Was the jury right in...?

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BL

Lawyers and Judiciary - Need for Holding Hands !>


Lawyers, judiciary must work together for speedy justice: Manmohan 

SG
LPP
Client confidentiality privilege – Only for lawyers & not for accountants – UK SC

February 3, 2013 at 1:24 PM

On the subject matter, those interested may usefully read also the related following:
@Indiacorpblog, the articles titled, -
1.Legal advice privilege for tax advice given by non-lawyers
2.SEBI Investment Advisers Regulations – an overkill?
Article titled
A Warning to Wall St. About Misleading Clients by
PETER J. HENNING
LEGAL PROFESSIONAL PRIVILEGE: FUNDAMENTAL PRINCIPLES
www. asb.unsw.edu.au/schools/taxationandbusinesslaw/atta/attajournal/Documents/2_Kendall_JATTA_vol1_no3.pdf
PROSPECTS FOR A TAX ADVISORS’ PRIVILEGE IN AUSTRALIA by
KEITH KENDALL

<pre4vious

U.S. Ruling on Investment Banker Liability in M&A

<> To add-on

Any study on the subject, and further, and trying to reach any sort of conclusive views, or form an opinion, might, as is obvious, eventually prove simply an attempt no less difficult than to reach the horizon.

To demonstrate:

Here is an article reporting a very recent ruling of the Law Lords, i.e. the UK House of Lords, a majority decision >

> Client confidentiality privilege – Only for lawyers & not for accountants – UK SC

(@ Taxguru website)

On the first blush, it seems to throw more light, and bring about clarity in the form of a clear-cut judicial opinion on the specific area of controversy. But then, it does not cover the larger controversy on the concept of LPP, by confining to LAP.

LPP , as is expected to be known, ia a comprehensive one' in that it takes within its ambit all communications , not simply confined to professional  'advice' to client or beneficiaries ( being, direct or indirect).

By the way, anyone inclined to persist and pursue the study, even if purely academically,more food for thoughts may be looked for in following:

article @ "Takeover Panel Retreats"

>In the world of takeovers there is only one big ideological divide (and some smaller ones, but I'll ignore them for the time being).  On the one side, there are those who believe that when it comes to questions about mergers or ......>

http://lawprofessors.typepad.com/mergers/crossborder/page/2/

2. http://mrwhatis.com/jury-system.html

> previous

<>  Offhand ::

 The short write-up brings to one's mind certain intriguing aspects; especially, in the broad context of judicial system created and in place in any nation, for serving the social purpose of a proper adjudication and administration of justice. Not to forget that, Jury is a system, which because of its inherent deficiencies and shortcomings, has never been favourably viewed or endorsed, uniformly all around the globe? For a study, look up the useful material available @  http://mrwhatis.com/jury-system.html

Jury is an institution still prevalent in certain countries, As a common law (as opposed to civil law / criminal law) system , it forms an essential arm or wing of the judiciary. Possibly, a further study may help in finding some guidance, in the form of 'precedent' or any other on practical experience on the various aspects of the jury system . But one thing seems to be clear:; in that, in discharging its duties and responsibilities, Jury should, ideally speaking, not confine itself to the case on hand, but necessarily have in mind the consequences /repercussions, rather influence its verdict in a given case entails. That is, the likely impact of a Jury ‘s verdict on the principles of jurisprudence, and on the judiciary itself.  

Even if viewed differently, the subject dispute and the verdict of the jury, albeit confined to the facts and circumstances of the given case, so also the evidence adduced and examined, have unavoidable potentials for quite many far reaching consequences, most likely to impact such or similar other cases. It appears that, this is the aspect which has been underlined in the concluding paragraph.

In reflecting on the verdict, the writer says, -

“....HOWEVER, THE JURY WAS NOT PERSUADED ABOUT THE CLAIM BECAUSE THE DRAGON ITSELF APPEARED TO BE KEEN TO CLOSE THE DEAL BECAUSE THE DRAGON ITSELF APPEARED TO BE KEEN TO CLOSE THE DEAL IN A SPEEDY MANNER AND IGNORED SOME RED FLAGS.” (upper case supplied)

  In short, the poser requiring a useful debate is, -as to whether or not the jury was right in doing so / more so, for the reasoning (suggested !)?

