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Plz. Help.

(Guest)

If I want to file a suit in the High Court against a Chartered Accountant for violating CA Act and regulations, then I have following questions:

1. Is New Delhi only jurisdiction for filing suit under CA Act or I can file suit in any jurisdication?

2. How can I file a suit? What is procedure? Is it necessary that I have to keep a lawyer?

3. If my employer puts prohibition on my freedom of speech and personal life, then can I file suit on the ground of violation of Indian Constitution as Indian Constitution has given right of freedom to every citizen.

4. If my employer threatens me and use physical force and coercion just to put prohibitions on my personal life, then under which Act I can file suit? Is this a crime to give physical threat to article assistant?

DO NOT POST ANY UNRELATED REPLY PLEASE...

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5 Replies

CA Sandeep Kumar (Audit Assistant) (804 Points)
Replied 15 January 2011

consult a legal expert.. a lawyer, etc.. what can members do here..

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(Guest)

Originally posted by : sunny
	consult a legal expert.. a lawyer, etc.. what can members do here..

I am not asking members to help me in any criminal activity or asking for isolation. CAclubindia is a website which is created with the sole object of solving queries and I am asking query and expecting reply and I think I had already written that DO NOT POST UNRELATED REPLY. Cant you read that? I think your English is poor.

CA Sandeep Kumar (Audit Assistant) (804 Points)
Replied 16 January 2011

Thank you..

consult a legal expert.. a lawyer, etc.. what can members do here..

CA. Dashrath Maheshwari (TaXpert) (15103 Points)
Replied 17 January 2011

Kishor,

In my opinion:

1. You can file lawsuit at your nearby court, see the suit is against that CA or CA Firm not against ICAI

2. Before filing a court lawsuit, you should write a petition/letter to ICAI Disciplinary Committee (Under Section 21D): Shri T Karthikeyan, Secretary,The Institute of Chartered Accountants of India, ICAI Bhawan, P O Box 7100, Indraprastha Marg, E-mail :- secretary @ icai.org Website :- www.icai.org

3. In case of personal threats by Principal CA, you can file a lawsuit at court under many enactments including Constitution. Wining depends on court proceedings.

4. In case of Physical and forceful crimes by your principal, you can file a case under Indian Penal Code at nearest police station.

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(Guest)

Originally posted by : CA. Dashrath Maheshwari
	Kishor, In my opinion: 1. You can file lawsuit at your nearby court, see the suit is against that CA or CA Firm not against ICAI 2. Before filing a court lawsuit, you should write a petition/letter to ICAI Disciplinary Committee (Under Section 21D): Shri T Karthikeyan, Secretary,The Institute of Chartered Accountants of India, ICAI Bhawan, P O Box 7100, Indraprastha Marg, E-mail :- secretary @ icai.org Website :- www.icai.org 3. In case of personal threats by Principal CA, you can file a lawsuit at court under many enactments including Constitution. Wining depends on court proceedings. 4. In case of Physical and forceful crimes by your principal, you can file a case under Indian Penal Code at nearest police station.