Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992
The provisions of this Act shall have effect 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.
Summary
- This section gives this Act more power than any other law.
- If there is a conflict between this Act and another law, this Act wins.
- It applies regardless of what any other law says.
- It also overrides any "instrument" (legal document) that has the force of law.
- It even takes priority over orders or decrees from other courts or tribunals.
- This ensures the Special Court can do its work without being blocked by other legal rules.
Practical examples
FAQ
1. What happens if this Act says one thing and another law says the opposite?
This Act will have effect "notwithstanding" (regardless of) the other law. This Act wins.
2. Does this only apply to other Acts of Parliament?
No, it also applies to any "instrument" (legal document) with legal effect and orders from any court or tribunal.
3. Does this section give the Special Court unlimited power?
It gives the provisions of this Act overriding effect over inconsistent parts of other laws or orders.
4. What is an "instrument having effect by virtue of any law"?
These are documents like official notifications, rules, or contracts that get their legal power from a law.
Test yourself
Q1.Under Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what happens if this Act is inconsistent with another law?
Q2.According to Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, does this Act override court decrees?
Q3.Under Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what is included besides "laws" and "decrees"?
Q4.Under Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, does the Act override itself?
Q5.According to Section 13 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what does the phrase "for the time being in force" mean?