Securities and Exchange Board of India Act, 1992, Section 11, 11B -- Power of Board - Regulation of securities market - Held, SEBI has all the powers to protect interests of investors in securities and also to ensure orderly, regulated, and transparent functioning of stock markets...........
Securities and Exchange Board of India Act, 1992, Section 15Z -- Appeal - Raising new plea - Permissibility - Plea not made before SAT - First time raised in appeal - It is not even pleaded in grounds of appeal but only mentioned only in list of dates - Held, since Court is considering a statutory appeal u/s.15Z of the SEBI Act, same cannot be permitted to be raised for..........
Securities and Exchange Board of India Act, 1992, Section 30, 11(2) -- SEBI (Substantial Acquisition of Shares and Takeover) Regulations, Regns. 27(1)(d) & 20 - Public offer - Determination of lowest price - Held, determination of lowest price u/Reg.20 would be at a stage prior to making of public announcement and not thereafter...........
Criminal Procedure Code, 1973, Section 156, Constitution of India, 1950, Article 21 -- Cognizable offence - Investigation - Power of police - Held, power of Police Officers in field of investigation of a cognizable offence is not unlimited - Hence, power during investigation must be exercised strictly within limitation prescribed in CrPC and such power may not result in..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings - Complainant has manipulated and misused process of Court so as to deprive appellants from their basic right to move free anywhere inside or outside country - Moreover, it would be unfair if appellants are to be tried in such criminal proceedings..........
Land Acquisition Act, 1894, Section 5A, Constitution of India, 1950, Article 226 -- Batch of petitions - Deciding by one order - In the instant case in each case interested persons filed separate objections u/s 5A(1) of the Act and Collector made separate recommendations - High Court did not direct its attention to the factual matrix of the individual cases and dismissed..........
Constitution of India, 1950, Article 226 -- Direction or instruction issued by Superior - Junior not acting in terms of those direction or instructions - Held, if a subordinate authority in the Government does not act in terms of the direction or instruction issued by the superior authority, it is not for the Court to compel that subordinate authority to comply with the..........
Constitution of India, 1950, Article 226, 227 -- HUDA - Withdrawal of provisional allotment letter - Validity - Building branch was not releasing sanctioned building plan for want of regular letter of allotment and allotment branch was not issuing regular letter of allotment for want of proof of sanction of building plan - Petitioner had already paid entire price of plot..........
Constitution of India, 1950, Article 226 -- Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, S.4 & 5 - Allotment of industrial plot - Cancellation of - Eviction proceedings - Validity - Allotment of petitioner was cancelled way back on 07.01.2003 - Petitioner did not challenge that order before any forum - Said order have attained finality - Held, no..........
All India Council of Technical Education Act, 1987, Section 2(h), 2(i), 2(g), 10K, Universities Grants Commission Act, 1996, Section 2(f), 12, 13, 14, 12A -- Technical institution - Colleges affiliated to university - Held, affiliated colleges are excluded from purview of technical institution definition of the AICTE Act - Affiliated colleges need not seek approval from..........
