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Advocate Sanat Mehta, The Saint Among Professionals (Rare Vintage Photos)

VH Patil Sanat Mehta

Eminent Tax Lawyer V. H. Patil has paid rich tribute to the late Sanat P. Mehta. His professional efficiency, integrity, sense of fair play, professional co-operation and brotherhood coupled with his personal qualities of hard work, humility, honesty and punctuality have made him a revered figure and role model for all professionals, Vijay Patil says

Trimurthis” of the legal profession

If today, in the tax professional field in Mumbai if there is more professional efficiency, integrity, more fair play, more professional co-operation and professional brotherhood, as against other professional fields, the entire credit must go to the three great stalwarts of our tax profession, Shri R. J. Kolah, Shri N. A. Palkhivala and Shri S. P. Mehta. Any one of these outstanding and ideal professional leaders was sufficient to put the tax profession on the right track. However, we were very fortunate to have amongst us all these three at one and the same time. They laid down a sound professional tradition to the future generation. During their illustrious career they lived as per the fine traditions set by them. They were so great and outstanding professionals that during their life time they became ideals for us to follow.

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Nani Palkhivala’s Life Was A Journey For Spiritual Quest: Dinesh Vyas

NA Palhivala

Eminent Jurist Dinesh Vyas had the good fortune of working with Nani Palhivala for several decades. He explains that there was in Nani Palkhivala something unfathomable, something unexplainable, something extraordinarily radiant, with an element of divinity. This quality, coupled with the ability to do extreme hard work, single-pointed determination to succeed and acute concentration made him a legendary lawyer

I had a great fortune and a proud privilege of being associated with Mr. Nani Palkhivala and his younger brother Mr. Behram Palkhivala as a Junior in the legal profession for a long period exceeding over three decades. This gave me an opportunity to watch Mr. Nani Palkhivala very closely from vintage positions. I have no doubt in my mind that more than a practitioner of man-made laws, Mr. Palkhivala was a greater practitioner of god-made laws. If his life is to be summed up in one sentence, the most appropriate statement is that “his life was a journey for spiritual quest.

The ultimate realisation of the Supreme Divine requires as a condition precedent, an experimentation in the material and mundane life, a churning process, from which alone the nectar can come out. The material and mundane world is the reception area passing through which alone can one enter the spiritual world – the sanctum sanctorum. Mr. Palkhivala’s life was broadly divided in two phases the mundane phase and the spiritual phase.

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Harish Salve Wins Accolades For Spirited Defense Of Kulbhushan Jadhav

Harish Salve Fees

Harish Salve, the Chartered Accountant cum Advocate, has brought pride to both professions. He has shown his competence by expertly arguing before the ICJ against the death sentence awarded to Kulbhushan Jadhav and proved his nobility by not charging any fees for that service

Harish Salve launches spirited defense

Harish Salve has been an inspiring figure for all professionals. However, few have had the opportunity to see how he performs in Court.

Fortunately, young professionals wanting to know how legendary lawyers argue matters in Court can listen to the arguments of Harish Salve before the International Court of Justice (ICJ) and imbibe the qualities there from.

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Bombay High Court Slams Advocates For Citing Wrong Judgements & Misleading It

The Bombay High Court has come down heavily on the tendency of lawyers of citing judgements without bothering to check whether those are still good law. The Court has warned that this unhealthy tendency shakes the confidence that the Court has in the lawyers

The judgement dated 9th December 2016 of Hon’ble Justice Gautam S. Patel in Heena Nikhil Dharia vs. Kokilaben Kirtikumar Nayak makes for sad reading. The learned judge has cited several instances where the learned counsel appearing for one of the parties cited judgements as being binding authority even though the said judgements had been overruled.

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Posted in Legends of Law

Lawyers Should Learn How To Argue Matters From Chidambaram: CJI Thakur

Eminent Jurist and former Finance Minister, P. Chidambaram, came in for rich praise from Hon’ble Chief Justice of India T. S. Thakur.

Look at Mr Chidambaram. Has he stood up and tried to argue by raising his voice? No. Do you think he knows less than those lawyers who are always shouting?” the learned Chief Justice exclaimed in exasperation while hearing a batch of petitions challenging the demonetisation of currency.

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Posted in Legends of Law

Top Eminent Lawyers Charge Fees Of Rs. 1 Lakh (Per Hour)

Eminent lawyers are now charging fees of upto Rs. 1 lakh per hour according to a report in Bloomberg

Lawyers-fees

A few months ago, we saw a report on the fees charged by eminent lawyers like Fali Nariman, Ram Jethmalani, Harish Salve, Soli Sorabjee, Mukul Rohatgi etc for the stellar work done by them in delivering justice to their clients.

