Supreme Court rules insider trading presumed on confidential info, profit or loss irrelevant
This case involves an appeal by SEBI against a Securities Appellate Tribunal (SAT) order that quashed a finding of insider trading against the Chairman and two Vice Presidents of Tara Jewels Limited. The core issue is whether the sale of shares during a period of unpublished price-sensitive information constitutes insider trading, regardless of whether a profit was made or a loss was avoided.
Appellant: Securities and Exchange Board of India (SEBI); Respondents: Rajeev Vasant Sheth, Aarti Sheth, and Divya Sheth; Bench: Justice Sanjay Karol.
- The Court is reviewing the SAT's decision to set aside the SEBI Whole Time Member's order that found the respondents guilty of insider trading.
- The Court discusses the legal definition of insider trading under Section 12A of the SEBI Act and the PIT Regulations 2015.
- The Court notes that the SEBI Act does not explicitly define 'Insider Trading' but prohibits dealing in securities while in possession of material non-public information.
- The Court references Section 15G of the SEBI Act regarding penalties for insider trading, which can extend to three times the profits made or a fixed amount, whichever is higher.
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Document details
| Official title | Insider Trading Presumed When Person Having Confidential Information Trades; Loss Or Profit Irrelevant : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |