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    <title>2009 (12) TMI 1006 - SECURITIES AND EXCHANGE BOARD OF INDIA, MUMBAI</title>
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    <description>Genuine retail IPO applicants who applied with their own funds were not shown to be mere name lenders, and subsequent off-market transfers of allotted shares did not by itself prove cornering of retail shares or a fictitious benami network. The material relied on, including common addresses, alleged signature differences, and transfer timing and price, was found insufficient to establish manipulative control or the role of key operators. As the alleged wrongful cornering and manipulative conduct were not proved, the basis for disgorgement also failed. Disgorgement requires proof of unlawful gain arising from illegal conduct, and it could not be sustained on these facts.</description>
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      <link>https://www.taxtmi.com/caselaws?id=195012</link>
      <description>Genuine retail IPO applicants who applied with their own funds were not shown to be mere name lenders, and subsequent off-market transfers of allotted shares did not by itself prove cornering of retail shares or a fictitious benami network. The material relied on, including common addresses, alleged signature differences, and transfer timing and price, was found insufficient to establish manipulative control or the role of key operators. As the alleged wrongful cornering and manipulative conduct were not proved, the basis for disgorgement also failed. Disgorgement requires proof of unlawful gain arising from illegal conduct, and it could not be sustained on these facts.</description>
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