This is an angle which the cited two blogs - M&A Law Prof Blog; and - Deal Professor., on a quick reading, do not seem to have even touched upon.

May be contd.

Rider

To put it succinctly, crucial points that call for an insightful deliberation by legal pundits are these:      

A)     Could the judiciary,-assuming that there had

been no jury, but were required to act independently, - have decided likewise?

That is, in view of the party's attitude not-so-keen- to- pursue its claim (s), allowed it to “close the deal in a speedy manner”, ignoring the reality that there are attendant "red flags”.
More over, despite the court being conscious of the unpleasant / adverse consequences likely to be faced by/ensue in several other similar cases, either pending or coming up in future.

B) Is not the court expected to, in its wisdom, rightly so, to adjudicate and hand out its clear-cut opinion, purely on merits, so that it will take care of / protect the common/ public good (both in its profound sense and effect)?

It is hoped, the hints provided will help.

House Property - Flat hed by Builder as st-in-trade pending its sale - Income ?

Incidence of income-tax on house property is on ownership

On the first blush, the rationale behind does not soing good ?

Lci - A good Joke ; CD > all in "imagination' ?!

add-ons
1. A new reply has been added to the below mentioned query at lawyersclubindia.com

Subject : Time limit for will

By Devajyoti Barman on 30/01/2013 08:26:09
Click here to view the reply

---------------------------------------------------------------------
Lawyersclubindia.com - A website for Lawyers and Indian Public
---------------------------------------------------------------------

2. Robert Reich: The Non Zero-Sum Society: How the Rich Are Destroying the US Economy
http://www.commondreams.org/view/2013/01/29-2

The Non Zero-Sum Society: How the Rich Are Destroying the US Economy

And why Walmart, McDonald's and every hospital in the country should be unionized

by Robert Reich

Get it? It’s not a zero-sum game. Wealthy Americans would do better with smaller shares of a rapidly-growing economy than with the large shares they now possess of an economy that’s barely moving.
If they were rational, the wealthy would support public investments in education and job-training, a world-class infrastructure (transportation, water and sewage, energy, internet), and basic research – all of which would make the American workforce more productive.

¨      Intelligently projects and sharply focuses quite a few vital pragmatic view of things. if  that is wholeheartedly realized, effective steps taken unreservedly, and pushed forward devoutly,  then alone there could be hope to succeed in putting  a break to the retrograde developments fast taking place, world over, and make a move in the right forward direction .  

>previous

Andrea Brower: Reclaiming Our Imaginations from 'There Is No Alternative'
http://www.commondreams.org/view/2013/01/25-2

A very thought provoking write-up from a guesstimated intelligent ‘sociologist’; that too providing useful clues for the rightfully righteous directions to be followed; nay, wrong ones to be eschewed.

As is said and believed,-  'Seeing' IS ' believing' ?

Can the same be SO said or believed, of  'imagining'  ??

·         Reply> Qimountain @

Very truly said; from every nation's viewpoint, -
the overwhelmingly haunting, and obstinately daunting factors to which all the evils traceable are primarily these:
Mindlessly resorted 'globalization';
Wantonly chosen corrupt mindset, nurturing and leading to corrupt practices; and
last but not least, unscrupulously indulged- in large (-'whole sale')scale 'commercialization' in almost every walk of life and human activity.
In short, at the bottom of it all, is the self-centered and egocentric attitude towards 'life'; and the uttermost disregard/ disrespect to that thing called, 'societal welfare' (in its profound sense).

@ Qimountain •

Great article Ms. Brower! I would only add that your thesis is/ or would be just as interchangeable to voting. What you posit about capitalism can be extended to the mind set of those who keep voting for the broken two party dysfunction under the belief that they have no other alternative because they have been conditioned through a mega marketing campaign which is told and retold; they have been brainwashed to think that their vote is only valuable by following the rest of the herd. And snce capitalism is the obvious agenda of some pernicious broken ideal of self worth where one's value as a human being is always measured by their purchase power. The siren call of Madison Avenue tells us that human value is in what you own, the type of car you drive, the house you live in, along with all the toys. So, yes, we do indeed need to reclaim our imaginations for the entire scope of what now passes for value in contemporary culture.

