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    <title>1997 (2) TMI 411 - HIGH COURT OF GUJARAT</title>
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    <description>A proviso barring lawyer or advocate representation at the enquiry stage under the SEBI stock broker disciplinary framework was held to deny a fair and reasonable opportunity of defence. The Court reasoned that proceedings affecting registration and possible suspension involve serious civil and pecuniary consequences, so natural justice and fair procedure require legal assistance where the issues are complex. The absolute exclusion of discretion in the enquiry authority was found unconstitutional for violating Articles 19 and 21. The proviso was struck down, the enquiry and consequential suspension orders were quashed, and fresh proceedings were permitted in accordance with law.</description>
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    <pubDate>Thu, 27 Feb 1997 00:00:00 +0530</pubDate>
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      <title>1997 (2) TMI 411 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=103395</link>
      <description>A proviso barring lawyer or advocate representation at the enquiry stage under the SEBI stock broker disciplinary framework was held to deny a fair and reasonable opportunity of defence. The Court reasoned that proceedings affecting registration and possible suspension involve serious civil and pecuniary consequences, so natural justice and fair procedure require legal assistance where the issues are complex. The absolute exclusion of discretion in the enquiry authority was found unconstitutional for violating Articles 19 and 21. The proviso was struck down, the enquiry and consequential suspension orders were quashed, and fresh proceedings were permitted in accordance with law.</description>
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      <pubDate>Thu, 27 Feb 1997 00:00:00 +0530</pubDate>
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