ThynkTax /Tax Reference /Case Laws /Sahara India Real Estate

Sahara India Real Estate

Supreme Court of India·2012·ROC
Facts

Sahara raised funds from millions of investors through "Optionally Fully Convertible Debentures" without complying with public issue norms.

Issue

Whether the deemed public issue triggers SEBI jurisdiction?

Held

Yes, even private placements that reach more than 50 persons (later 200) are deemed public issues.

Ratio

50-person threshold (now 200) under Section 67(3) of Companies Act 1956 / Section 42 of 2013 Act is jurisdictional.

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