Require help
Jugal Haria
(Querist) 06 November 2012
This query is : Resolved
Can I file a legal case against a professional body like ICAI ? If yes , how do I go about it ? & Can I fight the case on my own behalf (like OMG) ?
R.K Nanda
(Expert) 06 November 2012
state full facts of case.
Jugal Haria
(Querist) 06 November 2012
sir , actually the system made by them for re checking is inefficient .. I have passed IPCC both groups through rechecking , & i had only 5 working days to get articleship & register for May 2015 Final CA attempt , while others get 2.5 months those who pass through normal results ) & the letter i recieved yesterday from Institute of revised marksheet was dated 1 Oct 2012 ... & no extension was provided to me for the same
Jugal Haria
(Querist) 06 November 2012
communication of result of me passing was made to me through a telephone call on 23rd Oct 2012 & written communication ( the revised marksheet) got delivered on 5th Nov 2012 ... the time gap speaks for itself .. A student passing through rechecking is not hold in much good light ..
Devajyoti Barman
(Expert) 06 November 2012
Check its own Rules and Regulations before contemplating legal action.
Writ should be the remedy if you wish to ventilate your grievance, if any.
Jugal Haria
(Querist) 06 November 2012
sir after reading the facts dont u feel it is an unfair pratcice , & even if its rules state its correct cant a judiciary body make it amend such unfair rules
Devajyoti Barman
(Expert) 06 November 2012
May be. Try your luck through WRIT petition in high court.
Jugal Haria
(Querist) 06 November 2012
Can u please state how do i go about it ? & can i fight my own case ? & any fees i have to pay ?
ajay sethi
(Expert) 06 November 2012
you cna fight your own case . court fees for writ are nominal . but is better to engage a lawyer . get i t drafted by a lawyer and brief him to appear on your behalf
R.K Nanda
(Expert) 06 November 2012
contact local lawyer.
Jugal Haria
(Querist) 06 November 2012
actually i do not have any1's backing ... not even parents ... so will have to fight the case on my own ..
how do i file a writ petition ?
Sailesh Kumar Shah
(Expert) 06 November 2012
It is just suggestion to you that you should not file writ petition. It could be wasting of your valuable time and energy. Since, you have said that you have no backing.
So,you have to concentrate your career. if you are not prepared for may 2015 examination then prepare for nov 2015.
Jugal Haria
(Querist) 06 November 2012
sir its not just about me anymore , many can face the same fate .. I have got articleship n also have registered for May ' 15 but the broader issue is why shall we face such an treatment " A student who passes through rechecking should also get some time to sort out registration & articleship..At institute they said to me get articleship in an hour ... They should grant some sort of time atleast for registration & articles , we will compensate with completing articleship late
Arun Kumar Bhagat
(Expert) 06 November 2012
In case of frivolous writ many High Courts impose exemplary costs. Keeping this in mind you can file and move the writ on your own if you think there is merit and public interest involved in the matter. I am not dissuading you but at the same time advising you to take the help of any dynamic young lawyer charging minimum fee, at least for drafting. After drafting you may move the same on your own.
Jugal Haria
(Querist) 06 November 2012
Are you talking about drafting the writ pet ? The writ pet can be made by any lawyer right i exactly know the grounds for which i'm fighting only 2 are there .. So the lawyer shall put a case for both ? I think i'll put up rest of the argument in court .. But obviously ICAI will field a strong lawyer to hit me .. btw what is a frivolous petition ?
Arun Kumar Bhagat
(Expert) 06 November 2012
Writ petition can not be drafted by any lawyer.
Jugal Haria
(Querist) 06 November 2012
then , who holds such powers ? On wikipedia , it is written a body with judiciary power can file them ... Can u name some please ?
Sudhir Kumar, Advocate
(Expert) 06 November 2012
for filiong writ you either have to challnge their rules as illegal or you have to challang etheir non-application. Please also ready thrice what Mr Shailesh Kr Shah advised.
Jugal Haria
(Querist) 06 November 2012
I guess the rules are wrong .. But , in case , if the rules are right , can I challenge that their actions is not in compliance with their rules with it being a body set up by the govt.. ?? & if I wish to continue on my stand & fight the case , may I get any help from any NGOs or educational instititutions & if yes , should I take it or avoid it as it would be basically for their own politic motive ?
