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Nov 17
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Recent Article in Talk
Click here to read stories from The Investigator [PDF].
Nov 13
TOI
TNN | Nov 13, 2014, ...
A Quixot •
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 becomes 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, in 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.
BL
Will India ever change? | Business Line
Why not ?One believes that the title- poser itself has a self-evident answer; the key for India to change, to begin with for better (in its profound and altruistic sense), is with every citizen(constituting its ‘people’, essentially the self-proclaiming partners in nation building,- ‘professionals’) has to first change his own mindset and keep tuned to that ever evasive/eluding ideal,- righteousness.
The new PM may be
regarded to have taken a step, a seemingly positive one and in the seemingly
right direction; the start having been made with the ’bureaucracy’.
As a singularly wise
man , true to his unbending righteous conscience, is remembered to have
effectively said, to apply for all times, there are only two classes of
bureaucrats (civil servants), -the one, to call so, would be an affront to such
perceptive, thinking individuals. The other class is, to call so would be an
affront to the English language who believe they are the “steel frame of the
government”, as they were called in British days. To be precise, in choosing to
remain, as ever, as rigid, unthinking and unbending as steel, the persistent mooting and going ahead with such
impulsive, but wrongly believed-to-be
innovative ideas, can seriously damage the health of the national (in turn, the
state ) economy, or vice versa - which is, as is commonly feared, on the brink
of an inevitable collapse. India can still hope to change should the line of
action is similarly pursued in a wholesome manner , relentlessly; and with the ‘opposition’
giving its sincere support to work for the societal welfare.
< < <
Will India Ever Change? by G Swaminathan - Boloji.com
<<
The write-up sharply reminds of what one read on ' THE SYMPTOMS OF KALI-YUGA', - a list of
predictions and prophecies about the dark times faced with, - said written 5000
years ago by sage, Vedavyasa; and commended to be ‘amazing’ because those
appear to be too accurate not to be readily believed , much less digested. The
listed symptoms are, as revealed, to be found in the last canto of the BHAGAVATA
PURANA, - SB 12.2.1 ETC., cryptically describing the present age as an “ocean
of faults”. But , that the only saving
grace is the singular good quality of chanting the name of THE LORD having the
inherent potential to elevate and promote a willing individual to that far off
/invisible "transcendental kingdom " .
If You Think India Can Never Change, You Should Probably ...
We, The People -- Will India Change? - Youth Ki Awaaz
Nov 7
itatonline
The GReat 'Nani' - Memories Down The Lawyers' Lane
Nani Palkhivala: The Courtroom Genius By Soli J. Sorabjee ...
Tax Titans » Nani Palkhivala's Top 10 Secrets Of Success
More
images for courtroom genius pdf
<
http://www.amazon.in/Nani-A-Palkhivala-A-Life/dp/819041691X?tag=googinremarketing2-21
<
http://www.amazon.in/Nani-A-Palkhivala-A-Life/dp/819041691X?tag=googinremarketing2-21
http://timesofindia.indiatimes.com/City/Bangalore/Apartment-dwellers-trash-BBMP-move/articleshow/44976217.cms
BL
Combining tech and human interface for customer delight
TOI
by Jug
< .... In idle India, IST doesn’t mean Indian Standard Time; it means Indian Staring Time. >
< .... In idle India, IST doesn’t mean Indian Standard Time; it means Indian Staring Time. >
"....digging their noses and generally doing
time-pass" -
What could all the more be detestable is the abhorrent habit of - not only dig or poke but often ‘park' the nose; and not simply as a time pass but as a serious own identified business or avocation! Never remediable by any known methods of medication, apart from through ‘education’ or training !!
What could all the more be detestable is the abhorrent habit of - not only dig or poke but often ‘park' the nose; and not simply as a time pass but as a serious own identified business or avocation! Never remediable by any known methods of medication, apart from through ‘education’ or training !!
BL
Top-up
DLF is planning to launch REITs by next year
Prev.
Taking on the goliaths ....
Impact: While the final order has not been passed, it has
increased the awareness of flat buyers about the unfair practices being
followed by many real estate companies. In fact, following the CCI order
against DLF, several other complaints have been filed — against other DLF
projects and also other builders — with similar observations being made by the
CCI in some of these cases.
As regards the flats buyers of the Belaire project, while the sale deeds are yet to be
executed given the ongoing litigation, they have got possession of the flats.
Moreover, the Belaire
Owners’ Association is all set to file a hefty compensation claim against
DLF, as provided for in the Competition Act, says Sanjay Bhasin,
President, Belaire Owners’ Association.
....Some large companies take undue advantage of their dominant position. You can now deal wit...
Key note: No really serious attempt made by anyone empowered, - principally , the State government (s) / Registry, to implement or enforce the spl. law replete with mandates requiring strict compliance in order to render its objective (s) a reality / success. Instead, what has been consistently mooted for is a total surrender / compromise all the way.
For instance, due completion and conveyance only after having procured the ubiquitous CC / OC has been a dead letter right from the day of enactment; so much so, in the garb of providing relief / bringing succor, to the aggrieved / gravely impacted, the en- chaired powers (ignorance personified) has gone on adding to the woes, also financial burden to the hapless lot. Consider, - 15% Service tax, Deemed Conveyance, so on.
