Friday, July 25, 2014

Action vs Inaction; SELF REgulatory 9th Report ..

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TOI
Nov 17



Why  Not such things should BE CONCEIVED AND happen also elsewhere ? >

BANKING

REALTY

HOUSING SOCIETIES

WITH AN INDEPENDENT DISCIPLINING BODY  FOR OVERALL GOOD GOVERNANCE








AT

 







SELF-REGULATORY AUTHORITIES

arc.gov.in/9threport/ARC_9thReport_Ch5.pdf 

< “Lawyers are the only persons in whom ignorance of the law is not punished”. – Jeremy Bentham
5.2 Separating Professional Education from Self-Regulatory Authorities
One of its major recommendations is that professional education should be taken away from the domain of the existing Regulatory Bodies. The
NKC has observed that,...
The other regulators, say in the sphere of professional education, are often inconsistent in their adherence to principles.
....


www.indianexpress.com/news/ca-institute-may-be-split/568422/
18 Jan 2010 – The idea that the education part is kept apart from regulation, I think it is ... ICAI president Uttam Prakash Agarwal, however, said, “What is the purpose of two bodies? ... Commission had suggested separation of academic and regulatory ... Theregulatory function and acedemic function can be separated just ...
...>

Tata-Adani tariff dispute with discoms may go to court


Our Bureau

The court remains the only avenue for Tata Power and Adani Power to resolve their dispute wit... »
ICL



<Leggatt J in Yam Seng, which held that 'good faith' was a concept not limited to civilian legal systems and could be put to use in the interpretation of contracts in the common law world. Another decision of the High Court last month has now extended the dictum of Yam Seng to multi-tier dispute resolution clauses, marking another departure from previous jurisprudence.

The issue in Emirates was straightforward - the Court was asked to interpret and determine the enforceability of the following clause:....
The locus classicus on the enforceability of agreements to negotiate is the House of Lords decision in Walford v Miles [1992] 2 AC 128. In Walford, the House of Lords held that a lock-out agreement (whereby one of the parties agreed not to negotiate or consider proposals from third parties) was unenforceable.>


 PREV.

 Cross refer >

toi

 RTOs will be scrapped soon, says Gadkari

Better late now, than never; another commonly known breeding ground that has been long waiting to be scrapped, as no other worthy purpose served , in the auto-using (riding or driving) public interest  !
  1. Times of India ‎- by pradeep thakur ‎- 13 hours ago
    NEW DELHI: The Comptroller and Auditor General (CAG) wants the Narendra Modi government to give it Right to Information (RTI) powers as it ...

http://praja.in/en/blog/m..



Jul 29, 2014 at 06:01 pm
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From the time ancient ,Purana times ,there may be mistakes of one or two persons .mistakes would have been due to bad wisdom ,bad thoughts or bad fate and were not born with enough fortunate with good qualities not to commit mistakes and sins which made sinner and sinner and could not come out of sins . due to that others also victims .at those times itself some wise peoples would have taken proper steps for betterment that mistakes should not be repeated .Nice article.... Thanks for sharing...Keep up the good work..!!












 



Rajendra Pratap Gupta shared a new resource in "Transform India with Modi".

Subject: Real Estate Sector - Inputs on issues.



Through various discussions and upon requests from several of you, we are initiating a new and focused discussion on the Real Estate sector.

I request each one of you to share all the issues you have experienced/observed related to real estate sector in India. Be it black money, corruption, electoral funding, consumer grievances, lack of affordability for middle class, please list out everything.


< .... Be it black money, corruption, electoral funding, consumer grievances, lack of affordability for middle class, please list out everything....>

It requires to be made a conscious note of is this:

ALL THESE >

1. black money, 
2. corruption, 
3. electoral funding, 
4. consumer grievances, 
5. lack of affordability for middle class,...>

besides several others left to be listed, are not unrelated , but mutually inter-connected; in that, one is either the product or by-product , or functions or contributes as the catalyst or womb / 'gene' for another. 

May be, for proving  the so-believed sincerity behind the public pronouncements made by the newly elected government, with an impressive  'light and sound'  as not witnessed/heard  in the past, it owes it not merely to bring home happy and hassle free day-to-day  living, honorably and with full property rights, in the respective abodes,   for the 'middle class' so also the 'lower class' . With that as the goal, and to score as fast as feasible, - the first target of frontal attack must be 'corruption'. LIkewise, calling for the top most priority to be attended to post haste are the 'consumer grievances'. And, in the ultimate intelligent analysis, each one of these are bound to be duly and automatically taken care or made to fall in place, provided the laws, not to speak of certain deficiencies,  e.g. in case of building complexes, known as condominiums, - in which the property holders have chosen not voluntarily but by force of attendant circumstances,  to live as a 'community' on the faith of the special laws 'in force',   to be given or thrust upon the necessary momentum, and brought to be implemented and enforced with the governments having been vested with all the requisite powers.


Not Unrelated !











Open Welcome Move:
 Inviting Authors to write at Accommodation Times





SC



ICL
 Reverse Break Fees on Indian Transactions


".....More importantly, some attention may have to focus on the legal viability and enforceability of these arrangements under Indian law."

