Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
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SEBI is authorised to take evidence under Section 11C and the Securities Appellate Tribunal may conduct proceedings under Section 15U; both bodies possess procedural powers to receive and evaluate evidence in adjudicatory functions. Adjudicatory determinations must be founded on evidence brought on record through statutory investigative and adjudicatory processes; external enquiry reports not forming part of the Board's investigation or enquiry must not be relied upon. On the facts, the Tribunal's imposition of costs on the appellant was found unjustified and that aspect of its order is set aside.
SEBI is authorised to take evidence under Section 11C and the Securities Appellate Tribunal may conduct proceedings under Section 15U; both bodies possess procedural powers to receive and evaluate evidence in adjudicatory functions. Adjudicatory determinations must be founded on evidence brought on record through statutory investigative and adjudicatory processes; external enquiry reports not forming part of the Board's investigation or enquiry must not be relied upon. On the facts, the Tribunal's imposition of costs on the appellant was found unjustified and that aspect of its order is set aside.
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