Central

Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

(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.

Summary

This section explains how a person can challenge a decision made by the Special Court.
Any judgment, decree, sentence, or order can be appealed directly to the Supreme Court.
You cannot appeal against an interlocutory order, which is a temporary order made while the case is still going on.
The appeal can be based on the facts of the case or on how the law was applied.

Practical examples

1Mr. Mehta is ordered by the Special Court on May 1st to pay a heavy fine for a stock transaction. He believes the judge made a mistake about the facts. He files an appeal with the Supreme Court on May 20th, which is within the 30 day limit.

2Ms. Kapoor wants to appeal a temporary order about where a hearing will be held. Because this is an interlocutory order and not a final decision, she is told she cannot appeal it to the Supreme Court under this specific law.

3A company receives a final judgment on January 10th but misses the February 9th deadline to appeal because their office was flooded. They file the appeal on February 15th, and the Supreme Court accepts it because the flood was a sufficient cause for the delay.

FAQ

1. Which court hears appeals from the Special Court?

Only the Supreme Court of India can hear these appeals.

2. Can I appeal if I think the judge got the facts wrong?

Yes, appeals are allowed on both the facts of the case and the legal points.

3. What is an interlocutory order?

It is a middle or temporary order made before the case is finished. You cannot appeal these specific types of orders.

4. What if I miss the 30 day deadline?

You can still try to file, but you must prove to the Supreme Court that you had a valid and sufficient reason for missing the deadline.

Test yourself

Q1.Under Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, where must an appeal against a Special Court judgment be filed?

Q2.According to Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what type of order is NOT eligible for an appeal?

Q3.Under Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what is the standard time limit for preferring an appeal?

Q4.Under Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, can an appeal be made regarding the facts of the case?

Q5.According to Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what happens if an appeal is filed after 45 days?

Q6.Under Section 10 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which other court has the power of revision over Special Court orders?

9BPreviousSection 9B Powers of the Special Court in arbitration matters.11NextSection 11 Discharge of liabilities.

←Section 9B Section 11→