IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Dalmia Securities Private Limited – Appellant
Versus
Calcutta Stock Exchange Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The writ petitioner no.1, M/s Dalmia Securities Private Limited, is a Company registered with the Securities and Exchange Board of India (SEBI), which is the second respondent, as a Stock Broker for carrying on activities of buying, selling and dealing in securities. The second petitioner is a Director of the petitioner no.1-Company. The respondent no.1 is the Calcutta Stock Exchange Limited (CSE).
2. The writ petition was filed challenging the withholding of excess security amount deposited by the petitioner no.1 with CSE and for ancillary reliefs. Initially, by an order dated February 2, 2022, the writ petition was disposed of by a learned Single Judge of this Court with an observation that the CSE should take a final call on the investigation that the claim is still pending against the petitioner without prejudice to the rights and contention of the parties, directing a final decision to be taken within a period of 45 days from the date of the order. The learned Single Judge further directed that in the event the CSE finds in its final order that the petitioners are not guilty of violation of any provisions of the Exchange or that continua
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Writ jurisdiction is maintainable against stock exchanges; principles of natural justice must be observed in disciplinary procedures, and Board decisions can be void due to improper constitution.
Shareholders have a right to access relevant documents in regulatory proceedings, emphasizing transparency and compliance by regulatory bodies.
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Income Tax Officer has no jurisdiction to issue a notice under Section 34 of the Income Tax Act.
The court emphasized that mixed questions of law and fact, such as res judicata, should not be decided as preliminary issues but rather simultaneously with all other related issues to ensure efficien....
The court affirmed that a show cause notice issued by SEBI is valid despite claims of delay and non-application of mind, emphasizing the necessity of fair opportunity for the petitioners to respond.
The main legal point established in the judgment is the entitlement of minority shareholders to documents related to SEBI investigations and show cause notices, and the obligation of SEBI to comply w....
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