Supreme Court of India

Adjudicating Officer, Securities and Exchange Board of India v. Bhavesh Pabari

Neutral citation
Bench Ranjan Gogoi, Deepak Gupta and Sanjiv Khanna JJ.
Decided 28 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, we do not find any infirmity with the concurrent findings or with the quantum of penalty imposed and the same is upheld.

Judgment, page 23

From the headnote

Securities and Exchange Board of India Act, 1992 – s.15-J, Cl. (a), (b) & (c) – Whether conditions stipulated in Clauses (a), (b) and (c) of s.15-J are exhaustive to govern the discretion in the Adjudicating Officer to decide on the quantum of penalty or the said conditions are merely illustrative – Held: Provisions of Clauses (a), (b) and (c) of s.15-J are illustrative in nature and have to be taken into account whenever such circumstances exist – But this is not to say that there can be no other circumstance(s) beyond those enumerated in Clauses (a), (b) and (c) of s.15-J that the…

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