Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
SEBI - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Criminal proceedings involving allegations of fraudulent ...


Supreme Court rules Division Bench should hear IPO fraud case, overturns Single Judge's decision, grants interim stay.

August 29, 2024

Case Laws     SEBI     SC

Criminal proceedings involving allegations of fraudulent activities in an IPO were challenged. The validity hinged on whether a Single Judge or Division Bench should hear the case after SEBI settlement. The Supreme Court held that since a previous Division Bench had rejected the respondent's contentions, the present matter should have been heard by a Division Bench, not a Single Judge. The court refrained from commenting on merits to avoid prejudicing parties. It set aside the Single Judge's order quashing proceedings post-SEBI settlement and remanded the case to the Bombay High Court's Division Bench for an independent decision on quashing, uninfluenced by previous orders. An interim stay on further proceedings was granted for four weeks, with liberty to seek extension/modification from the Division Bench, which must dispose of the matter expeditiously within three months.

View Source

 


 

You may also like:

  1. Supremacy of decision division bench of a non-jurisdictional High Court and a single judge bench of a non-jurisdictional High Court - judicial hierarchy - Applicability...

  2. Binding Judgement of Lager Bench / Majority decision - strength of the Bench - In view of Article 145(5) of the Constitution of India concurrence of a majority of the...

  3. Rectification u/s 254 - violation of the provisions of section 255(3) - appeal heard by a Single Member Bench instead of Division Bench - since the income assessed in...

  4. Jurisdiction - Tax Case - such writ petitions cannot be posted before Single Judges. They have to be posted only before the Division Benches dealing with tax cases. This...

  5. Imposition of GST under the reverse charge mechanism on the mining lease amount paid by the petitioner to the Government (royalty) - The High Court directed the...

  6. Recovery proceedings - withdrawal of appeal by the respondent - In fact, the Division Bench also did not consider the order of the learned Single Judge on merits but has...

  7. Reference the matter to the larger bench of 3 members by the Single Member Bench - Even if the learned Member hearing this appeal found it difficult to accept the view...

  8. Bench Reconstitution and Order Pronouncement - Whether an order reserved by a bench could be pronounced by a reconstituted bench without considering a subsequent...

  9. The Supreme Court addressed the issue of the maintainability of a complaint u/s Prevention of Money Laundering Act, 2002 due to an improper grant of bail by a Bench not...

  10. GST levy on royalty payable for mining minerals - Reliance placed on Division Bench decision holding no GST recovery on royalty until Constitution Bench decision....

  11. The Delhi High Court dismissed the appeal challenging the findings of the Single Judge on the limitation period for a suit. The appellant did not dispute the legal...

  12. Validity of Show Cause Notice (SCN) - service tax is leviable on royalty paid on mining operations or not - issue is pending before the larger bench of the Supreme Court...

  13. Detention order challenged due to non-supply of relevant WhatsApp chats, which were part of the evidence relied upon by the detaining authority. The High Court Division...

  14. Levy of GST - Royalty- seigniorage fee paid by the petitioner to the Government - Referring to a relevant Division Bench Judgment, the High Court issued directions for...

  15. The Chief Justice, in his administrative capacity, cannot constitute a Larger Bench for the purpose of deciding a pure question of law simply because the Chief Justice...

 

Quick Updates:Latest Updates