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Feb 28 2019

Adjudicating Officer Securities and Exchange Board of India Vs. Bhaves ...

Court: Supreme Court of India

Decided on: Feb-28-2019

of India Act, 1992 (hereinafter referred to as “SEBI Act”) are exhaustive to govern the discretion in the Adjudicating Officer to decide on the quantum of penalty or the said conditions are merely illustrative?. (ii) Whether the power … with the power of adjudication and Section 15­J enumerates the “factors to be taken into account by the Adjudicating Officer” while adjudging the quantum of penalty.5. Section 15­A, illustratively, as existing prior to its amendment by Act No.59


Apr 26 2013

N Narayanan Vs. Adjudicating Officer, Sebi

Court: Supreme Court of India

Decided on: Apr-26-2013

OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.4112-4113 of 2013 (D.No.201 of 2013) N. Narayanan .. Appellant Versus Adjudicating Officer, SEBI .. Respondent JUDGMENT K. S. Radhakrishnan, J 1.India’s capital market in the recent times has witnessed tremendous … dated April 8, 2010 under Rule 4(1) of the SEBI (Procedure for Holding Inquiry and imposing penalties by Adjudicating Officer) Rules, 1995 was issued to the Directors to show cause why penalty be not imposed under Section 15HA


Feb 22 2023

Karthikeyan.C vs Adjudicating Officer(Food Safty) and Sub Collector,

Court: Kerala

Decided on: Feb-22-2023

PETITIONER: KARTHIKEYAN.C AGED 40 YEARS S/O. CHELLAPPAN PILLAI, SANTHA BHAVAN,KARUMKULAM, PUTHIYATHURA PO, THIRUVANANTHAPURAM. BY ADV M.SREEKUMAR RESPONDENTS: 1 ADJUDICATING OFFICER(FOOD SAFTY) AND SUB COLLECTOR, THIRUVANANTHAPURAM-695001. 2 FOOD SAFETY OFFICER, ARUVIKKARA CIRCLE, GOVERNMENT HOMEO DISPENSARY BUILDING. V ATTAKKULAM, ARUVIKKARA … distribution of rice powder and wheat powder under the name and style “EAT N JOY”. On 04.07.2017, the Adjudicating Officer (Food Safety) and Sub Collector, Thiruvananthapuram, conducted inspection at Variety Store and purchased four packets of wheat flour


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Sep 27 2023

Gopakumar B. Nair vs the Adjudicating Officer

Court: Kerala

Decided on: Sep-27-2023

ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE RESPONDENTS:1 THE ADJUDICATING OFFICER KERALA REAL ESTATE REGULATORY AUTHORITY OPP. CHAITANYA EYE HOSPITAL, KESAVADASAPURAM THIRUVANANTHAPURAM, PIN - 695004 2 KERALA REAL ESTATE … is only pressing the 2nd prayer made in this writ petition, namely, that the 1 st respondent - Adjudicating Officer, be directed to take up Exts.P14 to P16 petitions and pass orders thereon and that, until such time


Apr 26 2004

Krishna Kumar Aggarwal, Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: Apr-26-2004

Reported in: (2005)62SCL131SAT

an enquiry under the provisions of rule 4 of SEBI (Procedure for Holding Enquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 and to determine whether there was any violation of section 15A of the SEBI Act.5. In … ends of justice. At paragraph 5.17, the impugned order recognizes this difficulty of wastage of time of the Adjudicating Officer. Paragraph 5.17 of the impugned order reads as follows: "5.17 I have duly considered the said factors enumerated


Jul 21 2004

K.C. Palanisamy Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: Jul-21-2004

Reported in: (2005)58SCL240SAT

as there was substantial compliance. This order of this Tribunal was confirmed by the Bombay High Court.14. The Adjudicating Officer has imposed a total penalty of Rs. 5 lakhs. Taking into consideration the totality of the facts and


Feb 10 2005

Sanjay Kumar Gupta Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: Feb-10-2005

Reported in: (2006)65SCL410SAT

2. The appellant challenges the impugned order dated August 18, 2004 of the Adjudicating Officer appointed by SEBI which inter alia reads as follows: 7.1 Taking into consideration the above facts and circumstances … pursuant to an enquiry held under Rule 3 of SEBI (Procedure for holding enquiry and imposing penalties by Adjudicating Officer) Rules, 1995 in the matter violation of section 15A of SEBI Act for failure to company with the


Feb 07 2005

Rameshchandra Mansukhani, Nri Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: Feb-07-2005

approximately Rs.6/6.50 only. Therefore, according to the appellant he has suffered loss of Rs.3.50 per share. However, the Adjudicating Officer, while imposing penalty has wrongly applied the provisions of Section 15 H(ii) as they existed on the date … SEBI Act 1992 which reads as under: "15 J. While judging quantum of penalty under Section 15J, the adjudicating officer shall have due regard to the following factors namely: (a) the amount of disproportionate gain or unfair advantage,


May 04 2005

Eastern Silk Industries Ltd. Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: May-04-2005

Reported in: (2005)61SCL89SAT

2. The Adjudicating Officer of the respondent has imposed a penalty of Rs. 40,000/- for the non-compliance of clause 51 of the … to comply with the requirements of clause 51 of the Listing Agreement. No enquiry was made by the Adjudicating Officer from the Stock Exchange, Mumbai.8. The case of the appellant was that a letter was sent by BSE


Apr 18 2005

Porecha Global Securities Pvt. Vs. Adjudicating Officer,

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on: Apr-18-2005

Reported in: (2005)5CompLJ197SAT

2. The appellant in this appeal challenges the order passed by the Adjudicating Officer of SEBI dated 29th of October 2004. By the impugned order, SEBI has imposed a penalty of Rs.


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