---------- Forwarded message ----------
From: girish <cagirish4u@rediffmail.com>
Date: Fri, Dec 3, 2010 at 11:27 AM
The Supreme Court on Wednesday ruled that no immunity from prosecution
can be granted to the members or nonmembers of the Institute of
Chartered Accountants of India for their professional misconduct under
the provisions of the Chartered Accountants Act, 1949.
Such provisions cannot override the penal laws, said apex court setting
aside the order of the Madhya Pradesh HC.
The object underlying the prohibition contained in section 28
(Chartered Accountants Act) is to protect the persons engaged in
profession of chartered accountants against false and untenable
complaints from dissatisfied litigants and others. However, there is
nothing in the language of the provisions contained in chapter VII from
which it can be inferred that Parliament wanted to confer immunity upon
the members and nonmembers from prosecution and punishment if the
action of such member or nonmember amounts to an offence under the IPC
or any other law , said a bench comprising Justice GS Singhvi and
Justice AK Ganguly.
Girish Bakhtyar & Co
From: girish <cagirish4u@rediffmail.com>
Date: Fri, Dec 3, 2010 at 11:27 AM
The Supreme Court on Wednesday ruled that no immunity from prosecution
can be granted to the members or nonmembers of the Institute of
Chartered Accountants of India for their professional misconduct under
the provisions of the Chartered Accountants Act, 1949.
Such provisions cannot override the penal laws, said apex court setting
aside the order of the Madhya Pradesh HC.
The object underlying the prohibition contained in section 28
(Chartered Accountants Act) is to protect the persons engaged in
profession of chartered accountants against false and untenable
complaints from dissatisfied litigants and others. However, there is
nothing in the language of the provisions contained in chapter VII from
which it can be inferred that Parliament wanted to confer immunity upon
the members and nonmembers from prosecution and punishment if the
action of such member or nonmember amounts to an offence under the IPC
or any other law , said a bench comprising Justice GS Singhvi and
Justice AK Ganguly.
Girish Bakhtyar & Co
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