·       

BBMP Ubiquitous Property Tax ? AT more on realty !

UPDATE
TOI

 click here

BBMP tom-toms tax defaulters' lapse

BBMP got its drum-beaters on Tuesday to name and shame a property tax defaulter on Residency Road but it doesn't even know who owns the property and should pay the tax.

DH
Drum-beating at Prestige Towers - deccanherald.com    23 January 2013

Q
Bruhat Bangalore Mahanagara Palike (BBMP), on Tuesday, carried out drum beating drive at the Prestige Towers on Residency Road to recover property tax revenue to the tune of Rs 1.75 crore.
Continuing its drive to target high profile tax defaulters, Palike officers, accompanied by drum-beaters, reached the Prestige Towers and beat the drums for nearly two hours. However, no one turned up to pay the tax.

The owners approached the Palike revenue officers, requesting that they will ask the owner to pay the requisite amount.

The Palike officers said Prestige Towers, which has 157 offices, has not paid taxes since 2008-09. Notices to the owner could not fetch any revenue, compelling thePalike to beat the drums in front of the complex. Since no revenue was collected from the owner of the property, the Palike has decided to beat the drums on Wednesday also.
UQ

<> Impromptu

If one remembers right, the BBMP rules fix the property tax liability on the 'owner' or 'occupier' of the property. In the instant case, the property in question comprises the 'units' of the PT occupied by offices, who presumably are in occupation having purchased the units. The doubt is, - Is it a property developed by P, a well known builder in Bangalore, under a JDA . Even so, the problem in collecting the pt seems to stem on the actual fact that the land had remained in the name of its historical owner.  If so, the problem, in one's perception /genuine guess, is relatable to / arises because of failure of a serious nature in not having the ownership of land transferred, in the normal course, to the owners of the units. Who then is to be blamed, jointly or severally ? -  is the 'million dollar' question. Answer is  obvious, but left unanswered for equally obvious reasons!

More Realty News (AT)>

latest >

30- Years fixed rate loans favored: RBI

>previous

FM asked real estate and broking firms to set up banks

$ Buyers in Noida demanding implementation of apartments act

vswami

Posted on January 23, 2013 at 12:07 pm

<> Other States such as Karnataka, lately Maharashtra too, do not seem to lag behind in keeping up the longlasting tradition of indulging in same or similar irregularities. It is the entire body of stakeholders, not only the buyers, so also the lending Banks , have been made the victims of the villainy, and continuing for so long with no let up. The concerned Governments and /or its empowered authorities and servants have been the willing partners, adding to the tragic woes of the investors.

In case what the Urban Minister referred to is the Regulatory Bill pending enactment, then they have to simply keep their fingers crossed and fists tight, and live with hopes on hopes of the kind of changes / improvements the new law has in store; howsoever remote that be.

As for lending banks and other institutions,- to pinpoint with courage of own conviction,- they have been playing a dual role of  victims and culprits; and have to blame selves for own follies, arising because of the systemic deficiencies. To be precise, such deficiencies, - eventually resulting in the ever mounting NPAs, in among others the home loan sector, - go to demonstrate how and to what deplorable extent there has been a callous and recalcitrant attitude on their part  in having in place an efficient ‘risk management’ system. That has to be necessarily an in-built one; and requires a constant monitoring, marked up by profound diligence. For rectifying all such deficiencies, once for all, as a first step, they are required to tone up the internal control and audit functions. Also, need to make doubly sure that both the internal (in-house) as well as external legal advice and guidance are tightened up, and made as far as possible leak proof cum foolproof. If sincerely looked at and considered, to accomplish the desired objective is not at all a difficult exercise or task. For, everything else would automatically fall in place and rendered the most simple and effective, provided they have the comprehensive set of standard norms, and are made conditional  for sanction of home loans.
The norms once prescribed, require to be standardised, and also mandatorily followed, with no scruples...For this purpose, clues and guidance should be taken from the specially tailored and enacted law of the States. And even before, or at the point in time of, deciding to accept home loan applications, through a proper investigation would require to ascertain the credibility, integrity, so on ,  of the promoter/seller; instead of simply relying on the popularity, name and fame, so on. Need to ensure that  the property (Flats or Apartments) are constructed and put up for  sale, only after due compliance with,  and completion of, all the formalities , strictly and fully ; in order that satisfies all that are needed for a proper and lawful conveyance, and in turn,  constitute adequate security for the monies lent.

