Judgment Search Results Home > Cases Phrase: special court trial of offences relating to trnsactions in securities act 1992 section 7 jurisdiction of special court Page 1 of about 361 results (0.187 seconds)

Abn Amro Bank Vs. Indian Railway Finance Corporation Ltd. and Others

Court : Delhi

Reported in : 4(1995)DLT135

..... - (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment ordinance, 1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any matter or 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 3 is involved as a party, broker, intermediary or in any ..... it is prayed that the order of the company law board be set aside and the petition be transferred to the special court constituted under the special court (trial of offences relating to transactions in securities) act, 1992. 4. ..... their lordships of the supreme court have mentioned that the special court act was enacted to provide for establishment of the special court for the trial of offences relating to transactions in securities and matters connected therewith or incidental thereto. 23. ..... in this view of the matter, the application is allowed and consequently, this appeal and other connected applications shall stand transferred to the special court constituted under the provisions of the special court (trial of offences relating to transactions in securities) act, 1992. 34. .....

Canara Bank Vs. Nuclear Power Corporation of India Ltd. and ors.

Court : Supreme Court of India

Reported in : [1995]84CompCas70(SC); JT1995(3)SC42; 1995(2)SCALE162; 1995Supp(3)SCC81; [1995]2SCR482

..... of special court in civil matters - (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment ordinance, 1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any matter or 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 3 ..... an appeal from the judgment and order of the company law board which raises an interesting question as to the exclusive jurisdiction of the special court constituted under the provisions of the special court (trial of offences relating to transactions in securities) act, 1992. ..... drawn attention to the provisions of section 4 of the special court act and argued that even if the clb, under the provisions of section 111 of the companies act, made any order with regard to any securities, that order would stand at naught if an order relating to the same securities was made under section 4 of the special court act by reason of the fact that, under section 13 of the special court act, the order of the special court had effect notwithstanding anything inconsistent therewith contained in any decree or order of any court, tribunal or other authority. .....

Dy. Commissioner of Income Tax Vs. State Bank of India and ors.

Court : Supreme Court of India

Reported in : 2009(57)BLJR475; (2008)221CTR(SC)14; [2009]308ITR1(SC); JT2009(1)SC208; 2008(15)SCALE414; (2009)2SCC451; [2009]176TAXMAN116(SC)

..... the special court (torts) act, 1992 was enacted to provide for the establishment of a special court for the trial of offences relating to transactions in securities and for matters connected therewith or incidental thereto. ..... (5) the custodian may take assistance of any person while exercising his powers or for discharging his duties under this section and section 4.the special court has jurisdiction, under section 7 of the act, exclusively to hear and decide prosecutions in respect of offences under the said act, that is to say, offences relating to transactions in securities after 1-4-1991 and on or before 6-6-1992. ..... . the priority, however, which is given under section 11(2)(a) to such tax liability only covers such liability for the period 1-4-1991 to 6-6-1992.after having held thus, this court proceeded to determine the jurisdiction of the special court with respect to discharge of tax liability out of the funds in the hands of the custodian ..... . the assessee who is before the special court, is a person liable to be charged with an offence relating to transactions in securities ..... the present appeals were filed against the judgment and order of the special court constituted under the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter referred to as `act') for conducting trial of offences related to transactions in securities. .....

Rasila S. MehtA. Vs. Custodian, Nariman Bhavan, Mumbai

Court : Supreme Court of India

..... custodian appointed under sub-section (1) of section 3 of the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter referred to as the act) may entertain for consideration any information or complaint in writing submitted personally or sent by post to him by ----- (a) the reserve bank of india;(b) any bank or financial institution(c) any enforcement or investigating agency or department of the government;(d) any officer or authority of the government; (e) any person who is engaged in transactions of securities as a dealer, agent or broker;(f) any other person whose rights or interests in securities are affected:(g) any other ..... these persons were notified on the basis of information/complaint received from the ministry of finance in which the janakiraman committee report was cited and relied upon.e) on 25.01.1994, an amendment was carried out in the act, wherein, section 9-a was inserted to confer civil jurisdiction to the special court. ..... "23) section 9-a was inserted by an amendment dated 25.01.1994 conferring jurisdiction, powers, authority and procedure of special court in civil matters. ..... section 7 confers exclusive jurisdiction of special court. ..... "section 9 speaks about procedure and powers of special court and by way of an amendment with effect from 25th january, 1994, section 9-a was inserted to confer jurisdiction, powers, authority and procedure of special court in respect of civil matters. .....

