‘Directory’ Interpretation of the Jurisdiction of Serious Fraud Investigation officer under Section 212(3) of Companies Act, 2013: Case Comment On Serious Fraud Investigation Office v. Rahul Modi & Ors.

This post analyses the recent judgment of the Supreme Court in Serious Fraud Investigation Office v. Rahul Modi & Ors. While a significant part of the judgment deals with permissibility of plea of heabus corpus while the accused is in remand, this post would analyse the interpretation accorded by the Court to the jurisdiction of…

Right of access to resolution plan for the members of the Suspended Board of Director under IBC: Case Comment on Vijay Kumar Jain v. Standard Chartered Bank

This post analyzes the judgment of the Supreme Court of India in Vijay Kumar Jain v. Standard Chartered Bank dated 31/01/2019.  The Petitioners approached SC aggrieved by the appellate tribunal’s judgment rejecting the appellant’s prayer for directions to the resolution professional to provide all relevant documents including the insolvency resolutions plans in question to members…

Expansive Interpretation of the Power of SEBI under Section 15-J of the SEBI Act, 1992: Case Comment on Adjudicating Officer(SEBI) v. Bhavesh Pabari

Recently, in Adjudicating Officer (SEBI) v. Bhavesh Pabari, Supreme Court adjudicated the question revolving around the interpretation of Section 15-J of the SEBI Act, 1992 in relation to Section 15-A to Section 15-HA of the Act. Section 15-J elucidates the factors to be taken into account by the Adjudicating officer while adjudging the quantum of…