Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Tuesday, 22 September 2026 9888666310 | [email protected]
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Supreme Court of India 2016-02-23

Securities and Exchange Board of India vs Kishore R. Ajmera

Bench: 2 — Ranjan Gogoi

In Brief

This group of Supreme Court appeals addresses the standard of proof required to hold stock brokers and sub-brokers liable for manipulative trading and violations of securities regulations. The Court held that fraudulent or manipulative practices under the FUTP Regulations can be proven through circumstantial evidence meeting the preponderance of probabilities standard, without direct proof. Liability arises when brokers engage in or facilitate synchronized trades in illiquid scrips with minimal time gaps, huge volumes, and no genuine settlement—demonstrating either negligence (breach of Code of Conduct) or deliberate manipulation (FUTP violation) depending on extent. The Court dismissed one appeal and allowed others, restoring penalties against brokers for synchronized trading in illiquid securities despite the brokers' argument that screen-based trading prevents knowledge of counterparties.

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Securities Regulation Market Manipulation Fraudulent Trading Broker Liability FUTP Regulations Code of Conduct Evidence and Proof Administrative Law Capital Markets Vicarious Liability

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