The mesures/steps on the suggested lines are called for, not simply in the lenders' own interests but also in those of the respective borrowers. Perhaps, the lenders have an important role to play in bringing about the desired improvements in the Realty Sector, by reason of their having the key for the effective solutions. Compliance with the requirements of the law is a must, hence be insisted upon. To be specific, need to be ensured are,-execution and and registration of the Declarations (Form A and Form B), properly drafted contract agreements (agreement to sell and conveyance deed), conveyance only after completion of the construction and obtaining OC, the property has clear and  truly 'marketable title' as warranted.

The registry is the other conscience keeper, in a way the gatekeeper, who is expected to have  a similar but corresponding dominant role to play, with attendant onerous responsibility to discharge, in the performance of duties as 'public servant(s), even in the normal course of its functions as per the governing law, rules and regulations.

To sum up: Without a sincere and earnest  co-operation and truthful co-ordination, above all a concerted action, among everyone of them - not only the players in the sector, but also the buyers , the bankers, and the registry and other concerned local authorities, who have a joint as well as several responsibilty - the presently obtaining state of affairs are bound to persist and continue tenaciously. Any talk about regularising or regulating, and thereby bringing about any change or reform, would then be allowed to remain a pipedream.

For an elaboration of the foregoing aspects, the previous related Blogs herein - (e.g. on the topic of,- Final Conveyance of Property in Apartment Building > When Takes Place? may be gone through.

(Pending edit)

Citizens of Mumbai now download property registration document

Sordid Story of a 'whistleblower'

Published on Tuesday, January 22, 2013 by Common Dreams

The Portrait of a Whistleblower: Torture Cannot Be Tolerated

Unveiling of the portrait of John Kiriakou, at Busboys & Poets, January 23, 2013, Washington, D.C.

by Robert Shetterly

>  Published on Monday, June 6, 2011 by CommonDreams.org

The Loneliness and Courage of Thomas Drake: A Whistleblower's Journey

by Robert Shetterly

IRDA - its Bar ? - ICL reports on SEBI's new regulations on 'Investment Advisers' >

TOP Up
BL
IRDA

The IRDA’s misplaced leniency
<> In the present context, it may be worthwhile to recall that, IRDA , vested with powers of a 'regulatory' authority, is known to have often acted without much prudence or foresight as desired. One such instance, that almost rocked the boat of good governance, stuck out as a sore thumb not long before to the discomfort of the investors/stakeholders, is that was noisily debated “turf-” or “ego-” war, recklessly waged, and fought for sometime, by SEBI and IRDA on either side.

Though call selves or generally called by others as an 'agent', the fact of life, to one's understanding, is that mostly there is no such relationship of 'principal' and 'agent' in the legal or profound sense. To put it differently, the field reality is that insurance business, same as any other, is canvassed by self-appointed, or even if officially recognized by the operating concern itself , are acting as mere 'brokers' or intermediaries. That being so, there does not seem to have ever been,- till such time when IRDA conceived of and lately came out with a 'bar',- any control or monitoring , worth a mention, by either the operating company or regulatory authority over the functioning of such loosely called 'agents' . Perhaps, that has to be rightly regarded as the underlying whole truth, nothing but the truth.

SG

Client confidentiality privilege – Only for lawyers & not for accountants – UK SC


I.A read also>

A Warning to Wall St. About Misleading Clients

 PETER J. HENNING

I SEBI Investment Advisers Regulations – an overkill? @
 (see related/connected)>
-->The term investment advice has been defined to cover advice relating to securities and investment products. This covers a very wide range of products. Investment products may also cover even real estate, gold, etc., i.e., non-financial products

<> “The term investment advice has been defined to cover advice relating to securities and investment products. This covers a very wide range of products. Investment products may also cover even real estate, gold, etc., i.e., non-financial products.”
On these limited observations, wish to share a few more thoughts:
If the term ‘investment products ‘ were to be so liberally construed, that will mean, SEBI would be within its powers to try and overreach all and sundry, - including any non-financial product - regardless of whether or not it has the characteristics of the shares or stocks. What ought not to be forgotten is that, SEBI’s powers, in terms of the special statute of which it is a creature, are confined to regulating exclusively the market for the said financial products. In this context, one has to remember the ego war between SEBI and IRDA that raged the economic scenario not long ago. The worrisome controversy, though was eventually given a quietus, was hotly debated; for knowing more, recommended to read, besides the other material in public domain, the article @

 http://www.taxguru.in/sebi/sebi-v-irda-%E2%80%93-unfolding-turf-war.html .

Nonetheless, in reality,the stock market, has, by its very nature, always been , and remained to be, vulnerable to, and many times widely impacted /impaired by so many other extraneous factors or considerations; that is, whether or not related directly or indirectly to ‘stock’.


Legal advice privilege for tax advice given by non-lawyers

LEGAL PROFESSIONAL PRIVILEGE: FUNDAMENTAL PRINCIPLES
       

http://www.asb.unsw.edu.au/schools/taxationandbusinesslaw/atta/attajournal/Documents/2_Kendall_JATTA_vol1_no3.pdf

PROSPECTS FOR A TAX ADVISORS’ PRIVILEGE IN AUSTRALIA

KEITH KENDALL

II http://taxguru.in/income-tax/itat-order-shantikumar-majithia-dcit-itat-mumbai-critique.html

<@ ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A CRITIQUE

 Shantikumar D Majitia’s case

 Yogesh Sunderlal Shah v ACIT 

http://securities-fraud-lawyer-blog.com/tag/securities-litigation/


<previous

ICL
Widely framed Investment Advisers Regulations released

Posted: 21 Jan 2013 10:08 AM PST

SEBI has released today the SEBI (Investment Advisers) Regulations, 2013, to come into effect from the ninetieth day of their publication. While a more detailed post will follow, here are some first impressions.

<>“SEBI has cast a very wide net, almost amounting to overkill.’

This, to say the least, at best, is an overstatement (an ‘under kill’); if one were to consider the numerous exceptions/exemptions listed out.

If one were to give an anxious consideration, there is prima facie no rhyme or reason in exempting “Insurance Agents/brokers” from the regulations. In a manner of speaking, the objective and aim of the measures have a direct correlation to the  specialised field of “Risk Management”. Should risk be likened to the core of all the attendant evils, then the cover there against i.e.  Insurance, can only be likened and be regarded as  the protective shell. In other words, both are so inter- related or connected that delinking one from the other, it appears, suffers from a faulty logic; hence the wisdom behind the referred exemption is rightly questionable.
By the way, perhaps, the only reason one can think of for exempting the agents and brokers in the field of insurance from the SEBI current Regulations is keeping in mind the debacle rather the 'ego war' between the two authorities - SEBI and IRDA that reged the economic scenario  not long ago. Even so,  from the point of view of the larger interests of the stakeholders, whether it be investing in insurance products, or stocks and shares, there could be no two views on the point that the need for regulating the respective advisers' activities in someway cannot be sidestepped or wished away.

More questionable is the other exemption of “Professionals CAs, CSs, ICWAs” in “providing investment advice incidental to their professional services”. The purport or import of the rider, couched in the words “incidental to their professional services”, is not readily understood. On the contrary, the exemption  is, if insightfully  perceived, not but  bereft of any merits. To be precise, for instance, in case of a CA, - that is, a mere CA without any special qualification or exposure or experience  in the field of ‘investment’ be taken to be so equipped as to be fit enough to offer and provide any sort of ’ investment advice’ as envisaged. In this context, one is perforce obliged to painfully remember the unsavoury role some of the professionals played and been responsible for the untold miseries of investors in house property - particularly in 'Apartments'. If interested in knowing more, one may look up among others the sordid stories galore narrated and available in public domain; for instance @ http://praja.in/en/blog/m... (for Specimen Post  see the KEY NOTE below.
 

In any event, as of now, as to what extent the said reservation,  assuming it to be  justified, be fully taken care of / guarded against by the specified requirement  that,- “ Each such Investment Adviser will need to have prescribed qualifications/training and also the minimum net worth.”- seems to have been left uncovered / wide open.

