Anoop Jain
Case brief
What is this about?
Appeal against suspension of stock broker registration. Court held SEBI clarificatory circular did not override Regulations. Fee calculated per Schedule III based on 1995 registration date. Order allowing fee refund if excess collected.
What did the court decide?
Appeal dismissed. Excess fee, if any, collected over Schedule III provisions to be returned.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI
Appeal No.102/2002
In the matter of:
Anoop Jain & Co. Appellant
Vs.
Chairman, Securities and Exchange Board of India Respondent
Appearance:
Shri Anoop Kumar Jain, Chartered Accountant
Authorised Representative For Appellant
Shri Kumar Desai, Advocate, Ms. Daya Gupta Advocate
Shri Joby Mathew,
Legal Officer, SEBI For Respondent
Issues for consideration
2 issues framed by the court
Whether SEBI's clarificatory circular No.07/2002 can override the substantive provisions of Schedule III of the Stock Broker Regulations regarding fee calculation.
Whether the date of initial registration for fee purposes can be deemed to be the date of application in 1992 instead of the date of the certificate in 1995.
Parties & counsel
- appellant
Anoop Jain & Co.
- respondent
Chairman, Securities and Exchange Board of India
Coram
C. ACHUTHAN
Case details
As recorded by the court registry
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