Cognizance Of SCRA Offences Requires Complaint By Government, SEBI Or Stock Exchange: Gujarat High Court

The Gujarat High Court has quashed criminal proceedings against an accused in an alleged illegal securities trading case, holding that courts cannot take cognizance of offences under the Securities Contracts (Regulation) Act on the basis of a police report alone. “A plain reading of Section 26 of the Act suggests that no court can take cognizance of any offense punishable under the Act except on a complaint made by the Central Government, the State Government, the Securities and Exchange Board...

Delhi High Court Dismisses Stock Broker's Plea Against Order Summoning Him In ₹42,000 Crore DHFL Fraud Case

The Delhi High Court has dismissed a petition filed by stockbroker Jalaj Batra challenging an order dated April 27, 2024 of a Special Judge (PC Act) at Rouse Avenue Courts, New Delhi, summoning him as an accused in the Rs 42,000 crore DHFL loan fraud and alleged share price manipulation case. The order involves taking cognisance of offences under the IPC and Prevention of Corruption Act, including criminal conspiracy, cheating, forgery and corruption. A bench of Justice Manoj Jain held that...

Ex-Promoter Of Learnfluence, Which Runs Lakshya Coaching Platform, Moves Kerala High Court Against IPO

Adheesh Damodaran, erstwhile promoter of Learnfluence Education Limited and co-founder of Lakshya CA Campus, has approached the Kerala High Court challenging the proposed initial public offering (IPO) of the company, which runs the Lakshya platform offering commerce education, alleging large-scale fraud, forgery, and manipulation of company records. In his writ petition, Damodaran has questioned the decision to allow Learnfluence to proceed with the IPO despite what he describes as “pervasive...

Digital Gold Transactions Not Outside Scope Of BUDS Act Due To Lack Of SEBI/RBI Regulation: Karnataka High Court

The Karnataka High Court has refused to quash criminal proceedings against Jar Gold Retail Private Limited and its director over allegations that its digital gold platform operates as an unregulated deposit scheme.The Court observed that merely because the purchase or storage of gold is not regulated by bodies such as the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI), such transactions cannot be treated as falling outside the scope of the Banning of Unregulated...

Delhi High Court Dismisses Plea Against SEBI NOC for NSE IPO, Says Remedy Lies Before SAT

The Delhi High Court has recently dismissed a plea challenging the No Objection Certificate granted by SEBI to the National Stock Exchange in relation to its proposed Initial Public Offering. Justice Jasmeet Singh observed that the petition appeared to have been filed only to stall the IPO. “I am of the view that the present petition seems to have been filed only to interdict the IPO of respondent No. 2,” the Court held. The plea was filed by retail investor K.C. Aggarwal, who stated that he...

Karnataka High Court Upholds Award Against Kotak Securities Over Unauthorised Share Sale

The Karnataka High Court has dismissed an appeal by Kotak Securities Limited and declined to interfere with an arbitral award holding the broker liable for unauthorised sale of shares and wrongful charging of interest. A bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the findings of the arbitral tribunal as well as the commercial court. The court found no merit in Kotak's attempt to reopen the dispute by advancing a new case at the appellate stage. “We do not consider it...

Delhi High Court Upholds Forensic Audit Into CRB Mutual Fund Winding Up

The Delhi High Court has upheld directions for a forensic audit into the winding up of the Arihant Mangal Growth Scheme of CRB Mutual Fund. It has also allowed the Securities and Exchange Board of India to take steps to recover money paid to CRB group entities if violations are found. A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar dismissed appeals filed by former members of a court-appointed special committee, former CRB Capital Markets director C.R....

Calcutta High Court Sets Aside Calcutta Stock Exchange Penalty Against Dalmia Securities Over Invalid Board

The Calcutta High Court has set aside a penalty order passed by the Calcutta Stock Exchange Ltd (CSE) against Dalmia Securities Pvt Ltd, holding that the decision was taken by an unlawfully constituted governing board. The court, however, upheld the validity of the underlying investigation. Justice Sabyasachi Bhattacharyya partly allowed the writ petition filed by Dalmia Securities and its director. He held that the investigation into alleged violations was legally valid, but the final order...