To be contd. >

<> Reminiscing (in a lighter vein):

A real life story, as narrated by an eminent tax lawyer (Nani A Palkhivala) in one of his annual budget speeches (used to be delivered almost as a ritual) reads, -

In several parts of Africa when the rains do not come, the tribal chief conducts a ritual dance watched by the anxious members of the tribe. The dance does not bring rains , but it consoles and satisfies the people  who feel that their chief is doing something to  alleviate their misery. Our feverish changes in the law are intended to serve the same purpose as the tribal chief’s rain dance.

Reflecting in a broader perspective or with deeper vision, the tribal ritual   ought not to  be brushed aside as a poor comparison or analogy, with  most of the laws or regulations being churned out, routinely and systematically, but having no regard to the wisdom or lack of it behind  the expectation of any welcome outcome or results of such efforts, even in the long run.  

KEY NOTE:
Q
RTI on Registration of Apartment Owner's Association.

Submitted by ajit n naik on 11 June 2011 - 1:24pm.

Dear Shri Murali and Shri. Sanjay
I understand that at present the registration work of Associations/Societies under Karnataka Societies Act, 1960 is transferred to Co-operative Department since 01-08-2008 as per Government Order No. G.O KE/152/MNM/2008. Earlier it was handled by Stamps & Registration Department.
I spoke to the Concerned department in Co-operative Department and made enquiries about Re-registering the Apartment Owners Associations which are already registered under the Karnataka Apartment Ownership Act, 1972 and the connected Karnataka Ownership Flats (Regulation-----------Transfer) Act, 1972 by registering the Deed of Declaration along with the Bye-laws of the Association. He emphatically told me that the Apartment Owner's Associations already registered under KAO Act, 1972 and KOF (Regulation-------------& Transfer) Act, 1972 are not being registered under Karnataka Societies Act, 1960.
But there are instances where Apartment Owner's Associations already registered under KAO Act, 1972 and the connected KOF Act,(---) 1972 were also registered under Karnataka Societies Act, 1960 though it is legally not correct. The KAO Act, 1972 and KOF(--------) Act, 1972 are special Acts enacted for the purpose of providing for ownership of an individual apartment in a building and make such apartment heritableand transferable property and to provide for various matters connected therewith ( like  maintenance, repair, replacement, improvement, painting & colouring of Buildings and  common areas and facilities ). There are few Advocates and Chartered Accountants who are misguiding Apartment Owner's Associations to again register their Associations under the Societies Act, 1960. Based on such advices few Associations are passing resolutions in AGMs for registering their Associations under Karnataka Societies Act, 1960 without comming out from the Karnataka Apartment Ownership Act, 1972. Some Associations also pass resolution to follow the rules of BOTH the Acts. An association can not be controlled under 2 acts for its routine managements. THERE IS TOTAL CONFUSION ON REGISTRATION ISSUE.
Is it possible to take a written guideline from the Head Office of the Co-operative Department (Societies Registration section) stating that the Apartment Owner's Associations already registered under Karnataka Apartment Ownership Act, 1972 need not/ should not/ can not be registered under Karnataka societies Act, 1960? Is it possible to file RTI to the concerned department in view of the confusion among the members of various Apartment Ownership Associations in Karnataka? What is the procedure to be followed to file such RTI application? Can PRAJA take this issue with the Head Office of the Cooperative Department?
Can PRAJA take up the issue of filing an RTI to know the Competent Authority under Karnataka Apartment Act, 1972?[ The same procedure followed by Mr. C.N.Kumar in the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale,Management and Transfer) Act, 1972]
Ajit N. Naik
UQ

SG- Case Law, a glaring instance of infructuous litigation>

To reject view taken in earlier assessment years, there must be material change in the fact, situation or in law

January 21, 2013 at 11:05 AM

Prima facie, any such deviation attempted by the assessing authority as in the instant case, if permitted, might lead to chaos and confusioin in making a proper asessment ; not just confined to the year of deviation but for years to follow as well. In saying so, one has in mind like cotroversies, THOUGH AVOIDABLE EVEN FROM A COMMONN SENSE POINT OF VIEW, repeatedly used to arise and taken to courts for adjudication on the aspect of any change in the ‘method of valuation’ of stock-in-trade.Albeit, in the ultimate analysis, entailing no loss to the revenue,- barring the socalled timing difference.
In this context, one is perforce reminded of the ageold doctrine, applicable to the judicial concept of “precedent” , -known as, “STARE DECISIS”, which courts, more often than not, consider prudent to go by/follow, unless absolutely warranted in a given case, with identical factual matrix, coming up for adjudication at a later point in time. For a detailed discussion thereof, the SC judgment in the case of Azadi Bachao Andolan may be read.

