itatonline.org » 2008 » January

The views expressed herein are personal to the writer and do not necessarily represent the views of the Bar Association.

Archive for January, 2008

“adjournment culture”

Saturday, January 19th, 2008

There is a popular commercial by a furniture maker running on television which uses a courtroom as the setting to demonstrate the long-lasting abilities of its plywood. Two young lawyers are arguing a matter about a buffalo which apparently caused damages to the Plaintiff, prompting him to seek damages from the owner of the buffalo. The Respondent’s demand is that the buffalo, being the alleged culprit, must be produced in court as a witness, leading to an uproar in the court and prompting the judge to adjourn the matter. Months turn to years and decades go by and the lawyers and the judge, now sprightly octogenarians, are still at the same stage at which they were at the beginning of the case. The plywood table stands mute spectator to the going-ons in the court room with the voice-over saying tongue-in-cheek “Chalta Rahe, Chalta Rahe” (It goes on and on).

 

Real-life court room business is, however, unfortunately, not as humourous as in the commercial and the gross delay in the disposal of matters is not a matter to be taken lightly. Matters reached a head a few days ago in the High Court when repeated adjournments sought by the lawyers prompted a sharp rebuke from the Hon’ble Chief Justice.

 

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Advertise your professional skills!

Saturday, January 19th, 2008

Indian businessmen have made a remarkable achievements in the global business scenario, however, Indian professionals are yet to make the presence felt in the global scenario. Bar Council of India does not permit to have a partnership with chartered accountants profession or company secretaries. In the era of globalization apart from knowing the law, issues relating to Accountancy and Companies Act are very much essential for the mergers and acquisition. Therefore it is the time to think, why not permit all three professionals to come together and render the services under one umbrella. For appearing before the Court it can be stated that only lawyer partner can represent similarly, for audit certificate can be given by Chartered Accountant, and procedure relating to Companies Act may be handled by the Company Secretary. If all three professionals are allowed to have partnership it will help to render better services and Indian professionals can meet the challenges of global competition. A thought for debate and consideration!

 

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We are still waiting with bated breath for the new Income-tax Code which was supposed to be released by December 2007. The Finance Minister P Chidambaram has said that the Code is an exercise of the future and is not aimed at amending the existing Income Tax Act 1961. “This report is about a brand new Income Tax Act, which if all goes well, will come into force from Apr 1, 2008, that is assessments made for 2009-10,” he said. He added that the new Act would hopefully come into force from April 2008 subject to Parliament approving it “well in time”.

 

This time-table may have to be delayed because it was announced today that a “white paper” would first be released and the Code would be introduced in Parliament only after all the loose ends were ironed out.

 

Meanwhile, the AIFTP has released its’ six-point wish list for the new Income-tax Code which balances healthy pragmatism with a dash of idealism.

 

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