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BHARGAV D. KARIA, NIRAL R. MEHTA
Council Of Institute Of Chartered Accountants Of India – Appellant
Versus
Bhupesh Kumar R Patani – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. B.S. Soparkar with learned advocate Ms. Swati Soparkar for the applicant – Council of the Institute of Chartered Accountants of India, who has made this Reference, in its 267th meeting held on 10th and 11th April, 2007 at New Delhi against the respondent – Shri Bhupesh Kumar R. Patani, by drawing the statement of his case under Section 21(5) of the Chartered Accountants Act, 1949 (hereinafter referred to as “the Act”).
2. This Court, vide order dated 20th June 2009, issued notice to the respondent. It appears that the notice was not served upon the respondent on the returnable date i.e. 17th July 2009. Therefore, the applicant was directed to take steps to serve notice upon the respondent before the next date of hearing. The cause title shows that thereafter, the notice was served upon the respondent and therefore, the matter is taken up for hearing.
3. Notice is also published in the newspapers of India and Canada in the year 2009. The affidavit of publication dated 27th October 2009 filed by the applicant states that notice of publication was served upon Shri Bhupesh Kumar R. Patani vide Electronic Mail dated 13th October
Chartered Accountants must exercise due diligence and integrity in their professional duties, and failure to do so constitutes professional misconduct under the Chartered Accountants Act, 1949.
Chartered accountants must exercise due diligence and integrity in their professional duties, and failure to do so constitutes professional misconduct under the Chartered Accountants Act, 1949.
![Chartered Accountants Act, 1949 [Prior To Amendment Act, 2006] VS CA Shri Subhajit Sahoo - 2024 Supreme(Del) 850](https://supremetoday-s3.b-cdn.net/Delhi_3.png)
Professional misconduct under the Chartered Accountants Act includes gross negligence in duties, requiring due diligence in verification of financial documents.
The court upheld the disciplinary action against a Chartered Accountant for misconduct, emphasizing the need for integrity and professional standards in the profession.
The Council must independently assess findings from a Disciplinary Committee regarding professional misconduct, ensuring proper application of mind and consideration of all representations before mak....
The final decision on the action against the petitioner is appealable to the Authority under Section 22G, and the court provided interim protection for the petitioner to approach the Appellate Author....
The main legal point established in the judgment is that while the respondent was found guilty of professional misconduct, the court considered the respondent's long-standing membership and lack of p....
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