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1 - 6 of 6 (0.23 seconds)The Securities and Exchange Board of India Act, 1992
Dilip S. Pendse vs Sebi on 19 November, 2009
In our view the
reliance placed by the Appellant in Balram Garg (supra) and
Dilip Pendse (supra) is misplaced and there is sufficient
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evidence to indicate that the Appellant traded in the
Company‟s share while in possession of UPSI.
Balram Garg vs Securities And Exchange Board Of India on 19 April, 2022
In our view the
reliance placed by the Appellant in Balram Garg (supra) and
Dilip Pendse (supra) is misplaced and there is sufficient
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evidence to indicate that the Appellant traded in the
Company‟s share while in possession of UPSI.
Hindustan Steel Ltd vs State Of Orissa on 4 August, 1969
Regarding the
imposition of penalty the Senior Counsel for Appellant placed
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reliance on Hon‟ble Supreme Court‟s decision in the matter of
Hindustan Steel Ltd vs State of Orissa [(1969) 2 SCC 627]
and this Tribunal‟s decision dated August 2, 2019 in the
matter of P.G. Electroplast Ltd. & Ors. vs. SEBI, Appeal No.
281 of 2017 to state that even if minimum penalty is
prescribed, the authority competent to impose the penalty will
be justified in refusing to impose penalty, when there is a
technical or venial breach of the provisions of the Act or
where the breach flows from a bone fide belief that the
offender is not liable to act in the manner prescribed by the
statute.
P. G. Electroplast Ltd. vs Sebi on 30 August, 2016
Regarding the
imposition of penalty the Senior Counsel for Appellant placed
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reliance on Hon‟ble Supreme Court‟s decision in the matter of
Hindustan Steel Ltd vs State of Orissa [(1969) 2 SCC 627]
and this Tribunal‟s decision dated August 2, 2019 in the
matter of P.G. Electroplast Ltd. & Ors. vs. SEBI, Appeal No.
281 of 2017 to state that even if minimum penalty is
prescribed, the authority competent to impose the penalty will
be justified in refusing to impose penalty, when there is a
technical or venial breach of the provisions of the Act or
where the breach flows from a bone fide belief that the
offender is not liable to act in the manner prescribed by the
statute.
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