Points of Serious and Worrisome Poser:


Is not both types of 'fees', substantially and in material terms,  and more or less in 'substance'. akin to what is popularly known as 'under-cutting' and largely in vogue amongst 'homo-sapiens', engaged in commercial or professional or whatever other types of activities, (ab- ?)normally indulged in/carried on?


Does that not MEAN that there is no activity left unscathed by the largely prevalent characteristic of 'speculation', verging on 'fraud', thanks to the irresistible urge/age old ITCH to make gains, howsoever tainted that be, if were considered or tested by any standard, - in one word, - 'RIGHT'?


Over to thinkers, if any, minding to explore the underlying evil on the indicated lines, mindless of a desirable or apposite outcome !

The judicial view, in own perspective, as lately brought to surface in, -   HC prohibits Non advocates from appearing before VAT Authorities (link)
besides a long chain of such instances , not unrelated to 'undercutting', will, perhaps, serve the purpose of channeling individual thinking on the indicated lines as wished for. 

Cross Refer: Dic.,- for getting to know the 'concept' - "infectious mononucleosis" - wonder, is there any substitute if the wholly affected/afflicted is not an 'adoloscent' but a fully grown 'home-sapien' !!!!!!!


TG
 HC prohibits Non advocates from appearing before VAT Authorities


Without having to go necessarily into the merits or demerits of any view on contra view in such controversies, in own perspective, -volunteered for an insightful consideration with an altruistic frame of mind and incisive deliberation- is THIS: What at the end of the day is the likely or certain impact, or how or to what extent it is going to impact the ultimate interests of the ‘serviced’ (the clientele)who are accustomed to go to a lawyer or CA or any other professional, with the belief and expectation of a useful but upright guidance or advice so as to ende(u!)aringly serve his purpose; but at the same time, without tarnishing his image as a human obligated to live life in a society and as an inherent part of it to the end. No doubt, if not mistaken, the nation’s basic charter unequivocally guaranties as a fundamental right to practice any profession of individual choice or option. That is not to say, that it could be sans or dehors or in violation of the governing rules or norms being standards laid down by the legislature, in its wisdom, for the “common good” of all, as opposed to individuals. Further, as repeatedly underlined by Palkhivala,- a world renowned Expert of his own scholarly and erudite caliber par excellence, on the strength of his lifelong conviction, through writings and speeches, – what ought not to be over sighted is the crucial criterion that every constitutional right so laid down has attached to it, rather necessarily entails, what are known or expected to be known, as ‘responsibilities’(in its sublime and profound sense), to the benefit of the “society”, of anyone seeking to claim such a right.

Key Note: In one's longstanding conviction, founded on common sense, - should the narrated principle(s) be borne in mind and be taken as the uppermost influencing factor behind anyone's thinking, then most of the controversies would get sorted out on own, and in the normal course, with no need for any external clue or guidance.

To share a few random thoughts:
Without having to go necessarily into the merits or demerits of any view on contra view in such controversies,in own perspective, -volunteered for an insightful consideration with an altruistic frame of mind and incisive deliberation- is THIS: What at the end of the day is the likely or certain impact, or how or to what extent it is going to impact the ultimate interests of the ‘serviced’ (the clientele)who are accustomed to go to a lawyer or CA or any other professional, with the belief and expectation of a useful but upright guidance or advice so as to endearingly serve his purpose; but at the same time, without tarnishing his image as a human obligated to live life in a society and as an inherent part of it to the end. No doubt,if not mistaken, the nation’s basic charter unequivocally guaranties as a fundamental right to practice any profession of individual choice or option. That is not to say, that it could be sans or de hors or in violation of the governing rules or norms being standards laid down by the legislature, in its wisdom, for the “common good” of all, as opposed to individual’s. Further,as repeatedly underlined by Palkhivala,- a world renowned Expert of his own caliber,on the strength of his lifelong conviction, through writings and speeches, – what ought not to be over sighted is the crucial criterion that every constitutional right so laid down has attached to it, rather necessarily entails, what are known or expected to be known, as ‘responsibilities’(in its sublime and profound sense),to the benefit of the “society”, of anyone seeking to claim such a right.
- See more at: http://taxguru.in/goods-and-service-tax/hc-prohibits-advocates-appearing-vat-authorities.html#sthash.eIGdI4PG.dpuf



BS

Engaging with detractors, the best means to minimise brand damage
Some of the biggest companies in the world have suffered intense public criticism in recent years in part because they have not been open to talking to their critics Read More »

Being alive and react, if not pro act, to third party, voluntary feedback - is that not the same ?





BL

Getting the best out of consultants

 ??????

BL
Columnists' / Writers' 'own' Views

Master Web-link

http://www.thehindubusinessline.in/cgi-bin/bl2008.pl?mainclass=97

 Yearwise:


Year : 2010 | 2009 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002

citimat
Overcoming the Occupancy Certificate hurdle to your dream home
reaction >
No mistaking that the write-up is brimming/flooded with 'ideas', verging on 'ideals' (if not 'ideologies'); to say the least, mostly stale in the sense missed one very basic thing, called 'pragmatism'. The concluding line/ the 'catch 2' words ( -'political will'), in fact, bears on its sleeves that the writer herself has no reservation but impliedly concedes what really is the irresolute  'stumbling block'/ the most abhorring field reality !

