Chakrabarti, Sarma Sarkar
S. Ganesan – Appellant
Versus
A. K. Joscelyne – Respondent
Chakravartti, CJ.
1. THIS is a reference under Section 21(1), Chartered Accountants Act with respect to a complaint against one Mr. A. K. Joscelyne, who is a partner of Messrs. Lovelock and Lewes, a firm of Chartered Accountants of Calcutta. The Council's finding against him is that in certifying a Profit and Loss Account of a company, called the Deccan Sugar and Abkhari Co., Ltd.. for the year ending on 31-12-1946, as correct and prepared in accordance with law, he has been guilty of misconduct of the varieties mentioned under items (o) and (p) of the Schedule to the Act.
2. IT appears that from 1946 to 1952, Messrs. Lovelock and Lewes were appointed auditors of the Deccan Sugar and Abhkari Co., Ltd., in each successive year; The work was handled in different years by different partners of the firm. The Managing Agents of the company were another company, called Parry and Co., Ltd. At the time the Indian Companies Act was amended in 1936. the Managing Agents were already holding their office under an agreement which would not expire till 15-1-1957, Nevertheless, in 1946 the managed company came to, think that in view of the expansion of its activities in recent years, it wo
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