Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Under the SEBI Act, the first proviso to Section 223(1) of the BNSS applies to a complaint filed by the Board because the Act restricts who may initiate prosecution but does not prescribe a different cognizance procedure. The provision creates a mandatory pre-cognizance opportunity of hearing for the proposed accused. Treating the Special Court as a Court of Session does not exclude that requirement. On this analysis, cognizance and consequential process issued without such hearing were quashed, with fresh consideration directed after hearing the accused; merits remained open.
Under the SEBI Act, the first proviso to Section 223(1) of the BNSS applies to a complaint filed by the Board because the Act restricts who may initiate prosecution but does not prescribe a different cognizance procedure. The provision creates a mandatory pre-cognizance opportunity of hearing for the proposed accused. Treating the Special Court as a Court of Session does not exclude that requirement. On this analysis, cognizance and consequential process issued without such hearing were quashed, with fresh consideration directed after hearing the accused; merits remained open.
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