Monday, October 27, 2014

For THE DAY


UPdate
Nov 17
BL

Recent Article in Talk

THE INVESTIGATOR

We dig for the truth. So you don't have to. »

Click here to read stories from The Investigator [PDF].


Nov 13
TOI



timesofindia.indiatimes.com › CityBengaluru
 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









http://timesofindia.indiatimes.com/City/Bangalore/Apartment-dwellers-trash-BBMP-move/articleshow/44976217.cms




Controlling your desires

What are the costs of all that self-control? Experts  suggest that self-control acts like a muscle; it's a limited resource that can get tired from too much exertion. They argue that after people exert self-control, they enter a state called "ego depletion" in which the will is weakened. This has wide-ranging consequences: Depleted people are more likely to overeat,display more aggression, cheat on their partners, spend more money impulsively,make irrational and uncompromising decisions, and generally respond in a myriad of unhealthy ways.


BL

Combining tech and human interface for customer delight

TOI


·         Idle India

by Jug 
< .... 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 !!


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 >


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.



PREV.

ICL

 Unenforceable Agreements and Credit Rating Agencies

BL

Today's Poll | Business Line

Do financial experts make smart investments?




PREV.

Higher tax refunds put pressure on fiscal deficit

Our Bureau

Finance Minister Arun Jaitley said that higher tax refunds are putting pressure on the fiscal deficit. In the first six months of the current financial year, the Central Government’s fiscal def... »

prev.

I-T Dept should not lose sight of domestic black money: Jaitley

Jaitley

Our Bureau

A day after the Government shared the names of over 600 foreign bank account holders with the Su... »      1 comment

Editorial

Time for the Big Bang

Good fortune it may be in large measure, but ever since the Modi government took over, India’s ma... »
< Diwali is long over; but we’re waiting for the Big Bang.


From the Viewsroom

Modi walks into a vacuum


A Srinivas

As of now, it seems there’s no stopping the Narendra Modi juggernaut. But it is also due to a wea... »      1 comment

To INterpolate>



Guidance value set to rise in Bengaluru, citizens rush to register


Opinion Poll (Exclusively for ‘thinking’ (?!)People)
Do or don’t you consider NOT UNRELATED >
This,-

this, -
Tail Piece:


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 > ?!
Jonas Salk's 100th Birthday