Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court
3 months, 3 weeks ago

Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court

Live Law  

In relation to disciplinary proceedings involving alleged professional misconduct by a chartered accountant in a complaint filed against the latter 19 years ago, the Delhi High Court said that the degree of proof required is higher than the balance of probabilities, but not as high as the criminal standards of proof beyond reasonable doubt. The chartered accountant had argued that to bring home the guilt of professional misconduct under the Chartered Accountants Act, the charges have to be proven beyond reasonable doubt. Findings The CA contended that to prove professional misconduct under the Chartered Accountants Act, the charges have to be proven beyond reasonable doubt. The Court referred to Institute of Chartered Accountants of India v. Mukesh Gang, where a Division Bench of Andhra Pradesh High Court observed that in disciplinary proceedings, the standard of proof required to establish a charge is on a preponderance of probabilities and that the charge cannot be equated with the standard of proof in a criminal prosecution where it is required to be proved beyond a reasonable doubt.

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History of this topic

ICAI Can Suo Motu Initiate Disciplinary Proceedings Against Its Members, Written Complaint Not Sine Qua Non For Taking Action: Delhi High Court
2 years, 3 months ago

ICAI Can Suo Motu Initiate Disciplinary Proceedings Against Its Members, Written Complaint Not Sine Qua Non For Taking Action: Delhi High Court

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The Delhi High Court on Friday held that the Institute of Chartered Accountants of India has the power to suo motu initiate disciplinary proceedings against its members and that a written complaint or allegation is not a sine qua non or prerequisite for taking action. Justice Yashwant Varma observed that "information" under section 21 of Chartered Accountants Act, 1949 would …

Tax Audit Limit For Chartered Accountants: Supreme Court Transfers To Itself Pleas Challenging Constitutional Validity Of ICAI Guidelines
4 years, 3 months ago

Tax Audit Limit For Chartered Accountants: Supreme Court Transfers To Itself Pleas Challenging Constitutional Validity Of ICAI Guidelines

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The Supreme Court has transferred to itself the writ petitions pending before Kerala, Madras and Calcutta High Courts which challenge the constitutional validity of guidelines issued by Institute of Chartered Accountants of India limiting the number of Tax Audits of Chartered Accountants.The Chapter VI of the Council General Guidelines, 2008 stipulates that a member of the Institute. The Supreme Court …

Board Of Discipline Can Proceed Against Chartered Accountant For Sexual Harassment Though Unrelated To Professional Work : Delhi HC
6 years, 1 month ago

Board Of Discipline Can Proceed Against Chartered Accountant For Sexual Harassment Though Unrelated To Professional Work : Delhi HC

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The Delhi High Court has held that the Board of Discipline under the Chartered Accountants Act 1949 can proceed against a Chartered Accountant for acts of sexual harassment committed by him outside his professional capacity.The finding was delivered in the case Lalit Agrawal vs Institute of Chartered Accountants of India and other, which was a writ petition filed by a …

Chartered Accountants Can Be Proceeded Against For Their Acts Which Brings Disrepute To The Profession Whether Or Not Related To His Professional Work: SC [Read Judgment]
6 years, 3 months ago

Chartered Accountants Can Be Proceeded Against For Their Acts Which Brings Disrepute To The Profession Whether Or Not Related To His Professional Work: SC [Read Judgment]

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“We are afraid that the High Court has not correctly appreciated Section 21 of the Chartered Accountants Act, 1949”The Supreme Court observed that the chartered accountants can be proceeded against for their acts which bring disrepute to the profession whether or not related to his professional work.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha. “We are afraid …

Proved Misconduct By Chartered Accountant While He Holds Certificate Of Practice Punishable: SC [Read Order]
8 years ago

Proved Misconduct By Chartered Accountant While He Holds Certificate Of Practice Punishable: SC [Read Order]

Live Law  

The Supreme Court has opined that if a practicing chartered accountant commits misconduct while he holds the certificate of practice issued by the Institute of Chartered Accountants of India, he would be liable for punishment if the misconduct is proved.A bench comprising Justice RK Agrawal and Justice AM Sapre made this observation while disposing of an appeal preferred by the …

Proved Misconduct By Chartered Accountant While He Holds Certificate Of Practice Punishable: SC [Read Order]
8 years ago

Proved Misconduct By Chartered Accountant While He Holds Certificate Of Practice Punishable: SC [Read Order]

Live Law  

The Supreme Court has opined that if a practicing chartered accountant commits misconduct while he holds the certificate of practice issued by the Institute of Chartered Accountants of India, he would be liable for punishment if the misconduct is proved.A bench comprising Justice RK Agrawal and Justice AM Sapre made this observation while disposing of an appeal preferred by the …

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