Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2006 - Constitutionality of- Accumulation of extensive properties disproportionate to the known sources of income by persons who had held or are C holding high political and public offices - Orissa Special Courts Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Orissa Special Courts Act, 2006 — — Constitutionality of- Accumulation of extensive properties disproportionate to the known sources of income by persons who had held or are holding high political and public offices — Special Courts under the Act for speedy trial for certain class of offences and for confiscation of properties — Held: The Orissa Special Courts Act is not hit by Art. 199 of the Constitution — Constitution of India - Art.199.Orissa Special Courts Act, 2006 - Special Courts under ~ Establishment of — Held: The establishment of |Special Courts under thé Orissa Special Courts Act is not violative of Art. 247 of the Constitution — Constitution of india - Art. 247.Bihar Special Courts Act, 2009 — Special Courts under — Establishment of — Held: The establishment. of Special Courts under the Bihar Special Courts Act is not violative of Art. 247 of the Constitution — Constitution of India — Art. 247. Orissa Special Courts Act, 2006 -— ss.5 and 6 — Provisions pertaining to declaration and effect thereof — Held: The provisions pertaining to declaration and effect of declaration as contained in ss.5 and 6 of the Orissa Special Courts Act, and the Bihar Special Courts Act, are constitutionally valid as they do not suffer from any unreasonableness or vagueness — Bihar Special Courts Act, 2009. Orissa Special Courts Act, 2006 — Chapter [Il — Confiscation of property or money or both — Held: Chapter Ill" of the both the Acts, namely, Orissa Special Courts Act and Bihar Special Courts Act, 2009, providing for confiscation of property or money or both neither violates Article 14 nor Article 20(1) nor Article 21 of the Constitution — Constitution of India—Arts. 14, 20(1) and 21. Bihar Special Courts Act, 2009 — Chapter III — Confiscation of property or money or both — Held: Chapter III of the both the Acts, namely, Orissa Special Courts Act, 2006 and Bihar Special Courts Act, providing for confiscation of property or money or both neither violates Article 14 nor Article 20(1) nor Article 21 of the Constitution — Constitution of India — Arts. 14, 20(1) and 21. Orissa Special Courts Act, 2006 — Procedure for confiscation and proceedings before the Authorised Officer — Held: The procedure provided for confiscation and the proceedings before the Authorised Officer do not cause any discomfort either to Article 14 or to Article 20(3) of the Constitution — Bihar Special Courts Act, 2009 — Constitution of India — Arts. 14 and 20(3). Orissa Special Courts Act, 2006 — Provision relating to appeal — Held: The provision relating to appeal in the Act is treated as constitutional on the basis of reasoning that the power subsists with the High Court to extend the order of stay on being satisfied. Bihar Special Courts Act, 2009 — Provision relating to appeal — Held: The provision relating to appeal in the Act is treated as constitutional on the basis of reasoning that the power subsists with the High Court to extend the order of stay on being satisfied. Orissa Special Courts Act, 2006 — s.18(1), proviso — Held: The proviso to s.18(1) of the Orissa Special Courts Act does not fall foul of Art.21 of the Constitution — Constitution of India—Art.217. Orissa Special Courts Act, 2006 — s.19 — Held: The provisions contained in s.19 pertaining to refund of confiscated money or property does not suffer from any kind of unconstitutionality. Bihar Special Courts Rules, 2010 — r.12(a) and (f) -— Held: Sub-rules (a) and (f) of .12 of the Bihar Special Court Rules being violative of the language employed in the Bihar Special Courts Act are ultra vires— Anything contained therein pertaining to the summary procedure is also declared as ultra vires the Bihar Special Courts-Act — Bihar Special Courts Act, 2009. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1041 |
Petitioner | Yogendra Kumar Jaiswal Etc. |
Respondent | State Of Bihar & Ors. |
SCR | [2015] 14 S.C.R. 1037 |
Judgement Date | 2015-12-10 |
Case Number | 6448-6452 |
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