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Indian Laws - Highlights / Catch Notes

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Jurisdiction - Constitutional Validity of Rule 9(3)(b) of the ...

Case Laws     Indian Laws

February 10, 2024

Jurisdiction - Constitutional Validity of Rule 9(3)(b) of the Chartered Accountants’ (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 - While dismissing the appeal, The Apex Court concluded that the rule, which allows the Board of Discipline to proceed further or refer the matter to the Disciplinary Committee even when the Director (Discipline) finds no prima facie case of misconduct, is consistent with the general power to make rules under Section 29A(1) of the Chartered Accountants Act, 1949. - This ensures that complaints of professional misconduct are thoroughly examined, aligning with the Act's objective to maintain ethical standards within the profession.

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