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february 2019

Supreme Court of India · 2019-02-28

Adjudicating Officer Securities And ... vs Bhavesh Pabari

Citation / case number
AIR 2019 SUPREME COURT 1265
Court
Supreme Court of India
Petitioner
Adjudicating Officer Securities And ...
Respondent
Bhavesh Pabari
Author
Sanjiv Khanna
Bench
Sanjiv Khanna, Deepak Gupta, Ranjan Gogoi

Judgment text excerpt

The Supreme Court addressed two key questions regarding the interpretation of Section 15-J of the Securities and Exchange Board of India Act, 1992. It was held that the conditions in Section 15-J are not exhaustive but illustrative, allowing discretion to the Adjudicating Officer in determining penalties. Furthermore, the Court clarified that the discretion under Section 15-J is not eclipsed by the penalty provisions in Sections 15-A to 15-HA, affirming the authority of the Adjudicating Officer to impose penalties based on the factors outlined in Section 15-J.

Adjudicating Officer Securities And ... vs Bhavesh Pabari · Niyam