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Judgment Search Results Home > Cases Phrase: officer or employees Sorted by: recent Court: sebi securities and exchange board of india or securities appellate tribunal sat Page 1 of about 276 results (0.108 seconds)

Jan 01 2007 (TRI)

Sebi Vs. Shri Kailash Chandra Agrawal,

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

..... further clarified that, as per the provisions of section 209a of the companies act, 1956, it was the duty of every director, or officer or employee or company to produce to the person making inspection, all such books of accounts and other books and papers of the company in his custody ..... ii) on the basis of such examination and discussion with the company, its directors and other officers, other agencies, independent verification of the statements concerning the objects of the preferential allotment, price justification and the contents of other documents and papers ..... shri kailash chandra agrawal had stated before the investigating officer of sebi (vide his statement dated april 11, 2003) that he had verified the relevant accounts including the bank statements, letter dated june 30, 1999 purportedly signed by the authorized signatory of padmini, ..... he had also stated before the investigating officer that he had relied upon the certificate given by padmini ..... the relevant portion of the statement of shri kailash chandra agrawal made before the investigating officer of sebi is quoted below: q3. ..... it is obligatory on the officers to furnish any such information as required by the auditor.4.24 the auditor must take reasonable care to ascertain that books furnished by the company ..... accounts, balance sheet and vouchers and other documents as may be necessary for the purpose of audit report.further the auditor can also require any information or explanation from any officers of the company. .....

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Jan 12 2006 (TRI)

Sebi Vs. Devichand Hansraj Oswal

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

..... to as broker regulations), the above mentioned sebi circulars and the bye-laws, rules and regulations of the stock exchange.2.2 the enquiry officer after conducting the enquiry in terms of the enquiry regulations found that the sub-broker has violated the regulation and the sebi circulars as stated vide para 1.2 above and submitted his enquiry report ..... of the following: c) sebi (stock brokers and sub-brokers)regulations, 1992 read with code of conduct as specified therein.2.1 sebi vide order dated march 01, 2004 thus appointed an enquiry officer under regulation 5 of sebi (procedure for holding enquiry by enquiry officer and imposing penalty) regulations, 2002 (hereinafter referred to as enquiry regulations) to enquire into the violations, if any, of sebi (stock broker and sub- broker regulations) 1992 (hereinafter referred ..... (4) it shall be the duty of every director, proprietor, partner, officer and employee of the stock-broker to give to the inspecting authority all assistance in connection with the inspection, which the stock broker ..... (1) it shall be the duty of every director, proprietor, partner, officer and employee of the stock-broker who is being inspected, to produce to the inspecting authority such books, accounts and other documents in his custody or control and furnish him with the statements and information relating to the transactions in securities market within such time as the said officer may require. .....

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May 11 2005 (TRI)

Jm Financial Asset Management Vs. Securities and Exchange Board of Ind ...

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

Reported in : (2005)5CompLJ190SAT

..... over the asset management company or the trustee as the case may be, or (ii) in respect of whom the asset management company or the trustee, directly or indirectly, by itself, or in combination with other persons exercises a control or (iii) whose director, officer or employee is a director, officer or employee of the asset management company;" the appellant submitted that, as mentioned in the above paragraph, the tcf and scs could not, by any stretch of imagination, be considered in any manner to have been associates of jmmf.16. ..... the decision of the appellant to invest and trade in g-sec was based upon a detailed study undertaken by the research team of jmmf and approved by the chief executive officer entitled "interest rate outlook" wherein the appellant weighed and considered trading in such securities by taking extremely safe risks.13. ..... this appeal is against the order of the adjudicating officer dated 31st august 2004 under the securities and exchange board of india (procedure for holding enquiry and imposing penalty by adjudicating officer) rules, 1995 (the enquiry rules). ..... the appellant further submitted that not a single statement was recorded and relied upon by sebi of the officers of ucbs. .....

