Saturday, November 22, 2014

LITERATE who is THE one ?

Today's Assorted !
Dec 25

BBMP yet to recognize unique property IDs for transactions

8 hrs ago|Officials Say PID Numbers Will Be Used Only After Validating All Properties In City

Dec 24

How To Write Your Own Will - ML Foundation - Moneylife

May i raise a nagging doubt in own mind, - rather worrisome particularly should anyone not shy away but care /be bent upon going into in–depth.  As is common knowledge, in recent times, the idea of  acquiring and holding property in ‘units’ of a building – Flats or Apartments,  has  increasingly caught up and come into vogue. Even so, owing to overwhelmingly large number of irregularities/ glaringly wrong practices in the ‘realty sector’ ,  the lawful  rights to and interests  in such types of property have come to be jeopardized /set at naught  in a very big way. For that matter, even basic points have come to be debated; such as whether a purchaser, even if in possession, has really 'acquired' the property and become its lawful owner, at a given point in time, - so as to be ‘inheritable’ in its profound sense. Judicial views taken in decided cases are not found to be of much help; instead, have simply added to the obtaining confusion. For instance, consider the view taken by the SC in Podar Cement  Ltd.’s case. That is one deciding a tax issue but related to ‘Flat’. The discussion and the line of reasoning adopted, albeit for settling the limited tax issue,  has in its  wake brought to the fore many intricate angles,  apparently striking at the very root of anyone’s normal understanding of the  concept of ‘ownership’.

As an expert and popular exponent of the topic of ‘will-making’, perhaps , the advocate may wish to accord some useful thoughts and share his considered views, in an attempt to eminently enlighten  his interested audience/ clientele.

The numerous Blogs of self, @ swamilook (Google Blogs) devoted to the varying related aspects, kept updated  more or less continuously, may be found to provide enough ammunition, hopefully to provoke  an insightful study,  towards accomplishing the suggested  endeavor, aiming for the common good.

Add-on >

The previous comment herein has touched upon the property in Flats/Apartments, which have peculiar characteristics, and are distinct from an independently and excursively owned house property. The point in mind is that, therefore, for executing a will in respect thereof, special care has to be taken to adequately and effectively cover such property. Further, in an attempt to do so, difficult problems could arise, and hence, extra precautions have to be taken, in suitably framing the document. So as to ensure that it is afaf foolproof  or  complete enough to avoid or obviate anyone or more otherwise inevitable fallout problems. To hint at, extreme care and caution might be called for, should say, presently, the property be one under construction and entail uncertainties as to its completion and actual conveyance. Should there be a borrowing  by testator for funding  purchase, then that will prove another spoke in the wheel. In short, in such cases, to say/believe  that execution of a will should cost nothing more than the cost of paper to write on, is patently an over simplification; holding out a potential risk and unwarranted exposure in the ultimate interests of the beneficiary/successor.
There is no gainsaying that,  it will not but be prudent for advising law experts, so also  for any intending executor of a will,  to keep in laser sharp focus even such not-so-obvious but nonetheless vital aspects to keep safeguarded,  against all contingencies, foreseeable or otherwise. Over  to experts in field practice, for the desired deliberation and enlightenment from all angles. 


 Partiality with Tax Advocates since 1984


CIT vs. Sulzer India Limited (Bombay High Court)

December 5th, 2014 

  1. i am sorry how elementary things revenue dos not understand, what kind of revenue dept our great finance ministry has?
    but for high courts taxpayers would be taken for granted, it is high time HC shd tell the revenue never fail to follow natural justice besides procedure laid down by laws as also natural justice that would be the need of hour.
    i am sorry we are wasting so much salaries and remuneration on so called public servants

Refer: Central Regulatory Bill For Realty (Pending Enactment)
(An Instance of legislation, laying, for a change, emphasis, QUITE RIGHTLY SO, on "Principles Of Natural Justice")

