Section 9B in The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

Title: Powers of the Special Court in arbitration matters

Description: 1[9B. Powers of the Special Court in arbitration matters.--(1) 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 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-section (1) of section 9A pending before any Court and governed by the Arbitration Act, 1940 (10 of 1940), immediately before the date of commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 (24 of 1994) shall stand transferred on that date to the 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 (10 of 1940).] 1 Ins. by Act 24 of 1994, s. 3 (w. e. f. 25-1-1994).

Title: Appeal

Description: (1) Notwithstanding anything in the Code 1[or the Code of Civil Procedure,1908 (5 of 1908) or the Arbitration Act, 1940 (19 of1940)], an appeal shall lie from any judgment 1[,decree] sentence or order, not being interlocutory order, of the Special Court to the Supreme Court both on facts and on law. (2) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment 1[,decree] sentence or order of the Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of any judgment, sentence or order of the Special Court: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. 1 Ins. by Act 24 of 1994, s. 4 (w. e. f. 25-1-1994).

Title: Discharge of liabilities

Description: (1) Notwithstanding anything contained in the Code and any other law for the time being in force, the Special Court may make such order as it may deem fit directing the Custodian for the disposal of the property under attachment. (2) The following liabilities shall be paid or discharged in full, as far as may be, in the order as under:-- (a) all revenues, taxes, cesses and rates due from the persons notified by the Custodian under sub-section (2) of section 3 to the Central Government or any State Government or any local authority; (b) all amounts due from the person so notified by the Custodian to any bank or financial institution or mutual fund; (c) any other liability as may be specified by the Special Court from time to time.

Title: Power to punish for contempt

Description: 1[11A. Power to punish for contempt.--The Special Court shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the modifications that— (a) the references therein to a High Court shall be construed as including a reference to such Special Court; (b) the references to the Advocate-General in section 15 of the said Act, shall be construed, in relation to the Special Court, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General.] 1 Ins. by s. 5, ibid. (w. e. f. 25-1-1994).

Title: Protection of action taken in good faith

Description: (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or the Custodian for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992