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Jan 02 2004 (TRI)

Sebi Vs. Shri A.L. Shilotri

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

..... , (hereinafter "nitcl") a wholly owned subsidiary of tfl and not a director, officer or employee of tfl nor did he hold any position involving a professional or business relationship with tfl nor a person described in clauses (i) to (vii) of regulations ..... his reply dated 19th october 2001 whilst alleging that the file he received did not include the letter dated 9th april 2001 and that he did not recall exactly which was the officer from thfl, pune who informed him that central government approval was not likely to come through but that he was generally dealing with mr wagh had no answer to offer regarding the handwritten ..... is noted that shri shilotri was not a director or "deemed director or an officer or an employee of tfl. ..... shri avadhoot l shilotri (hereinafter referred to as "shri shilotri") was the president and chief executive officer of niskalp investment and trading company limited (hereinafter referred to as "nitcl"), then a virtually wholly owned subsidiary of tata finance limited (hereinafter referred to as "tfl") during the period 6.2.2001 to ..... with effect from 6th february 2001, he was appointed president and chief executive officer of nitcl by the board of directors of nitcl (and not by d s pendse) and continued as such till 20th july 2001 when his services were ..... payments to brokers were scrutinised and made by the back office and accounts department of nitcl and he was never involved in the day to day operations in that behalf nor did he have jurisdiction to authorise any .....

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Sep 11 2003 (TRI)

Balkrishna C. Parsana Vs. the Securities and Exchange Board of India

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

Reported in : (2003)4CompLJ550SAT

..... are extracted below: "(1) it shall be the duty of every director, proprietor, partner, officer and employee of the stock broker, who is being inspected, to produce to the inspecting authority such books, accounts and other documents in his custody or control and furnish him with the statements and information relating to the transaction in securities market within such time as the said officer may require. ..... therefore, in exercise of the powers conferred upon me by regulation 13(4) of the sebi (procedure for holding enquiry by enquiry officer and imposing penalty) regulations, 2002, i hereby impose a major penalty of suspension for a period of six months on ..... to have produced all the other records required by the respondent for inspection by its officers and it is not the respondent's case that these records were not produced in time ..... was only when faced with a show cause notice from the enquiry officer and inevitable action against him, the appellant had claimed to have produced ..... 10.12.1998, by s&k se pending inspection of your records at its head office mumbai".thus it is clear that the appellant's trading rights were suspended by the exchange at the instance of the respondent and the reason for that is the appellant's failure to produce certain books for ..... 3.5 as noted by the enquiry officer, it is of utmost importance that the broker who is to be inspected by regulatory authorities shall render necessary co-operation and produce all the required books and documents so that the .....

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Oct 25 2002 (TRI)

AshwIn K. Doshi, Pankaj G. Joshi, Vs. Securities and Exchange Board of ...

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

..... director, officer or employee of the acquirer, the seller, the target company, the merchant banker to give to the investigating officer all assistance in connection with the investigation, which the investigating officer may ..... who belong to the tata group and have been on the board of acc as being or belonging to tata group because of their association as directors in other tata group companies or being an employee of acc and the facts and circumstances stated herein would show that most of the directors who have controlling right or say to draw management into one direction or in control of the management ..... (3) the investigating officer, in the course of investigation, shall be entitled to examine or to record the statements of any director, officer, or employee of the ..... was brought in, in the context of large scale irregularities and malpractices in transactions in both government and other securities, indulged in by some brokers in collusion with the employees of various bonds and financial institutions and that the said irregularities and mal practices led to the diversion of funds from banks and financial institutions to the individual accounts of certain ..... . until such sale is effected, all other rights of the judgement-debtor remain unaffected even if the shares may have been seized by the officer of the court under rule 43 of order 21 of the code of civil procedure 1908 for the purpose of effecting the attachment, or through a receiver or through an order in terms of rule 46 .....

