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2003 Supreme(SC) 382

VIRENDER SAIGAL & CO – Appellant
Versus
A. K. MENON – Respondent


ORDER

1. The appellant is a stockbroker. He was holding shares and monies of Respondents 2, 3 and 4. On 6-6-1992, the Special Courts (Trial of Offences Relating to Transactions in Securities) Ordinance, 1992 (for short "the Ordinance") was issued in the light of large-scale irregularities and malpractices noticed in transaction in both government and other securities indulged in by some brokers in collusion with the employees in various banks and financial institutions. To ensure speedy recovery of the amount and to punish the guilty, the Ordinance was promulgated. The Ordinance inter alia provided under Section 3 for the appointment of a Custodian for the purposes of the Act. Under sub-section (2) of Section 3, the Custodian, on being satisfied on information received that any person has been involved in any offence relating to transactions in securities after the 1st day of April, 1991 and on or before 6-6-1992, may notify such person in the Official Gazette. Pursuant to this power the Custodian notified Respondents 2, 3 and 4 on 8-6-1992. As a result of such notification effected in terms of sub-section (2) of Section 3 of the Ordinance, the properties of the notified parties st


























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