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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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High Court of Bombay Hears Petition to Quash Criminal Proceedings Based on SEBI Consent Order. The Court Reviews the Effect of Consent Order under Sections 11 and 11B of the SEBI Act on Pending Trial for Offences under Indian Penal Code and Prevention of Corruption Act.

The petitioner, an accused in two criminal cases arising from alleged illegalities in the Initial Public Offerings (IPOs) of Yes Bank Limited and Infr...

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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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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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Bombay High Court Dismisses PIL Challenging SEBI's Power to Call Call Data Records. SEBI's Investigative Powers Under Section 11 of SEBI Act, 1992 Include Access to CDRs, and Such Access Does Not Violate Right to Privacy.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by the Indian Council of Investors challenging the Securities and Exchange Bo...

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Bombay High Court Dismisses Petition Challenging SEBI Consent Guidelines Requiring Pendency of Proceedings. Requirement of pendency of court proceedings or adjudication for consent applications under SEBI Guidelines is not arbitrary and does not violate Article 14 of the Constitution.

The petitioners, Shilpa Stock Broker Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution challenging the validity of cl...

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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 ...