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CROSS CONTRACT WITH ARTICLES

purvi (some) (240 Points)

16 July 2010

Please reply to this urgently...

As per the rules, student cannot give CA final exam without obtaining the certificate of completion of articleship.

Problem -

if at the time of completion of articleship if employer/CA takes in WRITING from article that "THE CA WILL SIGN ON THE FORM 108 ONLY IF HE PROMISES TO COME AFTER THE EXAM FOR 3 MONTHS"

WHAT WILL BE THE CONSEQUENCES IF ARTICLE DOES NOT GO TO OFFICE AFTER EXAM ASSUMED HE HAS SIGNED ON SUCH DHAMKI LETTER JUST TO AVOID DELAY IN HIS ATTEMPT"?????

CAN THE CA CHALLENGE HIM IN COURT/ ICAI ON BASIS OF THIS PROMISE OR THIS PROMISE IS A CONTRACT INVALID IN LAW AS IT IS OUT OF SCOPE OF TRAINING GUIDE OF ICAI?

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3 Replies

Max Payne (employed) (2574 Points)
Replied 16 July 2010

In my opinion

The whole thing of working after exam is outside ICAI rules, actually against the rules.

Leave the courts,

if he plainly goes to ICAI your exam result could be withheld and your articleship will get extended.

Better to skip your attempt and study bindass for six months going for all classes.

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purvi (some) (240 Points)
Replied 16 July 2010

Originally posted by : Lucifer
	In my opinion The whole thing of working after exam is outside ICAI rules, actually against the rules. Leave the courts, if he plainly goes to ICAI your exam result could be withheld and your articleship will get extended. Better to skip your attempt and study bindass for six months going for all classes.

pls reply,

if the whole thing is actually against the rules - then why will icai withhold my result? instead of firing CA for professional misconduct of sigining Form before articleship gets over?