Monday, April 20, 2015

RESOURCES contd. April 21>>>

Banking Ombudsman (in addition to extant RBI's Omb)
RBI asks PSBs, large private and foreign banks to appoint ombudsman

Why to link with Internal Audit/ internal Control - CFO, CS....

With proven integrity, independence, more so legal acumen (law background)

cross refer > BSR on the institution of Omb. (BLOG)

Posted: 11 May 2015 03:32 AM PDT
By Accommodation Times News Services The objective of breaking up the target is to let all stakeholders know the target of new homes clearly within their areas especially within ULB’s so that wherever necessary, new policy or an action plan is put in place and which can be periodically monitored by the Mission headed by […]


Strategy for Optimum use of existing land resources by encouraging redevelopment  (pg. 25 to 57)

Strategy for Improving quality of life, overall living standards with concern for environment (pg. 60, 61,,,)

These two features, seemingly aiming at diagonally but mutually conflicting ideas call for a closer and mufti dimensional study !

Cross Refer .


On Consolidation Of Appeals

DIT vs. M/s. Societe Generale (Bombay High Court)

< M/s. Chitivalasa Jute Mills V/s. M/s. Jaypee Rewa Cement reported in A.I.R. 2004 Supreme Court, 1687. In the context of power of consolidation of suits, the Hon’ble Court held as under ….

 Click here to download the file in pdf format

cross refer Podar Cement < SC

 Also >
A. Judgment in Podar- secs. 256 (1) and 257

B. secs. 256,257,260 , 260 A, 261, 262
Provides parties with a streamlined and standardized appellate process.
Top of Form
Bottom of Form
·  Order that I issued under the Income Tax (Appellate Tribunal) Rules, 1963, defining jurisdiction of the various Benches of the Tribunal, has also undergone ...

Important Amendments To The Finance Bill 2015 Passed By The Lok Sabha

Several important amendments with far reaching consequences have been made to the Finance Bill 2015 as passed by the Lok Sabha on 30th April 2015

The Entire Law On Taxation of Undisclosed Foreign Income and Assets

The author, an eminent Chartered Accountant, has meticulously analyzed the provisions of The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 and explained all its intricacies and nuances. He has also offered valuable suggestions on how to make the legal provisions more effective and prevent its misuse



This latest reported episode, if viewed with a different stroke, brings to surface certain crucial posers / propositions of a rudimentary nature. To briefly touch upon, for the legal fraternity to go to the grass root of  the issues involved and devote independent thoughts, to come to a better , if not THE right, conclusions :
It is common knowledge that, our modern times, is replete with newer and newer technological developments in the field of IT.  To be precise,   the reality is that knowledge has come to be increasingly regarded as something to be shared openly, with no secrecy. More so, should the sole or primary intention or objective be to serve the sublime causes of creating awareness, awakening, so on, aimed at 'societal welfare' in its profound sense. On that premise, does not the historical concept of 'copy right’, having become outdated for long, cease to have any social relevance, hence requires to be drastically changed? 
Perhaps, courts, in interpreting  any law or applying the law to a given case, and adjudicating on such or similar issues, might do well to keep in sharp focus the lately refined principle or rule of  interpretation known as “UPDATING CONSTRUCTION” that has been  increasingly gaining currency in the field of jurisprudence. For knowing more, recommend to care to and look through the host of related material  freely shared and available in public domain.

< Cross Refer >
· With more than 180 million blogs in the world, .....

B&B Hardware took an unusually aggressive approach to its trademark dispute ... Three's Company But Two's a Crowd: Theatrical Parodies of Copyrighted Works ... But what if you have already initiated copyright infringement proceedings and ...

<< Previous Blogs
 Earth Day 2015

< Down TO Earth !
Lci Society/apratment formation with builder - by RAHUL CHAVAN
  • I am staying in newly constructed building. There are total 18 flats and we got completion certificate.
    Builder is ready to form both either society or apartment. There are 5 members who have not paid fully to builder and they have ongoing arguments with builder for last 1 year on pending work and work quality and it seems like there is no end to that.
    Builder says, he will initiate the process of society formation only once he
    recovers money from those 5 members.

    My patience are over.Also I am worried about the situation where builder runs away. Will it be possible and good idea for remaining
    12 members to force/ask builder to form society or apartment and get conveyance deed done without inclusion of those 5 members.
    Is there any better solution for this. please guide me.

Posted: 29 Apr 2015 03:06 AM PDT
By Accommodation Times News Services By Sanjay Chaturvedi Most of the Housing Finance Companies are behaving like SAHUKARs and do not have human face. With one sided agreement, blank undated cheques, promissory notes from borrowers and guarantors and hefty processing fees, getting housing finance is almost impossible to get. Under valuation of properties while giving […]


Madhukar B. Thakoor vs. ITAT (Bombay High Court)

April 29th, 2015
Discretion X Valor ?!

<< Judicial Propriety vs Emotions X Professional Deficiency

Parallel ideas , with no conceivable meeting point in vision ?!

Highlight of the day

Can a Company Have a Second Act?
Glenn Kelman, CEO of Redfin


 Govt scrapes Draft Development Plan 2034 after observing huge lapses & flaws


 Determination of fair market value of Property in India

Vinayak Chatterjee: Getting real about real estate

Power to make Rules and Regulations:
· Appropriate Government to have powers to make rules over subjects specified in the Bill;
· Regulatory Authority to have powers to make regulations;>

Ref. Previous <

TO BE MARRIED (Paired ?!)

MOFA (maoa) vs KAOA (kofa)

11 Common Regrets Of New Home Owners

Property Documents -

Why registration of immovable

< Power to make Rules and Regulations:
· Appropriate Government to have powers to make rules over subjects specified in the Bill;
· Regulatory Authority to have powers to make regulations;>



More Food (but this time with more spices added) For Thoughts) >

Ownership of life: If you don't belong to yourself, to whom ...

Once Again >>>>

< In one’s longstanding conviction, and as is being canvassed all along, the very sensible opinion handed down by the consumer court should go a long way in having settled, amicably, without having to go court, OR OTHERWISE, all out- standing lawful but left- unfulfilled -demands against promoter.
Logically, but equally, it could be validly urged, the same opinion must hold good even to cases in which, -by force of circumstances,  left with no other option , the buyers’, as a body, whether duly constituted as a legal entity or not, have taken over from promoter, come to be known as ‘financial take-over’,-that is, simply the responsibility to attend to maintenance and other such works/affairs in relation to the building complex, pending the ‘final conveyance’ as mandated by the law. Also, should equally hold good, if not with greater force, to ‘apartments complex’ as well. >

The Real Estate (Regulation and Development) Bill seeks to bring order to an ungoverned market

  • It is worth noting that while land is a state subject, regulating contracts and transfer of property are on the concurrent list. The Bill puts in place a sector-governance framework across four broad areas:


           With this goody bag for consumers do concerns also exist?

           >>>>>>>>....... ?

  • The issuance of completion and occupation certificates from authorities should also be brought under regulatory supervision as these, along with other permissions, are areas well-known for rent-seeking behaviour.

    Overall, the Bill does indeed create confidence in the market for real estate. It sets the stage for ushering in many more credible domestic corporates and also gives comfort to foreign investors. It may also result in better access to bank funding with enhanced overall credibility of the sector.

    All this is expected to take around a year as this Bill awaits approval by Parliament after which the regulator comes into being and settles down to its task.

Vinayak Chatterjee is the Chairman of Feedback Infra.; Twitter: @Infra_VinayakCh

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