Breaking Supreme Court Legal Update
New Delhi · Saturday, 01 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2022-07-11 dismissed

SECURITIES AND EXCHANGE BOARD OF INDIA vs SUNIL KRISHNA KHAITAN AND OTHERS

Bench: 2 — Sanjiv Khanna, Bela M. Trivedi

In Brief

This Supreme Court judgment clarifies interpretation of takeover regulations governing substantial acquisition of shares. The Court held that when a group of persons acting in concert collectively holds over 15% of shares, individual members within that group can acquire additional shares without triggering Regulation 10's requirement for a public announcement, provided the group's aggregate holding remains unchanged. The Court also held that regulatory directions for public offers issued with substantial delay (8 years) are discretionary and cannot be enforced without demonstrable harm to investors or markets. The Court affirmed the Appellate Tribunal's power to set aside such directions but clarified it cannot independently impose monetary penalties that were not previously initiated by the regulatory authority.

The lawyer headnote and full judgment text are available to registered users.

Securities Law Takeover Regulations Substantial Acquisition of Shares Persons Acting in Concert Regulatory Discretion Appellate Jurisdiction Administrative Law Investor Protection

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login