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 ...


IPO fraud case quashing challenged: Matter remanded to Division Bench for fresh decision post-SEBI settlement.

Case Laws     SEBI

August 29, 2024

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. 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...

  2. Scheme of faceless assessment - the time given to the petitioner to show cause was virtually of three days only - It is deemed appropriate that rather than this Bench,...

  3. 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...

  4. Validity of Criminal proceedings - Allegation of Abetting mis-utilisation of Input Tax Credit for the wrong figures / amount by two of the Dealers - the basis of filing...

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

  6. Power of commissioner (appeals) to remand back the case - There are no piece of evidence to take a contrary view to the finding of the first appellate authority as to...

  7. Tour Operator Service - business of organizing outbound tour - division bench of tribunal referred the matter to the larger bench

  8. 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...

  9. Order quashed due to violation of principles of natural justice. Petitioner not afforded opportunity of hearing after supply of documents. Directions issued by HC not...

  10. 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...

  11. This case pertains to the denial of a GST claim for differential tax liability arising from increased prices of materials and wages. The respondent, BUIDCo, expressed no...

  12. Power of Remand - The order passed by the Commissioner (Appeals) remanding back the matter for fresh adjudication is set aside and the case is remanded back to the...

  13. Application for settlement of cases u/s 245C - Writ petition was pending when the Settlement Commission was abolished and Interim Board was brought into operation. This...

  14. Validity of fresh assessment orders - HC quashed the assessment order invoking the writ jurisdiction - othing has been observed by the High Court on the merits of the...

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

 

Quick Updates:Latest Updates