Advocate Anuj Dewan

Questions Answered by Advocate Anuj Dewan

Q: CA Trainee form Not being signed by the CA

Sir I am working as an article trainee under a chartered accountant. As per the regulations of ICAI a trainee is allowed free transfer within 1 year of training. After giving a 1 month notice my CA is denying to relieve me and sign my termination form. Is there any remedy?

Advocate Anuj Dewan answered
You can file a complaint against the CA with the disciplinary authority of ICAI. Hereinbelow is the procedure of filing the complaint before the disciplinary committee of ICAI for your reference;3 copies of the complaint duly signed by the complainant must be filed with supporting documents. A nominal fee of Rs. 2,500/- is payable along with the complaint through demand draft in favour of “The Institute of Chartered Accountants of India” payable at New Delhi.

Q: landlord not returning security deposit

Its been a couple of months that I have taken a flat for rent, the rent amount being INR 11000 and the advance amount being INR 45000.Due to some unforeseen events, I am going back to my hometown. As per the rent agreement, either party has to notify 2 months in advance before vacating the flat.I already informed the landlord that I would be vacating the flat in the 1st week of June, thereby serving a month's notice period. another tenant came and said that he is willing to move in June.However the landlord is stating that since I have stayed for such a short period, he will deduct my security

Advocate Anuj Dewan answered
Well to begin with, kindly share with me your rent agreement of 8 months. Thereafter, you need to issue him a notice terminating the rent agreement as per the provisions of rent agreement. Once the notice is issued, the landlord can deposit cheques only for the months of your stay and not the cheques that would become due later. Further, he's liable to refund your full security amount with deductions, if any.

Q: Remedies for fraud by a recruitment agent

Last February Give some money to one recruiting agent, for foreign vacancy He said It is open embassy interview. But not done that interview until now. We ask money return.. but telling today tomorrow like that...now not picking mobile also. We have his bank account number And mobile number no other information. what to do we are 6 people same situation Please give me valuable reply as soon as possible Thanks...

Advocate Anuj Dewan answered
Firstly, issue a legal notice to the recruiting agent giving him 15 days time to return the money. If he fails to pay, then file a complaint under section 420 IPC before a local police station and if they refuse to register a FIR, file a complaint before a magistrate.

Q: The below mentioned is my problem and what would i do in this

Sir i have invested in network marketing company after investing money the CMD is not giving the amount returning in respect of that investment which he is promised so pls guid me and how would I initiate legal action against him

Advocate Anuj Dewan answered
It appears that the company and its key managerial persons are guilty of committing fraud upon you. Hence, firstly, I would suggest that you file a FIR against the company and its directors under section 420IPC and if the police refuses to lodge a FIR, file a private complaint before the Local magistrate.

Q: Water pollution

I want to file case in NGT but I don't know how to file case. Is it important to hire a lawyer to file case in NGT. Is it possible to file case without1 lawyer

Advocate Anuj Dewan answered
It is always advisable to hire a lawyer whenever pursuing any matter before any court. A litigant in person may think that he knows all the laws and facts but a lawyer is much more than just law and facts. His awareness and knowledge of legal doctrines and principles, judgements, interpretation of law, the tricks of the trade, court ethics etc. are something which are really important for any matter before any court. Yes, one can file case before NGT without a lawyer.