ICSI judiciary-2

Appellate Authority shows displeasure for use of it to recover dues

Aakansha Vaid Vs ICSI (Appellate Authority of ICSI)

Aakansha Vaid Vs ICSI (Appellate Authority of ICSI) he Authority records its displeasure about the conduct of the Complainant during the entire proceedings. The Complainant lodged a comprehensive Complaint supported with several documents before the Institute on 3rd August 2017. He sent letter dated 1st September 2017 providing certain in...

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Fees for certified copies sought under RTI cannot be charged under CS Act, 1980

ICSI Vs Paras Jain (Supreme Court of India)

Avenue for seeking certified copies as well as inspection is provided both in the Right to Information Act and in Company Secretaries Act, 1980. We are cognizant of the fact that guidelines of the appellant, framed by its statutory council, are to govern the modalities of its day-to­day concerns and to effectuate smooth functioning of it...

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Order on quantum of Punishment without providing opportunity of being heard is invalid

Gayathri Pasarakayala Vs Disciplinary Committee (ICSI Appellate Authority)

Gayathri Pasarakayala Vs Disciplinary Committee (ICSI Appellate Authority) It is clear that the Disciplinary Committee has not followed the due procedure as prescribed statutorily as no opportunity of being heard was provided to Ms. Gayathri Pasarakayala on the question of quantum of punishment irrespective of her admission of guilt conve...

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Posted Under: CA, CS, CMA |

CS Guilty of Misconduct for suppressing Enrollment as Advocate

Shri Hitender Kumar Mehta Vs Shri Rajiv Bajaj (ICSI Discipilinar Committee)

Shri Hitender Kumar Mehta Vs Shri Rajiv Bajaj (ICSI Discipilinar Committee) The Disciplinary Committee, after considering all material on record, the provisions of the Company Secretaries Act, 1980, the Regulations and Rules made there under; the legal opinions sought in the matter, the prima-facie opinion, Further Investigation Reports o...

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Posted Under: CA, CS, CMA |

ICSI dismisses Misconduct allegations against Ex-President CS Makarand Lele 

Shri Vikas Yashwant Khare Vs Shri Makarand M Lele (Board of Discipline, ICSI)

Shri Vikas Yashwant Khare Vs Shri Makarand M Lele (Board of Discipline, ICSI) The Board of Discipline of the Institute of Company Secretaries of India ( ICSI ) has dismissed a complaint filed against the former President CS Makarand Lele alleging several misconduct charges. A complaint was lodged against CS Makarand Lele alleging that by ...

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Posted Under: CA, CS, CMA |

Working as Asst CS/ Management Trainee cannot be considered as equal to CS

Ritu Bhatia Vs Ministry Of Civil Supplies consumer Affairs & Public Distribution And Others (Supreme Court of India)

Working experience as an Assistant Company Secretary or a Management Trainee cannot be treated as equal to a Company Secretary so as to become eligible for the post of Company Secretary....

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Misconduct Allegations against CS not sustainable in absence of Evidence

Shri Nizar Mawani Vs Shri Ajay Moreshwar Antarkar (ICSI)

Shri Nizar Mawani Vs Shri Ajay Moreshwar Antarkar (ICSI Disciplinary Committee ) The Disciplinary Committee and after considering all the material on record and after considering all the facts and circumstance of the matter observed that the instant case has arisen out of an affidavit purportedly filed before CLB, Mumbai, by the Responden...

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Posted Under: CA, CS, CMA |

Appellate Authority cannot review its own order under CS Act, 1980

Mr. Ashwani Khanna Vs. ICSI (Appellate Authority)

In view of our another Order dated 3rdFebruary, 2018 passed in an Appeal No. 10/ICSI/2015 namely Benny Methew vs. ICSI, we have already held that this Authority does not have the power to review its own Orders either expressly or by necessary implication....

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Negligence in filing Form-32 by CS constitutes Misconduct: AA

Sital Prasad Swain Vs Disciplinary Committee (Authority For Advance Ruling)

Sital Prasad Swain Vs Disciplinary Committee (Appellate Authority) It is pained to note that none of the parties filed the original minute books or the resolution passed which are the subject matter relevant to the filing of two forms i.e. Form-32 filed for the appointment of Shri Bishender Singh as an Additional / Promoter Director [&hel...

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CS found guilty of filing Compliance Certificate without Due Diligence

Shri Rajev M. Bhingarde Vs Shri Hemant S. Shetye

Shri Rajev M. Bhingarde Vs Shri Hemant S. Shetye (Disciplinary Committee, ICSI) Disciplinary Committee after considered all the material on record, the nature of issues involved and in the totality of the circumstances of the case and the Respondent pleaded guilty only to the charge of not exercising due diligence in respect of notices fo...

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Posted Under: CA, CS, CMA |

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