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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Allows Petition Challenging SEBI Summons Under Article 227 and BNSS 2023 — Summons Issued Without Proper Application of Mind Quashed. SEBI's Power Under Section 11(2) and 11(3) of SEBI Act, 1992 Must Be Exercised with Due Application of Mind and Not as a Routine Matter.

The petitioner, Neville Tuli, an entrepreneur aged 61, filed a writ petition under Article 227 of the Constitution of India and Section 528 of the Bha...

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Bombay High Court Allows Appeal by Depository Against Arbitral Award for Lost Shares Due to Third-Party Fraud. Court Holds That Depository Not Liable Absent Negligence or Breach of Contract Under Section 12(1-A) of SEBI Act, 1992.

The case involves an appeal by Central Depository Services (India) Ltd. (CDSL) against a judgment of a learned Single Judge dated 01/12/2025, which up...

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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

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Bombay High Court Dismisses Petition Challenging SEBI Settlement Regulations and Rejection of Settlement Proposal. Internal Committee's Power to Impose Conditions Precedent Upheld as Valid and Not Ultra Vires.

The petitioners, Abans Enterprises Ltd. and its promoter Abhishek Bansal, challenged the validity of regulations 6(1)(f) and 13(2)(ba) of the Securiti...

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Bombay High Court Dismisses PIL Seeking Regulation of Time Share Companies as Collective Investment Schemes Under SEBI Act. Court Holds That Time Share Arrangements Do Not Constitute Collective Investment Schemes and That Grievances Are Contractual in Nature.

The petitioner, M/s Securities & Time Share Owners Welfare Association, filed a public interest litigation seeking a direction to the Securities and E...

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High Court of Bombay Considers Revision Against SEBI Special Court's Rejection of Discharge in SEBI Prosecution for Non-Payment of Penalty. Vicarious Liability of Directors Under Section 27 SEBI Act Questioned Due to Absence of Specific Averments in Complaint.

The matter arose from four Criminal Revision Applications filed before the High Court of Bombay challenging a common order of the SEBI Special Court t...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...