#Special Statute

The Gauhati High Court has ruled that only the Adjudicating Authority under Section 110A of the Customs Act, 1962 may order the release of seized goods-even after six months of seizure-baring criminal courts from interfering. This clarifies a critical jurisdictional divide, protecting customs enforcement from procedural encroachment by general criminal courts and reinforcing the statutory exclusivity of customs adjudication.

Allahabad High Court rules that where a specific remedy under Section 138 of the Negotiable Instruments Act is available, an aggrieved party cannot bypass it by invoking the general investigation powers under Section 156(3) CrPC. The decision reinforces the principle that special statutes override general procedural laws, impacting cheque dishonour cases nationwide.

Bombay HC rules that institutions with special statutes like the POSH Act need not conduct a separate departmental inquiry under CCS(CCA) Rules for major penalties like compulsory retirement. The ICC report under POSH Act is conclusive when institutional policies explicitly override general service rules, streamlining disciplinary proceedings for sexual harassment cases.

Madras High Court holds that Section 24(2) of the 2013 Land Acquisition Act does not apply to acquisitions under special statutes like Act 31 of 1978, where no re-conveyance mechanism exists.