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1997 Supreme(Cal) 203

S.B.SINHA
JENSON AND NECHOLSON (INDIA) LTD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ajoy Gupta, BISVARUP GUPTA, P.K.DUTT, PARTHA SARATHI BOSE, S.PAL CHAUDHARY

S. B. SINHA, J.

( 1 ) THE petitioner in this application has prayed for the following relief:-"a) Declaration that Section 11b of the Securities Exchange Board of India. Act, 1992 introduced by the Securities Laws Amendment Act, 1995 is ultra vires the Constitution of India and the Companies Act, 1956 and is void in so far as it seeks to empower the Securities and Exchange Board of India to impose penalties on companies and bodies corporate to increase their capital by further issue of shares; b) A writ of and/or order and/or direction in the nature of Mandamus commanding and directing the respondents to withdraw, recall, rescind and cancel the said order dated February 11, 1997 and to forbear and refrain from giving any effect or further effect thereto in any manner whatsoever;c) A writ of and/or order and/or direction in the nature of Certiorari calling upon the respondents to certify and forthwith send to this Hon'ble Court its entire records culminating in the order dated February 11, 1997 so that the same be quashed and conscionable justice done;d) A writ of and/or order and/or direction in the nature of Prohibition prohibiting and restraining the respondents from giving any e























































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