Cognizance of offences by courts

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Securities and Exchange Board of India vs S. K. Shelgikar

   Supreme Court of India 21 Aug 2017 Binding (Supreme Court)

   Court's Decision & Legal Precedent

   Where a special statute expressly or by necessary implication divests lower courts of jurisdiction and vests it in higher courts through amendment, such amendment operates retrospectively to all pending matters, including those where offences were committed before the amendment and proceedings initiated before the amendment, unless the amendment itself expressly provides otherwise. The change of forum in such cases is not merely procedural but is mandated by express statutory language, and no person has a vested right to be tried by a particular forum once proceedings have been initiated. The legislative intent for retrospective application can be inferred from express language divesting jurisdiction from lower courts and vesting it exclusively in higher courts, as evidenced by phrases such as 'No court inferior to that of a Court of Session shall try any offence' and 'all offences committed prior to or after the date of commencement shall be tried by Special Court.'

   On this section: Central provision determining the forum of trial; amended in 2002 to change from Magistrate courts to Sessions courts, and in 2014 to establish Special Courts

   Read the full order on eCourts India

2. Ghanshyam Dass v. Naturoworth Medico Plants Ltd.

   High Court 21 Oct 2003 Persuasive (High Court DB) CWP 3352/1998; Final Order 21.10.2003 (Delhi HC DB — CJ & A.K. Sikri J.)

   Court's Decision & Legal Precedent

   DATE VERIFIED Final Order 21.10.2003 (order-1.pdf): DB held that under the SEBI Act action can be taken under s.24 and cognizance can be taken under s.26 even against companies; confirmed prior directions requiring SEBI to pursue winding-up/defaults with police and RoC assistance.

   On this section: s.26 cognizance gateway expressly cited — court may take cognizance of SEBI Act offences (including against companies) on the statutory complaint path.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.