Sirs,
The offence of fraudulent dealings in shares was committed in the year 2004. However, SEBI filed criminal case against offenders in the year 2016.
Now, does the above maxim applies to criminal case filed by a governing body like Securities and Exchange Board of India ?
Sirs,
SEBI issued Show Cause Notice in year 2006 for the fraudulent dealing in shares by the offenders. Hearing took place before Adjudicating Officer(AO) and Whole time member (WTM) of SEBI who imposed penalty and order passed directing to pay disgorgement amount respectively.
Appeals were filed before the Securities Appellate Tribunal which upheld the above Orders of AO and WTM and directed to comply with the above orders of SEBI in 2008. Appeals were preferred against said orders of SAT before the Hon'ble Supreme Court of India which directed the offenders to comply with the Orders of SAT in 2013. The Offenders duly complied with the said order of Hon'ble SC of India.
However, now the SEBI has filed criminal complaint against the said Offenders for the same offence of fraudulent dealings in shares committed by them.
My query is does this situation amount to double jeopardy on the offenders as they have already faced litigation and also paid the penalty by duly complying with the order of the Hon'ble SC?
Please guide me on this.
Sir,
There is a out of court Deed of Settlement entered in to between the Complainant and Accused during the pendency of proceedings filed in the criminal complaint u/s. 138 of Negotiable Instruments Act.The said Deed of Settlement is duly signed and notarised.
The trial has started. Complainant has filed its Evidence and Cross-examination of Complainant Witness has already been completed prior to the execution of above mentioned Deed of Settlement. However, the settlement has failed.
Complainant desires to lead further evidence by bringing second witness. So, in this case,can the above mentioned Deed of Settlement be filed in the list of documents alongwith the said Affidavit of Evidence of second witness?
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Pg diploma course in business law
Dear Experts,
There is post - graduate diploma course in business and corporate law through distance education learning conducted by Symboisis Centre for Distance Learning. I sincerely request the experts to please give their opinions on the scope of the course in the law career. Or in the alternative can you please suggest any other colleges for distance learning of post graduation course in corporate laws ?
Regards,
Priyanka Pai