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 CA, against. 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 CA, against whom disciplinary proceedings were initiated after noting that the a police charge-sheet was filed against him in relation to a crime of sexual harassment. The judge proceeded to observe : If a Chartered Accountant is found to have been guilty in outraging the modesty of a woman and/or other offences involving moral turpitude, it would not be inapposite for the Board of Discipline to also conclude that the conduct did, in fact, lower the dignity of the profession.

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History of this topic

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

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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 …

NCLAT Delhi: National Financial Reporting Authority Has Overriding Powers To Penalise CAs For Professional Misconduct
1 year, 3 months ago

NCLAT Delhi: National Financial Reporting Authority Has Overriding Powers To Penalise CAs For Professional Misconduct

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The National Company Law Appellate Tribunal, Delhi Bench comprising of Justice Rakesh Kumar Jain and Mr Naresh Salecha has dismissed an appeal and upheld the penalty imposed by the National Financial Reporting Authority on the auditors of Dewan Housing Finance Corporation Ltd. NCLAT further clarified that NFRA holds superior and overriding powers over the Institute of Chartered Accountants of India …

Sexual Harassment At Workplace : Delhi Court Pulls Up Standard Chartered Bank For Lapses In ICC Inquiry; Laments Lack Of Awareness About POSH Act
1 year, 7 months ago

Sexual Harassment At Workplace : Delhi Court Pulls Up Standard Chartered Bank For Lapses In ICC Inquiry; Laments Lack Of Awareness About POSH Act

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The Industrial Tribunal of Delhi recently criticised the Standard Chartered Bank for procedural lapses in handling a sexual harassment complaint in compliance of Sexual Harassment of Women at workplace Act, 2013. Considering the submissions, the Tribunal opined that, “This practice adopted by Internal Committee is totally against principles of natural justice and any anonymous witness cannot be permitted to be …

[POSH Act] Institutions Can’t Escape Liability For Dragging On Sensitive Sexual Harassment Complaints: Delhi HC Imposes 1 Lakh Cost
2 years, 1 month ago

[POSH Act] Institutions Can’t Escape Liability For Dragging On Sensitive Sexual Harassment Complaints: Delhi HC Imposes 1 Lakh Cost

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The Delhi High Court has observed that institutions cannot escape the liability for dragging on sensitive sexual harassment complaints under Prevention of Sexual Harassment at the Workplace Act and that management and authorities must behave in a responsible manner. Observing that constitution of the Internal Complaint Committee is of utmost importance in such cases, Justice Prathiba M Singh said: “Adjudication …

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 …

Can A Chartered Accountant Be Barred From Practice Based On Criminal Antecedents?: Delhi High Court Admits Appeal
3 years ago

Can A Chartered Accountant Be Barred From Practice Based On Criminal Antecedents?: Delhi High Court Admits Appeal

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The Delhi High Court today admitted an appeal against a single judge order holding that a person, being a Chartered Accountant, when convicted for commission of an offence involving 'moral turpitude', shall be liable to be removed from membership of Institute of Chartered Accountants of India.The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notice …

"ICC Can't Comment On Personal Conduct Of Parties": Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace
4 years, 3 months ago

"ICC Can't Comment On Personal Conduct Of Parties": Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace

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The Delhi High Court in a progressive judgment delivered on a writ petition by a female employee of Punjab National Bank has held that the jurisdiction of Internal Complaints Committee established under the Sexual Harassment of Women at Workplace Act, 2013, is limited to allegations of sexual harassment and whether a complaint is made out or not, to that effect. …

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 …

HC Can Initiate Disciplinary Proceedings Against Judicial Officer Facing Sexual Harassment Allegations: SC [Read Judgment]
5 years, 6 months ago

HC Can Initiate Disciplinary Proceedings Against Judicial Officer Facing Sexual Harassment Allegations: SC [Read Judgment]

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The Supreme Court, on Wednesday, dismissed a writ petition filed by a Judicial Officer of Delhi Higher Judicial Services, who is facing disciplinary proceedings alleging sexual harassment.A Junior Judicial Assistant had filed a complaint against the judicial officer alleging sexual harassment at work place. The Supreme Court, on Wednesday, dismissed a writ petition filed by a Judicial Officer of Delhi …

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]

Live Law  

“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]

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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 …

Delhi High Court issue guidelines to deal with complaints on Sexual Harassment at Workplace
10 years, 7 months ago

Delhi High Court issue guidelines to deal with complaints on Sexual Harassment at Workplace

Live Law  

The Delhi High Court, under its first woman Chief Justice G. Rohini has issued guidelines for dealing with complaints alleging sexual harassment at workplace. The PIL also cited a Supreme Court order passed in April 2013, which directed all high courts to form regulations to combat the problem of sexual harassment in court precincts. In December last year, a committee …

Delhi High Court issue guidelines to deal with complaints on Sexual Harassment at Workplace
10 years, 7 months ago

Delhi High Court issue guidelines to deal with complaints on Sexual Harassment at Workplace

Live Law  

The Delhi High Court, under its first woman Chief Justice G. Rohini has issued guidelines for dealing with complaints alleging sexual harassment at workplace. The PIL also cited a Supreme Court order passed in April 2013, which directed all high courts to form regulations to combat the problem of sexual harassment in court precincts. In December last year, a committee …

Intern Sexual harassment Case-Delhi Police violates Lalita Kumari; Will the Supreme Court initiate contempt ?
11 years, 3 months ago

Intern Sexual harassment Case-Delhi Police violates Lalita Kumari; Will the Supreme Court initiate contempt ?

Live Law  

The Delhi Police says they would proceed in accordance with the directions of the Supreme Court in the NUJS intern sexual harassment case, in which former Supreme Court Judge and present WB Human Right Commission Chairman Justice A.K.Ganguly is allegedly involved.According to Hindu report ‘Delhi Police would proceed in accordance with the directions of the Supreme Court in connection. The …

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