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P. Ramakrishna Versus The Institute of C.A. of India And Others

2015 (5) TMI 657 - SUPREME COURT

Interpretation of Section 21D i.e. Transitional Provisions of the Chartered Accountants Act, 1949 - Pending proceedings in information case - Whether procedure prescribed by the unamended CA Act, 1949, that is section 21, 22 and 22A would be applicable to pending proceedings in information case and not the procedure prescribed after the amendment made by the Chartered Accountants (Amendment) Act, 2006 - The object and purpose, both in an information case and in a complaint case, is to find out a .....

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se of a complaint there is a complainant, a third party, who wishes to prosecute and has an interest, whereas in the case of information the action may be suo motu or information may be provided by the third party who does not want to, for various reasons, file a formal complaint; but the said distinction is not relevant for section 21D of the CA Act, 1949. In view of this difference between a complaint and information case, some specific procedures or requirements have been prescribed for compl .....

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edure prescribed is the same and no distinction in substance is made. If information cases and complaint cases are treated differently for the purpose of section 21D of the CA Act, 1949, an anomalous situation would arise, which can lead to difficulties and even challenge to the amended provisions. In a complaint case the old procedure and the punishment prescribed in First Schedule and the Second Schedule will apply, but in an information case which is still pending before the Council, the new .....

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ouncil. The word 'complaint' as used in section 21D does not refer to the complaints made by third parties but also information whether made available by a third person or comes to the knowledge and has been considered by the Institute/Council. The word "complaint" in section 21D has to be given a broader and a wider meaning to give full effect to the legislative intent behind section 21D. In common parlance also the word 'complaint' means and refers to a pending matter before the prescribed aut .....

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d S. A. Bobde,JJ. For the Appellant : Mr. Amar Dave, Adv. Mr. P.S. Sudheer,Adv. Ms. Taru Gupta, Adv. Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. For the Respondent : Mr. Ramji Srinivasan, Sr. Adv. Mr. Pramod Dayal,Adv. Mr. Nikunj Dayal, Adv. Ms. Payal Dayal, Adv. Mr. J.S. Bakshi, Adv. Ms. Sara Sundaram, Adv. Mr. Rishabh Kapur, Adv. Mr. Yashank Adhyaru, Sr. Adv. Ms. Sushma Suri,Adv. ORDER Heard Mr. Amar Dave, learned counsel appearing for the appellant and Mr. Ramji Srinivasan, learned Senio .....

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on 03.02.2010, which was finally quashed by the learned Single Judge of the High Court. However, in the Letters Patent Appeal preferred before the Division Bench of the High Court, an issue was raised with regard to the interpretation of section 21D of the CA Act, 1949. The Division Bench after considering the relevant provisions of the Act and the law decided by this Court in a catena of decisions, finally came to the conclusion that the procedure prescribed by the unamended CA Act, 1949, that .....

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h Court prior to the commencement of the Chartered Accountants (Amendment) Act, 2006, shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Chartered Accountants (Amendment) Act, 2006." While recording its finding, the Division Bench of the High Court observed as under : "No doubt section 21, both unamended and post amendment, refers to information and complaint but it would be incorrect to hold that the legislature wanted to make a dis .....

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. In view of this difference between a complaint and information case, some specific procedures or requirements have been prescribed for complaint cases. In case of information, there is greater flexibility and latitude. Other than this, there cannot be any distinction between information which is made basis of disciplinary proceedings or enquiry and a complaint case. The object and purpose, both in an information case and in a complaint case, is to find out and enquire into the allegations of p .....

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