To Relate >

A well reasoned judgment, more founded , rightly so to fit into our modern times, on sound principles of natural justice, as opposed to strict ‘legality’ or ‘THE LETTER’ but de hors “THE SPIRIT” of the law. May be, this is an instance in which the judiciary has chosen to be aided by the not-so-familiar Rule of “Updating Construction”
In a manner of speaking, the long standing soulful lamentations of a law legend, in the person of N A Palkhivala, are reflected in reported judgment.
To quote : –
“ The bewildering complexity of tax laws is coupled with the hyper-technical spirit in which the laws are being administered. The words, “the letter killeth” should be inscribed over the portals of every income-tax officer”.
To Re quote:
(Source: Nani’s published speeches/ articles)


Title could have, in all fairness to Arvind Datar, be  better worded (say,- 'on', in place of 'and'), , so as not to, by any chance, be misconstrued or regarded as misconceived ! 
Not only contract of the kinds spoken of, but every other, oral or written, in general,  if incomplete or one -sided or such other, with deficiencies, especially if vital and going to the root of the 'offer'/'promise', and 'acceptance', materially offending the very concept of ‘contract’, in its profoundly legal  sense, cannot be lawfully or legitimately binding , much less be enforced, or sustained by judiciary, on the grounds of, inter alia, principles of natural justice and equity ; any counter view ?
Cross Refer : Related blogs on 'contract' <<<<

Useful Miscellania » Drafting Of Laws Today Is Not ...
.....Our democratic institutions accommodate a continuous process of discussion and evolution, which is reflected in the constitutional right of each participant in the federation to initiate constitutional change. However, each of the three participants, under the Indian Constitution, is duty bound not to disturb the structural checks and balances which are specifically provided for in the Constitution, which happens to be a written detailed Constitution of 395 Articles. 
Transparency and accountability have got to be there for all the three branches. However, qua Judicial branch, “the decisional independence” is the key concept. Under the provisions of the Indian Constitution, checks and balances are provided for which protect “the decisional independence” and, thus, the decisional authority of the Judicial branch.

.... However, it inheres in adjudication under the Constitution, because the rights protected by the document are rights against the State. All these considerations have to be taken into account if the Government or the Parliament wants to enact laws which may touch “the institutional independence” as well “the decisional independence“. Our Constitution is not only concerned with the rights of Individuals, Groups and Governments but also with the structure and the Legitimacy of our Governing Institutions. Judicial independence consists not only of Institutional Independence but also of    Decisional Independence  and therefore it should not happen that in making the Judiciary accountable the principle of judicial independence is abridged. As a note of caution, drafting of laws today is not satisfactory. This caution is required to be kept in mind before making any changes in the constitutional scheme of things.



Reading in between lines, though not made explicit, the impression given is that , anyone who has qualified both in law (BL or LLB) and accountancy (CA) cannot hold a certificate of practice for both and practice at the same time/during a given period , alternately, both as a lawyer and CA.

Perhaps, that appears to be the position as implicitly clarified , by the observation, –

“The Statement of Objects &Reasons of the said Rules points out that there is a visible trend of Advocates switching over to other professions/ service / business without informing the State Bar Council and that this trend is “endangering the legal profession as a whole”,

Does any expert in active practice have a counter view to share for the benefit of both professions?

Dec 5

Latest Articles

<Title could have, in all fairness to Arvind Datar, be  better worded (say, 'on', in place of 'and'), , so as not to, by any chance, be misconstrued or regarded as misconceived !

Not only contract of the kinds spoken of, but every other, oral or written, in general,  if incomplete or one -sided or such other, with deficiencies, especially if vital and going to the root of the 'offer'/'promise', and 'acceptance', materially offending the very concept of ‘contract’, in its profoundly legal  sense, cannot be lawfully or legitimately binding , much less be enforced, or sustained by judiciary, on the grounds of, inter alia, principles of natural justice and equity ; any counter view ?