Interestingly, the fees that these stalwarts charge (a couple of lakhs per hearing) is a pittance compared to the fees that their counterparts in London are able to command.

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Posted in Legends of Law

Tributes By Eminent Legal Luminaries To Tax Titan Chief Justice

Chief Justice S. H. Kapadia

Eminent legal luminaries like Shri. S. E. Dastur, Shri. N. M. Ranka, Dr. K. Shivaram and others from across the Country have paid their tributes to late Shri. S. H. Kapadia, the former Chief Justice of India, for his stellar contribution to the development of law and justice

(1) Shri. Sohrab Erach Dastur, Sr. Advocate

1. Justice Kapadia was the first Chief Justice born in free and independent India (29th September, 1947). This corresponds to his approach in all judicial matters – free and independent in his thinking and in the pronouncement of judgments – not afraid to dissent where necessary. He was enrolled as an advocate of the High Court at Bombay at the age of 27 years, comparatively an old age for such enrolment, but this was because he had to support himself and his family by engaging himself in an employment prior to qualifying as an advocate. Even to educate himself and to go to college, he had to provide his own finance. He did not have a godfather in the profession. Mr. R. A. Gagrat, a fearless solicitor, who used to take on the most difficult cases – which others shied away from – appreciated lawyer Kapadia’s dedication to the profession and took interest in his progress. He later devilled in the Chambers of Mr. Feroze Damania, a leader in the field of labour law. Under his tutelage he developed as a very persuasive lawyer. As an advocate, he handled a variety of different types of litigations and was also a Counsel on the panel of tax lawyers of the Central Government in the High Court. He was meticulous in preparation of cases and was fair in presenting them.

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Posted in Legends of Law

Demise Of Tax Titan Chief Justice, Avid Reader Of The AIFTP Journal, Leaves A Void

Chief Justice S. H. Kapadia

While there were several facets to the personality of late Shri. S. H. Kapadia, the former Chief Justice of India, one unknown facet is his fascination for the AIFTP Journal and his affection towards the ITAT Bar Association. The late Jurist was also vocal in his insistence that members of the legal fraternity should put “Duty to the Country” above everything else

Much has been written about the personality of the late Shri. S. H. Kapadia. One inspiring aspect which captured the imagination of the members of the legal fraternity is how the late jurist powered his way from the position of a lowly clerk to the highest judicial office (see Chief Justice Kapadia: Inspiring Story Of Journey From Clerk To Chief Justice). Though there were several obstacles on the way, the late judge overpowered all of them to reach the pinnacle of success through sheer dint of hard work and perseverance.

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Posted in Legends of Law

Why Was Nani Palkhivala So Highly Revered As A Genius? See For Yourself From His Lectures On The Union Budget

N. A. Palkhivala

Nani Palkhivala, the late eminent Jurist, used to mesmerize the audience with his eloquence. His annual lectures on the Union Budget used to be attended by thousands of people from all walks of society. The crowds were so large that the lectures were held at the Brabourne Stadium in Mumbai. For the benefit of everyone, and especially the younger generation who would have never had an opportunity of watching Nani Palhivala in person, the Forum of Free Enterprise has made some of his lectures available on youtube. The lectures are a must-watch for all professionals to understand the depth of Nani Palkhivala’s thinking and also the simplicity and clarity with which he made his points understandable to the audience.

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Posted in Legends of Law

Can Harish Salve Bail Out Nokia In The Rs. 6000 Crore Tax Evasion Case?

harish_salve

Nokia India has got itself into a terrible mess over alleged failure to deduct TDS on royalty payments to its parent company. What would have ended with a mere 10% tax rate has now morphed into a horrendous tax liability. Nokia is now desperate to sell its assets but the Income-tax department has a strangle-hold over it and is calling all the shots. It will take all of Harish Salve’s wizardry to pull Nokia out from the deep hole it is in. Can he do it?

It scarcely lies in the mouth of the taxpayer who plays with fire to complain of burnt fingers” Lord Greene M.R., in Lord Howard De Waldan v. IRC [1942] 1 KB 389

Anybody dealing with multinational conglomerates will tell you that their biggest problem is one of overconfidence and lack of accountability, especially when dealing with poverty-stricken third World countries. Deals worth billions of dollars are put through by some expatriate executive, high on adrenalin, sitting in an exotic location like New York, London or wherever, without a second’s thought for the legal and tax implications in the dusty by-lanes of the Third World Country where the deal is to be implemented.

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