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january 2011

Supreme Court of India · 2011-01-31

VARGHESE K. JOSEPH vs THE CUSTODIAN .

Citation / case number
SC 2006/21152
Court
Supreme Court of India
Petitioner
VARGHESE K. JOSEPH
Respondent
THE CUSTODIAN .
Author
GYAN SUDHA MISRA
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court held that the Special Court's rejection of the appellant's application for certification of tainted shares under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 was erroneous. The Court found that there was no statutory provision mandating a cut-off date for such applications, and the appellant, being a small investor with no involvement in the alleged tainting of shares, should not be penalized for the delay. The Court reversed the Special Court's decision, allowing the appellant's application for certification of shares.

VARGHESE K. JOSEPH vs THE CUSTODIAN . · Niyam