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Mar 19 2002 (TRI)

Mega Resources Limited Vs. Securities and Exchange Board of India

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

..... of every director, officer or employee of the acquirer, the seller, the target company, the merchant banker to give to the investigating officer all assistance in connection with investigation, which the investigating officer may reasonably require.47 ..... . (3) the investigating officer, in the course of investigation, shall be entitled to examine or to record the statements of any direction, officer or employee of the acquirer, the seller, ..... conducted at the behest of the respondent into the alleged acquisition of shares by the appellant is in excess and without jurisdiction for the reasons that there was no proper appointment of any investigating officer to carry out investigation under regulation 38; that the appellant has not been furnished with any complaint received from investors to commence investigation or the source of the respondent's knowledge or information warranting suo moto ..... of the acquirer, the seller, the target company, the merchant banker whose affairs are being investigated and of every director, officer and employee thereof, to produce to the investigating officer such books, securities, accounts, records and other documents in its custody or control and furnish him with such statements and information relating to his activities as the investigating officer may require, within such reasonable period as the investigating officer may specify ..... under instructions from the appellant by one of its employees and he had chosen a post office of his convenience. .....

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May 25 2001 (TRI)

Ujala Finstock (P.) Ltd. Vs. Securities and Exchange Board of

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

..... have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he ..... he pointed out that the appellant did not even bother to be present in the adjudication proceedings to explain its stand before the adjudicating officer in spite of several letters issued by the adjudicating officer.shri ranganayakulu also submitted that the adjudicating officer has acted well within his power in terms of section 15a and that since section 15a provides for penalty for each failure on the part of the person concerned, separate ..... (4) it shall be the duty of every director, proprietor, partner, officer and employee of the stock-broker to give to the inspecting authority all assistance in connection with the inspection, which the stock-broker may reasonably be expected ..... be the duty of every director, proprietor, partner, officer and employee of the stock-broker, who is being inspected, to produce to the inspecting authority such books, accounts and other documents in his custody or control and furnish him with the statements and information relating to the transactions in securities market within such time as said officer may require. .....

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Mar 27 2000 (TRI)

Chandrakant Gandhi Stock Brokers Vs. Securities and Exchange Board of ...

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

..... it is obligatory on the part of every director, proprietor, partner, officer and employee of the stock broker, who is being inspected, to produce to the inspecting authority such books of account and other documents in his custody or control and furnish him with the statements and information relating to the transactions in securities market within such time as the said officer may require.these regulations applicable to stock brokers are made under the act ..... in the light of the observation made by the inspection team, adjudication was ordered and an adjudicating officer was appointed for holding an enquiry to ascertain the truth or other wise of the allegation that the appellant did not co-operate with sebi's inspection team by not submitting ..... (vse) that the ibm computer provided by vse at the appellant's office was non functional at the relevant point of time for certain unknown reasons and as such the appellant was incapacitated to retrieve the information from the computer to ..... could not be readily produced, that the appellant had expressed readiness to produce the available books for inspection, and that all those books which the adjudicating officer directed to produce before him have been produced to his satisfaction. ..... it is evident from the impugned order that the adjudicating officer had taken into consideration the factual position submitted by the appellant before him during the adjudication proceedings as is evident from para 6.3 of his order, therein he had stated that .....

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Dec 24 2013 (TRI)

G. Jayaraman Vs. Securities and Exchange Board of India, Sebi Bhavan

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

..... object of keeping the trading window closed under para 3.2.3 of model code in addition to prohibition contained in regulation 3 of pit regulations is to doubly ensure that directors/officers and designated employees of the company do not misuse price sensitive information and trade in securities of the company while in possession of such unpublished price sensitive information. ..... para 1.2 and para 3.2.3 of the model code are relevant and they read thus:- 1.2 the compliance officer shall be responsible for setting forth policies, procedures, monitoring adherence to the rules for the preservation of price sensitive information , preclearing; of designated employees and their dependents trades (directly or through respective department heads as decided by the company), monitoring of trades and the implementation of the code of conduct under the overall supervision of the board of the listed ..... murti has traded without obtaining preclearance from appellant as required under pit regulations and in such a case appellant cannot be penalized is also without any merit, because liability to pay penalty by compliance officer for not closing the trading window when in possession of unpublished price sensitive information is not dependent upon the fact as to whether any designated employee when in possession of price sensitive information has traded in the shares of that company or not. .....

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