2015 (5) TMI 657

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....ji Srinivasan, learned Senior Counsel appearing for respondent no.1. This appeal by special leave is directed against the impugned judgment and order dated 30.09.2011 passed by the Division Bench in L.P.A. No.396 of 2010, deciding the issue raised with regard to the interpretation of Section 21D of the Chartered Accountants Act, 1949 (for short, 'CA Act, 1949'). It appears that a writ petition was filed by the appellant challenging the decision of the Council, the Institute of Chartered Accountants of India, passed 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....

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....secute 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 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....