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.