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1991 Supreme(Bom) 278

M.L.PENDSE, A.V.SAVANT
Inder Chand Jain of Bombay – Appellant
Versus
Institute of Chartered Accountants of India and another – Respondent


JUDGMENT - M.L. PENDSE, J.:---Rule returnable forthwith.

Shri Tulzapurkar waives service on behalf of the respondents.

Petition is taken up immediately for hearing in view of urgency of the matter.

The Institute of Chartered Accountants of India is a body incorporated under section 3 of the Chartered Accountants Act, 1949, and has been formed with the object of regulating the profession of Chartered Accountants. Respondent No. 2 is the Secretary of the Association. Section 9 of the Act provides for constitution of the Council of the Institute and prescribes that the affairs of the Institute shall be managed by the Council. The Council comprises of not more than 24 persons elected by members of the Institute from amongst the fellows of the Institute and six persons nominated by the Central Government. Sub-section (1) of section 10 provides that election shall be conducted in the prescribed manner. Section 30 of the Act concerns power upon the Council to make regulations for the purpose of carrying out the objects of the Act and in exercise of these powers the Council has framed regulations knows as 'The Chartered Accountants Regulations, 1988', Chapter VI of these Regulations deals














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