'The Securities Appellate Tribunals shall have, for the purposes of discharging their functions under Securities and Exchange Board of India Act, 1992. The same power as are vested in a Civil Court under the Code of Civi

CS Executive · Capital Markets & Securities Laws · PYQS · June 2019
'The Securities Appellate Tribunals shall have, for the purposes of discharging their functions under Securities and Exchange Board of India Act, 1992. The same power as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit'. Critically examine.

Answer & Explanation:

According to Section 15U (2) of the SEBI Act, 1992, the Securities Appellate Tribunals shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; issuing commissions for the examination of witnesses or documents; reviewing its decisions; dismissing an application for default or deciding it ex parte; setting aside any order of dismissal of any application for default or any order passed by it ex parte; any other matter which may be prescribed. Every proceeding before the Securities Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code and the Securities Appellate Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Topics: Securities Appellate Tribunal (SAT)

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