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    <title>2025 (8) TMI 1232 - SECURITIES AND EXCHANGE BOARD OF INDIA</title>
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    <description>Advance sharing of stock recommendations before public broadcast can constitute non-public information and a fraudulent or unfair trade practice where the evidence shows trades were placed ahead of dissemination and unlawful gains followed. On the facts, the material against Himanshu Gupta was found largely circumstantial, with no reliable proof of advance communication, profit sharing, or kickbacks, so no direction or penalty was warranted. By contrast, the coordinated trading by the other noticees was held to fall within the prohibition on market abuse on a preponderance of probabilities, and debarment with monetary penalties was imposed, subject to mitigation in quantification.</description>
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      <description>Advance sharing of stock recommendations before public broadcast can constitute non-public information and a fraudulent or unfair trade practice where the evidence shows trades were placed ahead of dissemination and unlawful gains followed. On the facts, the material against Himanshu Gupta was found largely circumstantial, with no reliable proof of advance communication, profit sharing, or kickbacks, so no direction or penalty was warranted. By contrast, the coordinated trading by the other noticees was held to fall within the prohibition on market abuse on a preponderance of probabilities, and debarment with monetary penalties was imposed, subject to mitigation in quantification.</description>
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