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

..... takes us to the question of tenability of the petition against the second respondent, ketan parekh, who is a notified party under the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter referred to as 'the special courts act'). ..... a plain construction of section 9b, it is clear that it is a special court alone which has the jurisdiction and powers of the court conferred under the arbitration act, 1940, to decide any question forming the subject matter of the reference relating to any matter of claim mentioned in sub-section (1) of section 9a of the act. ..... the special court shall have the jurisdiction and powers of a court conferred under the arbitration act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter or claim mentioned in sub-section (1) of section 9a ..... this view of the matter also there is no merit in the submission that this court has jurisdiction to entertain an application under section 9 of the arbitration and conciliation act, 1996, notwithstanding the provision of section 9b of the special courts act. ..... therefore, in my view where a person has been notified under section 3(2) of the special courts act and he is said to have entered into an arbitration agreement a court as defined by the arbitration and conciliation act, 1996, does not have jurisdiction to entertain arbitration proceedings arising out of an arbitration agreement entered into by such a notified person.21. .....

Tax Recovery Officer, Central Range-1 Vs. Custodian the Special Court ...

Court : Supreme Court of India

Reported in : AIR2007SC2935; IV(2007)BC229(SC); 2007(2)BLJR2484; (2007)5CompLJ11(SC); (2007)211CTR(SC)369; [2007]293ITR369(SC); JT2007(10)SC188; 2007(10)SCALE81; [2008]82SCL3(SC); 2007AIRSCW5333

..... (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any matter or 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 3 is involved as a party, broker, intermediary or in any other ..... , 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 .....

A.B.N. Amro Bank Vs. Indian Railway Finance Corporation Ltd.

Court : Delhi

Reported in : [1996]85CompCas716(Delhi); 1995(35)DRJ647

..... procedure of special court in civil matters -- (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment ordinance, 1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any matter or claim-- (a)relation 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 3 is involved ..... the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of the sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any offence; (e) issuing commissions for the examination or witnesses or documents; (f) reviewing its decisions; (g) dismissing a case for default or deciding it ex parte; (h) setting aside any order of ..... (33) in this view of the matter, the application is allowed and consequently this appeal and other connected applications shall stand transferred to the special court constituted under the provisions of the special court (trial of offences relating to transaction in securities) act, 1992. .....

Minoo Mehta Vs. Shavak D. Mehta

Court : Supreme Court of India

Reported in : 1998IAD(SC)385; AIR1998SC831; 1998(1)ALD(Cri)323; 1998(1)ALLMR(SC)705; [1998]91CompCas895(SC); (1998)2CompLJ217(SC); 1998CriLJ1111; JT1998(1)SC111; 1998(1)SCALE95; (1998)2S

..... 'on and from the commencement of the special court (trial of offences relation to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction powers and authority as were exercisable, immediately before such commencement by any civil court in relation to any matter or 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 3 is involved as a party, broker, intermediary or in other ..... the short questions involved in this appeal is as to whether the special court, functioning under the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter referred to as 'the act), has jurisdiction to entertain and try the criminal case filed by respondent-complaint against the appellant-accused. ..... it is also true that on end from the commencement of the special court (trial of offences relating to transactions in securities) (amendment) act, 1994 as laid down by section 9-a pending suits against such notified persons contemplated by the special provisions would also stand transferred for adjudication to the special court. .....

Bank of India Vs. Ketan Parekh and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2361; 2008(5)ALLMR(SC)983; 2008(3)AWC3091(SC); III(2008)BC247; 2008(56)BLJR2070; [2008]143CompCas711(SC); (2008)5MLJ1097(SC); (2008)151PLR662; 2008(8)SCALE327; 2008AIRSCW3903; AIR2008SC2360; 2008(8)SCC148

..... - (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act,1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement by any civil court in relation to any matter or 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. ..... , 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 of the special court and the special court may, on receipt of the records of such suit, claim or other legal proceedings .....

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR564

..... as set out above, the second question is:'whether the phrase 'taxes' as used in section 11 of the special court (trial of offences relating to transactions in securities) act, 1992 can only mean amounts due as and by way of taxes or whether it would also include penalties and interests, if ..... as stated above, the first question is:' whether the priority created by section 11 of the special court (trial of offences relating to transactions in securities) act, 1992 is only in respect of amounts due prior to the date of notification and/or whether the priority would also apply to amounts due after the date of the ..... the issue or receipt of a notice is not, however, the foundation of the jurisdiction of the income tax officer to make the assessment or the liability of the assesses to pay the ..... is correct that the jurisdiction of normal civil courts is not done away with ..... at that time the finance act of 1940 was not operative in the area in question and the governor, by his notification, cannot give jurisdiction to the income tax officer in respect of his ultra vires ..... is founded on a misunderstanding of the jurisdiction of the income tax officer and the operation of the income tax act. ..... were the foundation of the jurisdiction of the income tax officer. ..... also be cases where a rectification of apparent errors is effected pursuant to jurisdiction granted by the relevant statute. ..... the jurisdiction to assess and the liability to pay the tax, however, are not conditional on the validity of .....