Back
TEJINDER SINGH DHINDSA, PANKAJ JAIN
Institute Of Chartered Accountants Of India – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Pankaj Jain, J. - This is a reference at the behest of the Institute of Chartered Accountants (hereinafter referred to as 'institute') under Section 21(5) of the Chartered Accountants Act, 1949 (hereinafter referred to as 1949 Act') recommending that the name of respondent No.2 be removed from the register of members of the institute for a period of six months as a punishment on account of professional misconduct.
2. Respondent No.2 is a registered member of the petitioner- institute. A complaint was received in the prescribed Form 8 against him. Relevant portion of the complaint verified on 26.05.2006 by AGM, Indian Bank raising allegations against respondent No.2 reads as under:-
'(1) We are in receipt of two different B/s and P&L accounts alongwith Auditors Reports as on 31.3.04 in respect of our client M/s. Sitla Rice & General Mills Jagraon certified by respondent. The respondent is thus guilty of professional misconduct under Sections 21(5) and 22 Part I for following:
(a) Certified in the name of his firm a report is financial statements as on 31.3.04 without examination of such statements and related records (Clause 2 of above sections).
(b) is grossly negligent in the
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....
The main legal point established in the judgment is that the issuance of a false and misleading search report by a Chartered Accountant does not necessarily constitute professional misconduct under t....
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 main legal point established is that the Court found the respondent guilty of professional and other misconduct under the Chartered Accountants Act and recommended reprimand as the appropriate pu....
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 power of judicial review under Article 226 of the Constitution of India is to ensure that the processes are in consonance with the statute and rules in force, but not to adjudicate disputed issue....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
