Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1992: S. 31 Securities and Exchange Board of India Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Securities and Exchange Board of India Act, 1992:S.31 - Constitutionality and vires of 1992 Rules and Regulations challenged on the ground that procedure mandated under s.31 was not complied with - Held: It was not necessary for rules/regulations to be re-laid in the next sessions as requisite period of 30 days was to be completed in one or more sessions - Hence rules/regulations after having been initially laid are deemed to lie in succeeding sessions till completion of 30 days - Requirement of s.31 has been thus met - Rules/regulations cannot be declared ultra vires on this ground - Even otherwise, provisions of s.31 not being mandatory and merely directory, rules/regulations made thereunder cannot be held to be ultra vires - SEBI (Stock Brokers and Sub Brokers) Rules and Regulations, 1992 - Rules of Procedure and Conduct of Business in Lok Sabha - Rule 234. The challenge in these appeals is relating to the vires and constitutionality of SEBI (Stock Brokers and Sub Brokers) Rules and Regulations, 1992 on the ground that these Rules and regulations in question were laid on the table of the Lok Sabha on 27.11.1992 while on the table of the Rajya Sabha on 16.12.1992 and the proceedings lapsed after the adjournment of the House sine die and since the rules and regulations were not re-laid either in the Lok Sabha or in the Rajya Sabha after the calling of the new session, the procedure mandated under s.31 of the SEBI Act was not complied with.Before different High Courts, various writ petitions were filed challenging the levy of turnover fee as well as the vires of Regulation 10. In a transfer petition filed by the SEBI before this Court for consolidating the said cases, this Court had transferred one such petition from the Bombay High Court to this Court while staying the other cases pending before the various High Courts. After hearing the said case, this Court had upheld the vires of Regulation 10 of SEBI Regulation as well as the levy of turnover fee. On the basis of the judgment rendered by this Court, all other similar writ petitions pending in the various High Courts were disposed off. Having failed in their challenge to the levy of turnover fee, the brokers and sub brokers have repeatedly been filing petitions on one or other grounds while their actual grievance is the turnover fee imposed by Regulation 10 which has been upheld by this Court. In the writ petition from which the present appeal arises, similar attempt has been made. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2007 INSC 1112 |
Petitioner | Veneet Agrawal |
Respondent | Union Of India And Ors. |
SCR | [2007] 11 S.C.R. 740 |
Judgement Date | 2007-10-31 |
Case Number | 7574 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |