub-section (1), shall stand transferred on such commencement to the Special Court and the Special Court may, on receipt of the records of such suit, claim or other legal proceeding, proceed to deal with it, so far as may be, in the same manner as a suit, claim or legal proceeding from the stage which was reached.....
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9B
Title: Powers of the Special Court in Arbitration Matters
State: Central
Year: 1992
(1) The Special Court shall have the jurisdiction and powers of a Court conferred under the Arbitration Act, 1940 to decide any question forming the subject matter of a reference relating to any matter or claim mentioned in sub-section (1) of section 9A. (2) Every suit or other proceeding (other than an appeal) in relation to any matter or claim referred to in sub-sec. (1) of section 9A pending before any Court and governed by the Arbitration Act, 1940,immediately before the date of commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 shall stand transferred on that date to Special Court. Explanation.--For the purposes of this section, the expressions "Court" and "reference" shall have respectively the same meanings as defined under clauses (c) and (e) of section 2 of the Arbitration Act, 1940.]
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