Supreme Court of India

T. Takano v. Securities and Exchange Board of India & Anr.

Neutral citation
Reported as [2022] 16 S.C.R. 212
Bench Dr Dhananjaya Y Chandrachud and Sanjiv Khanna JJ.
Decided 18 February 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that all such documents relied on by the authority are required to be furnished to the noticee enabling him to show a proper cause as to why an inquiry should not be held against him though the Rules do not provide for the same.

Judgment, page 29

From the headnote

Securities and Exchange Board of India Act 1992 (SEBI) – ss. 11(1), 11(4), 11B, 11B(1), 11B(2), 11C and 15HA – SEBI (Prohibition of Fraudulent and Unfair Trade Practices) Regulatio ns 2003 (PFUTP Regulations) – Regn. 3(b), 3(c), 3(d), 4 (1), 4(2)(e), 4(2)(k), 5, 6, 9, 10, 11 and 12 – Regn. 6 – Disclosure of investigation report – Appellant was employed as MD and CEO in a public li sted company – Show cause notice issued to the appellant for v iolation of the provisions of the SEBI Act, SCRA and PFUTP Regulation s – Show cause notice specifically relied upon the repo rt of the investigation

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