Comm :
< Certainly deserves to be thanked for the pains sincerely taken and frankly sharing seemingly own experience with a promoter/seller. i have only one nagging doubt; that is, has the writer perchance ever happen to have had a close look at what is the form and substance of so called OC being issued,- if at all so issued and anyone is so exceptionally lucky as to be the recipient and in possession of one such doct., considered essential. A related Info. , - sharing the fact that BBMP has long since ceased to issue a 'clean' OC; but instead, issue a 'conditional ' one ; which, in a manner of speaking, has the effect of throwing back the (ball of) entire responsibility for 'compliance' to the promoter/builder , - may be found readily available in a comment posted quite sometime ago , on an article @citizen matters. To my recollection, comments have been similarly posted @praja.in. After locating and going through that post, if have anything to add, may do so, for the common benefit of, and to be helpful to, the others.

             < cross refer previous blogs

Here >
http://vswaminathan-swamilook.blogspot.in/2013/03/pr-toi-news-why.html

 AND

........



AT

Commonwealth Games Village flats soon to be auctioned

 
< In the presentation, DDA proposed that the auction could either be held by the urban development ministry or the authority. DDA had sold 74 apartments in the first public auction in 2012 and 96 flats were allotted to central government departments.
Subsequently, the UD ministry took over the authority to dispose of the flats. No more flats have been auctioned since, though DDA has chosen to designate 45 of these as the authority’s staff quarters and has given Delhi government 60 flats. >



TOI
 (< wn)


Bangalore

 

 How to make builders complete projects or compensate for ...

 

 - The Times of India - Indiatimes

 

How to deal with delayed property project - Business Today

A Re quotable Quote:

Quote

Unlike other financial institutions, anybody can start a realty firm. There should be some parameters.

ANAND NARAYANAN

National Director, Residential Agency, Knight Frank India

IMPROMPTU

Neither in the Constitutional  97th Amendment, nor in the long pending Special enactment for set up of a Regulatory Authority (just the baby step in every sense), if closely gone though, there is seemingly no real solution , clear -cut or positive, to rescue or provide any practical solution to the buyers' community continuing to suffer for too long, as the victims of the misdemeanors /misadventure perpetrated and being persistently perpetuated  by the promoters  / Sellers at large.

The point for a serious deliberation by the buyer (s) himself, - should he continue to feel so weak in the knees as ever before ! And is there not a better and wiser way to get relieved from victimization by the other party; that is, other than resorting to the conventionally followed  legal course; to be precise, going to court for any sort of resolution.

Timely waking up  and taking on the other party at the earliest possible occasion, with every simple but effective measure could be thought of, that too, as warranted by common sense, in co-ordination and co-operation among all the buyers as a body ? Should not  going by the age-old wisdom in the saying , - "a stitch in time should save nine' , resort to self-help, the best of all other open,  to have issues sorted out before it is too late, thereby avoid/obviate the need to going to court ? 

To be precise, - Suggestion is to devotedly consider "Face to face" joint and several action by the buyers , bearing in mind that, after all, in due course, they are obliged to, with no option left, join and live together as  a 'closed community' ?



Layouts in Delhi, Mumbai were a mess too


How the Arkavathy plot went awry
A Quixot ()
To face the truth 'face to face' :THAT IS NO "news"; why then fret and fume or be carried away with purposeless, self-effacing emotional outbursts . As a great visionary said to the effect "public affairs" entailing 'common good'' have always been messed up, and could only be expected to continue to be tirelessly messed up, for decades - thanks to the fundamentally self-centric attitude towards anything and everything in life, -not barring the rarest / hard to find, "rational behavior". Having given up / thrown to high-speed winds, once forever, those rare traits of righteous thinking, virtues / values of life, so on of the kind; only thing not so done but spared is - 'greed' , high-end at that. To say , for example, that a program, project such as a ' layout' has failed is a convoluted thinking by any yardstick. It is the people behind themselves, who have undertaken its responsibility (for laying out), who have miserably been failing / failed it), with no scruples.
Do Give some thoughts: Do not the foregoing ipso facto squarely hold good to any other conceivable  'action' or 'inaction' of 'we', the humans ?!

 

 

 

 

 






BL

Ashok Jha

Time to axe the Planning Commission?

Time to recharge The Plan Panel needs a makeover
No, but it does need to be reformed. It should work on medium- and long-term plans and focus on implementation
Should the Planning Commission be abolished? There are many in the Union infrastructure minis... »      1 comment

icl
Posted: 26 Jul 2014 04:37 PM PDT
Prof. N. Balasubramanian has a new research paper titled Strengthening Corporate Governance in India: A Review of Legislative and Regulatory Initiatives in 2013-2014 that is available on SSRN. The abstract is as follows:......




BS

 
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