Quantum of Penalty: factors include disproportionate gain, investor loss and repetitive default determining regulatory sanction. Section 19-I centralises the standards for adjudging penalty quantum by directing the Board or adjudicating officer to consider three primary factors: the quantifiable amount of disproportionate gain or unfair advantage from the default; the amount of loss suffered by an investor or group of investors; and the repetitive nature of the default. An explanatory clause treats the power to adjudge penalties under the earlier related provisions as exercised under this section, thereby unifying the criteria applicable to penalty assessment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Quantum of Penalty: factors include disproportionate gain, investor loss and repetitive default determining regulatory sanction.
Section 19-I centralises the standards for adjudging penalty quantum by directing the Board or adjudicating officer to consider three primary factors: the quantifiable amount of disproportionate gain or unfair advantage from the default; the amount of loss suffered by an investor or group of investors; and the repetitive nature of the default. An explanatory clause treats the power to adjudge penalties under the earlier related provisions as exercised under this section, thereby unifying the criteria applicable to penalty assessment.
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