Disputes taken to courts (including to the apex court) in the hope of resolution once for all have invariably, instead of bringing about any improvement worth a mention, have only been meted out with adverse consequences of the worst type. Look up- the judgments delivered in re. Podar Cement Ltd., Nahalchand, so on. Even the SC verdict in re. has failed to prove / serve the expectation of it as an eye (mind ?) -opener / a 'cropper'.
<
BL
Union Budget 2014 Live | Business Line
Service tax is payable on flats allotted to the landowner ...
NOTE: SC in re. Podar, in particular some of the observations which, in essence, albeit unwittingly, go to belittle (if not decry) the legal implication of 'ownership' (in its absolute legal sense), as is readily imaginable, entails deleterious consequences. In a manner of logical viewing, in short,those have the potential, though not intended, to defuse or demoralize or demean (rather can be said to DE-legalise / DE-legitimize) the well recognized, long established and firmly settled 'sanctity' attached to the concept of 'lawful ownership', as opposed to the ill-founded concept of 'deemed ownership' (as sought to have been misconstrued).
Cross refer >
Form, Substance, Ownership & Equitable Construction of ...
www.taxsutra.com/experts/column?sid=271
Form, Substance, Ownership & Equitable Construction of Tax Laws - Part 1· LAW vs Case Law On 'Flats' - TaxGuru
· LAW and ('vs'?) CASE LAW On “FLATS” – A ... - TaxGuru
itatonline.org » Hill Properties Ltd vs. Union Bank (Supreme ...
itatonline.org » Shantikumar D Majithia vs. DCIT (ITAT ...
itatonline.org » CIT vs. Devdas Naik (Bombay High Court ...
· [2009]178TAXMAN0341(BOM).htm - Taxmann.com
www.taxmann.com/datafolder/Flash/flashjud30-3-09_7.htm
Feb 11, 2009 - Podar Cement (P.) Ltd. [1997] 226 ITR
625/92 Taxman 541 (SC) - Held, yes ... from the law declared by the Supreme
Court in the case of CIT v.
http://vswaminathan-swamilook.blogspot.in/2014/10/sc-writ-ntt-act-2005-ultra-vires.html
Q
The Full Bench has struck down the entire Act as being
unconstitutional on the ground that though “tribunalization” has been allowed subject to safeguards, the NTT Act “crosses the boundary” and “encroaches the exclusive domain” of the High
Courts.
The Members of the NTT
would most definitely be confronted with the legal issues emerging out of
Family Law, Hindu Law, Mohammedan Law, Company Law, Law of Partnership, Law
related to Territoriality, Law related to Trusts and Societies, Contract Law,
Law relating to Transfer of Property, Law relating to Intellectual Property,
Interpretation of Statutes, and other Miscellaneous Provisions of Law,
from time to time. The NTT besides the aforesaid statutes, will not only have
to interpret the provisions of the three statutes, out of which appeals will be
heard by it, but will also have to examine a
challenge to the vires of statutory amendments made in the said
provisions, from time to time. They will also have to determine in some cases,
whether the provisions relied upon had a prospective or retrospective
applicability. Keeping in mind the fact, that in terms of s. 15 of the NTT Act,
the NTT would hear appeals from the Income Tax Appellate Tribunal and the
CESTAT only on “substantial
questions of law”, it is difficult for us to appreciate the propriety of
representation, on behalf of a party to an appeal, through either Chartered
Accountants or Company Secretaries, before the NTT....... We simultaneously hold s. 13(1), insofar as it allows
Chartered Accountants to represent a party to an appeal before the NTT, as
unconstitutional and unsustainable in law.
UQ
The judicial message conveyed as above, one should honestly
think, underscores why it is imperative that no issue on a ‘point of law’, -especially
if it is of such a nature as is governed by, hence requiring to be examined having
regard to more than one enactment, - can
be expected to be understood in proper light, much less be effectively and
dutifully represented, by anyone, even
if he be a lawyer (i.e. not just a ‘CA’, without being equipped with the requisite
expertise and experience in a comprehensive
and wholesome manner.
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Opinion Poll (Exclusively for ‘thinking’ (?!)People)
Do or don’t you consider NOT
UNRELATED >
This,-
this, -
a quixot (bharat mahan)
If were to react
BLUNTLY: As a singularly wise man , true to his unbending righteous conscience,
is remembered to have effectively said, to apply for all times, there are only
two classes of bureaucrats (civil servants), -the one, to call so, would be an
affront to such perceptive, thinking individuals. The other class is, to call
so would be an affront to the English language who believe they are the รข€œsteel
frame of the government€, as they were called in British days. To be precise,
in choosing to remain, as ever, as rigid, unthinking and unbending as steel,
the persistent mooting and going ahead with such impulsive, but wrongly
believed-to-be innovative ideas, can seriously damage the health of the
national (in turn, the state ) economy, or vice versa - which is, as is
commonly feared, on the brink of an inevitable collapse.
If were to react BLUNTLY:
As a singularly wise man , true to his unbending
righteous conscience, is remembered to have effectively said, to apply for all
times, there are only two classes of bureaucrats (civil servants), -the one, to
call so, would be an affront to such perceptive, thinking individuals. The
other class is, to call so would be an affront to the English language who believe
they are the “steel frame of the government”, as they were called in British
days. To be precise, in choosing to remain, as ever, as rigid, unthinking and
unbending as steel, the persistent mooting
and going ahead with such impulsive, but wrongly believed-to-be innovative ideas, can seriously
damage the health of the national (in turn, the state ) economy, or vice versa -
which is, as is commonly feared, on the brink of an inevitable collapse.
Side Slide > ?!