Citation of the SC case,- UoI v Azadi Bachao Andolan (2003) 263 ITR 706. It may be interesting to observe that, the doctrine of STARE DECISIS itself has come under a cloud because of a contra view in another SC case, - Distributors (Baroda) (P) Ltd. v UoI (1985) 155 ITR 120,122. That was dealt with in the article – 166 Taxman 72 (Mag).

E- Supreme Court - close on the heels of E-itat>

Dare To Dream Beyond Supreme Court. Get Ready For E-Supreme Court!!

(Click Here To Read More)

<> To 'dare' or 'dare to dream' , either or both is going to cost nil, additionally; instead can result in saving, why then any reluctance or need to deliberate against !!

By the way, going by an old lingering impression, - was not any litigant or his counsel , if so chooses, being permitted to put up his case / arguments in writing , for the court to consider and decide; that is , without physical appearance (open to be corrected )!

May be, in any case, that is another alternative, perhaps a btter one, which is worth deliberation by the law experts. That should, in a way, assist the court to apply its mind , and render justice, after an independent consideration of the issues at leasure; that is without being disturbed or any distraction unlike in a court hall hearing.

Does it pay to 'default' - No !-why so? Sorry, Yes !!!

Speed News » 

TOI 08 Jan 2013,19:45 IST

In case any defaulter escapes by locking his properties, the municipalities are now authorized to break the door and take possession of it and even attach bank account of the defaulters.

TOI 08 Jan 2013,19:44 IST

Under the provision the municipalities have been empowered to cut the power and water supply on account of non-payment of taxes and also to attach the properties of the defaulters.  

News» 

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• TOI

Highrises are the major tax evaders TOI 1 hr ago

BANGALORE: Tax evaders in the city are mainly the big fish, including IT companies, multi-speciality hospitals, malls, commercial complexes and educational institutions. A recent study by the BBMP threw up more facts — tax evasion is rampant on the outsk

Tax evasion of over Rs 2,600 crore detectedET 17 Jan 2013, 16:56 IST

...DELHI: Coming down heavily on tax defaulters, financial intelligence agencies have detected tax and duty evasion of over Rs 2,600 crore in the last quarter ended December. The Directorate General of Central Excise Intelligence (DGCEI) and Directorate General...
Inset>

BBMP looking for ways to garner revenue The Hindu 31 Dec 2012, 10:06 IST

...body now has Rs. 200 crore in its coffers, claimed in-charge Commissioner Siddaiah. Responding to the Opposition leader M.K. Gunashekar’s demand for a White Paper on the financially ailing BBMP, he said the loan from the Housing and Urban Development Corporation...

The Hindu (article)

Improvement charges

As a means to garner more revenue, the former Mayor S.K. Nataraj and Kacharakanahalli councillor Padmanabha Reddy suggested that the BBMP should collect improvement charges from citizens who want khata for their revenue sites. “There are nearly three lack revenue properties. If the BBMP starts collecting improvement charges, many citizens who are waiting for khata will benefit. The civic body can do so pending approval from the government,” Mr. Reddy said. Mr. Nataraj said though a gazette notification had been issued in this regard, it was not being implemented.

Mr. Siddaiah explained that the Karnataka Land Revenue Act first needed to be amended, before the BBMP could start collecting the charges.

Earlier, Yediyur councillor N.R. Ramesh alleged that there were several scams in the Forest Department. He alleged that there was a scam in procurement of saplings from nurseries in other States.

He charged that officials were creating bogus bills. As a solution, he suggested that the BBMP entrust the responsibility to the Horticulture Department.

Keywords: BBMP, HUDCO, Bangalore city development

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