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TMI Blog1996 (1) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... of the court for disclosing his assets on affidavit and upon having held him guilty, imposed a sentence of simple imprisonment for a period of three months and to pay a fine of Rs. 2,000. The Court also observed while passing the order that undergoing imprisonment and payment of fine shall not absolve the appellant from filing the affidavit disclosing all his assets. This order is the subject matter of challenge in appeal No. 856 of 1995. 3. An affidavit disclosing assets was filed by the appellant and, upon that event, a review petition being Review Petition No. 1 of 1995 was instituted seeking to get the order of 22-6-1995 reviewed. The learned Judge disposed of the review petition by the order dated 24-7-1995. The learned Judge, on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... z., notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any Court, Tribunal or other authority. He, therefore, urged that there can be no scope for any appeal being entertained under section 19 of the Contempt of Courts Act, 1971. He says that these two appeals are not maintainable and are liable to be summarily rejected. 5. Mr. Zaiwalla, in answer, on the point of maintainability of these appeals, contends that section 11A has been for the first time incorporated in the Special Court Act on 25-1 -1994. According to him, it is, therefore, clear that prior to the incorporation of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing heard by Division Bench of the High Court under section 19 of the Contempt of Courts Act. 7. Mr. Zaiwalla in support of the contention that section 19 of the Contempt of Courts Act governs the field in respect of intra court appeal and appellant has right of appeal under that provision, took us through the provision of section 2( d ) of the Special Court Act which defines Special Court and sections 5(2), 6, 8 and 9 thereof. According to him, the Special Court is a sitting Judge of the High Court and is otherwise to follow the procedure prescribed for trial of warrant cases before the Magistrate. He says that inasmuch as the Special Court is to consist of the sitting Judge of the High Court nominated by the Chief Justice for all purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt to try any person concerned in the offence referred to in subsection (2) of section 3 either as a principal, conspirator or abettor and all other offences and empowers joint trial also. Insofar as procedure and powers of the Special Court are concerned, they are spoken to in section 9. In that the Special Court shall in the cases of trial before it follow the procedure prescribed by the court for the trial of warrant cases before the Magistrate. Code has been defined under section 2( b ) to mean Code of Criminal Procedure, 1973. 10. Section 10 of the Special Court Act provides for appeal. It reads thus: " Appeal - (1) Notwithstanding anything in the Code, Code of Civil Procedure, 1908, or the Arbitration Act, 1940, an appeal sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Special Court Act. The said Act, in our opinion, is a complete code and, therefore, all appeals would be governed by the provisions of the said Special Court Act. Section 10 thereof in clear terms provides for appeal only to the Supreme Court. 12. Section 13 speaks of overriding effect of the Special Court Act and in terms states that the provisions of this Act shall have effect notwithstand-ing anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than the said Act or in any decree or order of any court, Tribunal or other authority. 13. In other words, the provisions of the Special Court Act have overriding effect over other laws fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alla, the learned counsel appearing for the appellants, that merely because a sitting Judge of the High Court is nominated by the Chief Justice as a Special Court and when the Special Court exercises powers under the provisions of the Contempt of Courts Act, the Special Court is a High Court. In our view, when the Special Court exercises its powers under section 11 A, such powers are exercised by the Special Court though the Special Court is composed of a sitting Judge of a High Court. Coming back to section 10, it is again not possible to accept the contention of Mr. Zaiwalla that non obstante clause is restricted only insofar as matters arising out of the Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908, and the Arbitrati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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