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The Institute Of Chartered Accountants ... vs Ca Shri Subhajit Sahoo & Anr on 20 November, 2024
cites
Section 22 in Chartered Accountants Act, 1949 [Entire Act]
Section 12 in Chartered Accountants Act, 1949 [Entire Act]
Seth Gulabchand vs Seth Kudilal And Others on 22 February, 1966
In view of the law laid down by the Constitution Bench of the
Apex Court, in Gulabchand v. Kudilal (referred supra), and the
Judgment of the Privy Council in A, a pleader v. The Judges of
the High Court of Madras (referred supra), it must be held that
the standard of proof required to establish a charge, in a
disciplinary proceedings, is on a preponderance of
probabilities, and cannot be equated with the standard of proof
in a criminal prosecution, wherein a charge is required to be
proved beyond reasonable doubt. Accordingly, this point is
decided."
The Advocates Act, 1961
Chartered Accountants Act, 1949
Gopessuar Dutt And Jarat Kumari Dassi vs Bissessur Dutt on 18 July, 1911
In A, a pleader v. The Judges of the High Court of Madras the
Privy Council held that the evidence should be carefully taken
and judged according to the ordinary standards of proof.
A Constitution of the Supreme Court, in Gulabchand v.
Kudilal, after adverting to the law laid down in Jarat Kumari
Dassi v. Bissessur and referring to the definitions of proved,
disproved and not proved contained in Section 3 of the Indian
Evidence Act, held as follows:
The Institute Of Chartered Accountants ... vs Ca Gordhanbhai Madhabhai Savalia on 25 October, 2023
In Institute of Chartered Accountants of India, Indraprastha
Marg, New Delhi v. CA Gordhanbhai Madhabhai Savalia, 2023
SCC OnLine Bom 2347, the Division Bench of Bombay High Court,
while deciding a reference under Section 21(5) of the Act, noted as
under:
Lalit Agrawal vs The Institute Of Chartered Accountants ... on 11 February, 2019
55. One of us (Vibhu Bakhru, J.) in Lalit Agrawal v. The Institute
Signature Not Verified
CHAT A. REF. 2/2019 Page 31 of 35
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:20.11.2024
18:14:22
of Chartered Accountants of India & Anr., 2019 SCC OnLine Del
6960 has also taken a view that while the standard of proof as
required in criminal proceedings is beyond reasonable doubt, the
standard of proof as required in disciplinary proceedings under the
Act is preponderance of probabilities. However, as the weight of the
authorities indicates, it is higher than preponderance of probabilities,
but not as high as beyond reasonable doubt.