Cross Refer : Related blogs on 'contract' <<<<

(PM sent to B M Malcolm)

Nov 28

WPRT the “Conclusion”, based on information gathered from known reliable sources, to share a few thoughts:
The SC verdict, as read and understood, applies, ipso facto, to cheques issued fraudulently; that is, drawer knowing full well that it is sure to be ‘dishonored’ for want of funds (credit balance in his account) at the point in time of its being presented for clearing (‘the instant case’). Now, with CTS (electronic) clearing in place, under which it is the ‘image’ of the cheque that is transmitted to the central clearing, not the physical cheque. At the central clearing, it is learnt, there are varying reasons for it not being cleared but returned to the drawee via his bank; such as, signature not tallying even if minutely. To cite one such real life experience but of bizarre kind , the CTS cheque book issued , for gross negligence on the part of drawer’s bank branch, got omitted to be entered on the system at the time of issuance, hence not found on manually viewing the system by the clearing. Further, in such a case, the drawer’s bank branch, has no means of coming to know of the fact of the cheque returned unless and until reported; and further, even then it has no clue, the bank heads / staff being what they are, is in no position to readily and satisfactorily explain the story behind. Anyone or more is sure to have had similar experience, also burdened with so called ‘cancellation charges’, – an insult added to the injury suffered for no fault of his. Yet another point, – cheque issued may not necessarily always be in discharge of ‘debt owed’; e.g. in payment of a subscription/membership fee. Most certainly, common sense should tell, the apex court ruling in the instant case can have no application to the rest of cases. It is unto the RBI, as the architect of the whole idea of CTS clearing, to promptly have a re-look into and advise its constituents to revamp by plugging in the wanted correctives; thereby save the innocent banking public from any disgusting hassle any- more/longer.

The burden of the ‘song’ (longish comment ventured) is to pin point that, in such or similar matters of commonly aired public grievances, it is for the RBI, as the empowered sole authority to, realize and tale all precautions even while conceiving of and bringing in any such innovative changes in the extant system/ practice.

G S Rao, Deputy General Manager (Legal) OCL India Limited, Email –

(May be contd.)

BL  Nov 28

Bad enactment, no enforcement

The learned scholar, with his seemingly insightful and devout exposure, it is noted, has , contrary to the normal pattern observed in such write-ups, on the vexing topic of 'corruption', has not simply touched the 'tip of the iceberg'; but struck the problem at its very grass root level. If not incorrectly  understood, the last couple of observations made , goes to reiterate the eminent viewpoints, incisively underscored off and on, in the limited learned circles;  that is, none of the men who have been or presently in governance , can rightly claim and hope to succeed in securing credit, essentially from the section of the populace with no ‘vested rights’, merely by the count of the laws made; but that entirely rests upon / eventually turns on, which anyone or more of them, with the untainted objective of contributing to ‘public interest’, have been implemented and seriously enforced , having in mind wholly and exclusively that objective, and that alone, come what may.

Posted, got rejected: for unexplained but hidden  nonsensical reason:
(< Emails exchanged in yahoo mailbox) · In response to public clamour against corruption, Parliament has been passing anti-graft legislation. But lawmakers, public servants and enforcement agencies, who have among their lot a vast majority of the corrupt, have been seeking loopholes in the law

"These days, almost everyone FORGOT the broader corruption issues and I thank the author for writing this article to remind everyone about this issue.” If carefully looked at, in the write-up is covered, not a disease selected or identi-ty (-fied (-fiable) any individual (s) afflicted with, so that could be sanely expected to be cured even by the top most doctor worth his salt across the globe, -not just in India. To be precise and in brief, it has remained to be realized, this is one of those potentially incurables, to eternity. In short, a case of feigned loss of memory/ failed 'human' conscience - to name a few, selective amnesia, remaining in the chosen abode of ICU for ages , a sort of self-imposed or wantonly invited coma , In hindsight, As is remorsefully said, it is the CREATOR who has made a fatal mistake (or, in HIS SUBLIME WISDOM chose it to be so) in not sending to the mother earth every child with DOD writ large on the forehead-- call it “ taqdir” or whatever ?

