Adv.Aiyer VLV
03 November 2011 at 12:40
A complaint on CA stating he was engaged as client is filed by individual. verified as individual. complaint is about grievance of a society I. society claims name as I-India. 1991 accounts claimed as branch account audied by CA & audit report do not have words Branch of I or IIndia I or I-India. no proof for I-India as name. no resolution, letter of engagement with complainant, I or I-India filed. CA refused they had ever been client, but report issued to another society IB. IB sent reports on its own to I-India AOP for assessment. no written document for oral AOP. Institute in crypticfinds prima facie guilty orders disciplinary committee enquiry. CA filed evidence of another CA who refused he signed 1st balance sheet claimed by I and deposed it was given to IB. DC lies about interlocuory application filed asking for documentary evidence from complainant and evidence filed by CA. first and only 1 day hearing,case closed.
700 page documents filed on that day by I including IT orders. no time given to reply to it. minutes prove DC did not read 700 pages.
DC made 4 findings.
finding 1 false as per record of institute.
finding 2 regarding name use covered by Reg190 covered as professional misconduct under clause(i)Part II 2 sch, but holds guilty of other misconduct.
finding 3 states even if 2 balance sheet signed for IB is misconduct whereas institute issued guidance note for revision of account & audit report, when case filed was 1 balance sheet given to I, modified and issued to IB. finding 3 proves I lost case and no balance sheet exist of I for 1991.
finding 4 states 1988 to 2000, I balance sheet and IB balance sheet seems from same books of account. this finding is borrowed from IT order to which CA is not party.
none of balance sheet filed by I, has 'branch' or 'I' or 'I-India' name.
Civil court (in suit b/w I &IB) finds I could not prove branch existed. DC ignores finding of binding civil court.
DC report leaked to complainant, Reg16(2) provides only CA to be given report.
complainant issues defamatory media release maligning CA, with lies not part of report.
What are remedies to CA writ to quash/re-enquiry, defamation suit, injunciton etc.? whether writ remedy for denovo enquiry & quashing proceeding u/A 226, 227 available to CA? fundamental rights violation occurred u/A 14, 19, 20 & 21?
Anonymous
03 November 2011 at 06:22
Esteemed Members,
2 Christians they got married in India and their marriage got solemnized according to Indian Christian Marriage Act. After few years they applied for divorce and they got the sane. now the question is Custody of Minor Child (aged 3 years). Is provisions of the Guardian and Wards Act a violation of Article 14 of Indian Constitution?
Thanks in advance
MG N RAO
02 November 2011 at 13:53
can a permanent appointment of a employee on probation be terminated without an opportunity being given based on the clause in the offer of appointment that an employee can be terminated without assigning any reason at anytime without giving notice.
is it fair if so what will happen to such an employee who has resigned his previous employment what will happen to his past serivices of 12 yrs based on which the present selection is made
Member (Account Deleted)
30 October 2011 at 11:13
s the National Advisory Council[NAC] above the Prime Minister? If not what are its powers vis a vis those of the Prime Minister and the Parliament ? If yes then is it obligatory for the Parliament or the Prime Minister to obey the directions of the NAC? Since all bills/directions submitted by the NAC[ nac.nic.in] are obeyed by the Parliament and all bills etc. submitted in the Parliament are first ratified by the NAC,is this NAC above the Parliament? As the Congress President is also the Chair person of the NAC can the said Chairperson be considered the Supreme Ruler of India as a Constitutional or an extra Constitutional Authority? Since the Chairperson comes within the jurisdiction of the Rome Statue having an Italian Citizenship [Italy submitted itself to the Jurisdiction of the International Criminal Court],can the said Italian Ruler be Prosecuted in the International Criminal Court in any violation of the Rome Statute?
Note: ONLY SERIOUS ANSWERS PLEASE BY THOSE HAVING THE GUTS.
Anonymous
28 October 2011 at 08:32
hi... sir.. i need your help..please help me ... can you give me answer.. sir my friend born in rajasthan state but he completed his school and college study in gujarat and now he has gujarat domicile certificate he married with rajasthan girl. so can his wife apply gujarat state goverment jobs including panchayat ..jobs..
Anonymous
22 October 2011 at 17:00
How to understand that which judgment is a landmark judgment & the other is only a judgment.
meaning of landmark judgment.
and difference between judgment & landmark judgment.
Thanks
Anonymous
22 October 2011 at 16:54
Artilce 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
Question: Artilce 15(1) say that there should be no discrimintaion between sex etc. & in contary the sub rule 3 say that if the sate goverment can make the provision for women & children also it say that nothing in this artilce means artilce 15 will attract sub rule 3 can't we say that artilce 15(3) makes the discrmintation between sex.
so which will prevail artilce 15(1) or 15(3).
any case to understand it more properly in depth.
What does biological father & mother means.
thanks
Anonymous
22 October 2011 at 16:46
Artilce 18. Abolition of titles.-
(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
Question: Meaning Of Titles in the above metioned artilce. any example so do understnad it more properly.
Thanks
Khaleel Ahmed Mohammed
22 October 2011 at 07:53
Dear Friends,
I am in view of to eradicate corruption in our country, it is very necessary to amend fundamental right to property given to the citizens of India through constitution of India,subject to upper cap of 5 lac rupees should be imposed to Right to property .Healthy discussions invited hereby.
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Governor’s power over state information commission.
Kindly advise me on the following situation:
1. PIO informed at the hearing that records is not traceable hence providing actual information sought for not possible.
2. State Information Commission hard both side at the hearing and directed the PIO to search record vigorously and supply the information sought for to the petitioner within 30 days from the date of receipt of the order.
3. After expiry of the 30 days a petition has been submitted at the Commission followed by a fresh RTI petition at the Commission.
4. Comes to know from the reliable source that the said PIO sent an e-mail directly to the Commission mentioned record not traceable without supplying any information to the petitioner.
5. Even after repeated follow up State Commission still keeping themselves silent and not providing any information or taking any action against the said defaulter PIO (took more than six month time to respond) nor impose any penalty.
A. Under these circumstances is it advisable to write to the Governor stating the entire facts – complaint against State Information Commissioner for violation of the Act?
Regards
Partha Sarkar