Artcleship

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archana bakshi

archana bakshi (Querist)
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01 October 2012 sorry i had to hide the post becoz of some undisclosable reasons!!!!!!

Amol S Joglekar

Amol S Joglekar (Expert)
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01 October 2012 Indian Contract Act: The terms of contract can not be changed UNILATERALLY. It is voidable at the option of the aggrieved party. ICAI ACT: I am taking it as CA regulation Act. : Your anger is welcome but my dear please mind it very well that the ICAI functions through COUNCIL. It will take around 36 to 40 months to have the decision on this MISCONDUCT. Will that give any liberty to your FRIEND to get exemption from articleship? So would like to request you to concentrate on ARTICLESHIP issue in the first place. Become a CA and misconduct case can be fought anytime in due course... there is no time of limitation for that. Best luck.

archana bakshi

archana bakshi (Querist)
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01 October 2012 ok sr, i got it. I cant gt any hlp frm the icai in a shrt period bt wht abt cntrct act.There is a violatn of cntrct act and on tht basis cnt we gt a faster redressal

Amol S Joglekar

Amol S Joglekar (Expert)
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02 October 2012 We may not get JUSTICE in court. What we get in court is called as JUSTICE. As far as I know the average period of CIVIL matters, it is around 5 to 10 years. This also involves APPEAL to the higher court. It is always advisable to complete the crucial task first and then the rest ones. I think, considering the fact that INR26000 is a MATERIAL amount for your friend, the first task is to complete CA. For the rest of your life you can fight for INR26000.

Amol S Joglekar

Amol S Joglekar (Expert)
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02 October 2012 Another point merit considering is that it is a principal versus articled clerk kind of agreement. The apprenticeship act comes into play. (Of course it is the off shoot of contract act). Assuming you prefer the redressal route under civil court, what will happen to this period of apprenticeship. Please try to understand that your principal is not going to give you transfer. He/she has only one argument... matter is subjudiced... whatever (and whenever)the decision comes, he/she will follow it.

Amol S Joglekar

Amol S Joglekar (Expert)
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02 October 2012 Please note I am not trying to discourage you. What I am trying to tell you is KEEP this insult in your mind. It will act as moral booster for completion of CA. Once you become a CA, you will be on equal footing with the existing one. If you really want to help your friend, go to some arbitrator. Find out a person who can amicably tell the concerned CA to give trasfer. Treat the amount of inr26000 as LOAN.

archana bakshi

archana bakshi (Querist)
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16 October 2012 Thanks sir..I know it was so kiddish of me,to think of moving the court..and very well said"wht we get in court is called as justice".Bt i just dont understand one thing that why ths clause of icai on restriction on one's trnsfer nt removed as it clearly restricts our freedom to work where we wnt to(i think it is our basic right)...Whats ur opinion sir?

Amol S Joglekar

Amol S Joglekar (Expert)
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17 October 2012 I always quote the sentences from "contract with MINOR" A minor should not be aggreived with the experience of MAJOR at the same time MAJOR should not be fooled by a MINOR on the basis of minority. Mutuality should be protected. The same principal applies in many cases in real life. (Principal and articled) Transfer should not be used as a threatening weapon by the articled.

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