Contd, @



Cong’s dilemma: to support or oppose Bills

Never talked about bringing black money in 100 days: Govt

The Government today insisted in Lok Sabha that it had never claimed that all the black money stashed abroad would be brought back withi... »

Jaitley on black money: committed to punishing guilty

Finance Minister Arun Jaitley ruled out taking any “adventurist” way of revealing the names of those who have black money accounts, while reiterating that the Centre will pursue diplomatic and legal routes to ensure that the guilty are punished and the money stashed abroad is brought back. 

Replying to a debate on the issue in the Rajya Sabha, Jaitley said: “Opposition is suggesting a suicidal course on black money.

He said that Government is proactive and committed to punishing illegitimate account holders.


 Key Bills: King size trouble awaits BJP in Rajya Sabha

Even with support of independents and smaller parties, the NDA will fall short of a majori...

Read more »

< The Government’s floor management will be tested in the Upper House where, including all allies, the NDA’s tally does not cross 54 seats.>


Cong leads Oppn to stall Parliament proceedings


Whither the NATION is marching  or HEADING ?  FORWARD OR BACKWARD ?? These undoubtedly self-effacing, nay deprecating, imponderables are most urgently required to be voiced loudly, and taken on,  by every well meaning, right -minded  and upright citizen. He has the fundamental duty and responsibility to ASK ! All the more so, by each one sitting (or rushing down into the well)  from the 'opposition'  even on the slightest provocation or under any remotely imaginary or wildly invented  excuse.Instead of functioning as a healthy opposition, with the sole objective of one of the few largest democracies around the globe being kept alive and kicking; and not allow to being degraded and degenerated into a functioning anarchy as has been happening  elsewhere.  

Black money issue resonates in Parliament

'100 days are over, where is the black money?' chanted members of TMC, Congress, RJD, SP, AAP 

Parliament interruptus - Times Of India | Blogs

There are some systemic flaws in the way Parliament functions, which desperately need reform. Most public discourse on this subject centres on the need for the Speaker to impose strict discipline in Lok Sabha (and in Rajya Sabha by the Vice President, who chairs it). Of course, that is necessary. Indeed, the two presiding officers are authorised to eject or suspend disruptive members, and are further empowered by many all-party resolutions to this effect. This 16th Lok Sabha is already beginning to see more of this.
But Parliament cannot function better only with stricter discipline, unless we also resolve its structural fault lines. For instance, the single biggest reason for disruptions has been lack of agreement between government and opposition on setting the agenda for discussions, and whether a debate should be voted on or not.

Nov 25

A Quixot ()

Silver: 1.3K



News King


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Refer the para, - "The existing Act does not allow automatic transfer of ownership or succession to anyone named in the will if the owner of an immovable property dies when a case is pending in court. According to the proposed amendment, the ownership will be transferred to the person named in the will, and the case in court will continue..." The reported development, as read and understood, is bound to bring cheer to anyone named in the will and become entitled, as kin of the deceased, to have the ownership of the willed property transferred to his name. But, that is seen to have only a limited application to the kin, without having to do the rounds of the court, if there happens to be a dispute on ownership then pending in court. It is a common sense poser, as to why a further simplification is not envisaged by extending the facility to every other instance in which there is no such dispute of ownership; and why should not transfer be automatically made, without having to go through the presently obtaining tedious and time consuming process of applying for and obtaining a probate from court. In short, to one's mind, the crying need is to simplify, same way as "nomination" works. Over to law experts to consider; also to social activists for further deliberation of the mooted point and pursuit to a rightful end.

Published on 25 Jul 2014

Adv Vinod Sampat (Part 2) on court Judgements on housing society issues

Nov 25

How Accountants Lose Clients

swaminathan venkataraman YOU 

OFFHAND A very intelligent sum up of the reality largely observed and truly experienced in our times. Of all, the essence of the high potent remedy has to be found in fulfillment of client's expectation that his advising professional- be it on tax or accounts- is suitably equipped and competent enough to provide seamless 'quality service', so as to stand the serviced, as a class, in good stead and be of advantage to last life long/in the long run..


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