| Case ID |
168713b3-da77-4b47-b0c6-34191a06e1b0 |
| Body |
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| Case Number |
Civil Reference No. 1 of 1991 |
| Decision Date |
Apr 08, 2002 |
| Hearing Date |
Jan 18, 2002 |
| Decision |
The High Court ruled that the reference filed against the Chartered Accountants was liable to be rejected due to significant procedural violations, including the failure of the Investigation Committee to follow mandatory procedures as outlined in the Chartered Accountants Ordinance, 1961. The court emphasized that the Institute of Chartered Accountants had not properly considered the complaint against the members, leading to a lack of fair process. The legal principles of natural justice were found to be violated as the accused members were not given a proper opportunity to defend themselves. The court highlighted the need for the Institute to maintain its integrity and uphold the standards expected of its members, ultimately rejecting the reference based on the inadequacies and legal infirmities present in the original complaint. |
| Summary |
This case revolves around a civil reference filed by the Institute of Chartered Accountants of Pakistan against Messrs Hyderali Bhimji & Co. The case highlights the critical importance of adhering to established procedures within the Chartered Accountants Ordinance, 1961, particularly regarding professional misconduct inquiries. The Sindh High Court found that the Investigation Committee had failed to follow mandatory legal provisions, violating the principles of natural justice by conducting ex parte proceedings without proper notification to the respondents. The court's decision emphasizes the need for regulatory bodies to uphold their responsibilities and ensure fair treatment of their members, thereby protecting the interests of the public and stakeholders. This case serves as a precedent for future inquiries, reinforcing the necessity for transparency and accountability within the auditing profession. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI, J
|
| Lawyers |
Ghulam Abbas Pishori,
Syed Himayat Ali Pirzada
|
| Petitioners |
INSTITUTE OF CHARTERED ACCOUNTANTS OF PAKISTAN
|
| Respondents |
another,
Messrs HYDERALI BHIMJI & CO.
|
| Citations |
2002 SLD 445,
2002 PTD 3091
|
| Other Citations |
1991 PCr.LJ 110,
1987 SCMR 1967,
PLD 1995 SC 4101,
Abdul Majid Beg v. K. Karimuddin and others 1968 SCMR 867,
Shahbuddin v. Inspecting Assistant Commissioner of Income-tax, Range-1, West Zone, Karachi and 4 others PLD 1988 Kar. 587,
Angland v. Payne 1944 NZLR 610-(626)
|
| Laws Involved |
Companies Ordinance, 1984,
Chartered Accountants Bye Laws, 1983,
Chartered Accountants Ordinance, 1961
|
| Sections |
252,
Chap.X,
20A,
20B,
20C,
20D(2),
20D,
20F,
27,
Schedule II, Part I, Cl.(7)
|