So what is up with the legal world?
So here is what is making news in the legal world and are the most important and hotly debated things.
The issue whether foreign law firms should be allowed to set shop in India. In the recent writ petition before the Madras High Court in the Balaji case it was held that foreign law firms cannot ‘practise the profession of law’ in India although LPOs (Legal Process Outsourcing) are allowed to render services since they do not practise Indian law. However, foreign lawyers can fly in and fly out of Indian after rendering legal services on matters of law pertaining to their jurisdiction.
Vodafone tax judgement and Budget 2012.
While the Hon’ble Supreme Court held that Vodafone is not liable to pay tax in India out of the transaction arising in the matter of their acquiring Hutchison- Essar’s share the Finance Bill seeks to give retrospective effect to tax such transactions in the teeth of judicial pronouncement in the opposite way.
A big question is the constitutionality of such a retrospective amendment going all the way back to 1962.
Service tax for lawyers.
While Pranab Mukherjee had already brought lawyers under the tax ambit of service tax writ petitions were filed by lawyers protesting against the move since doctors and CAs were out of the scope of such tax liability.
Not only does it seem that lawyers have accepted the fact as a Fait accompli but this year the service tax was raised from 10 to 12%.
The government seems to be weary of tackling the issue of decriminalising s. 377 that deals with ‘unnatural offences’ such as homosexual acts under IPC.
Thought it first opposed the Delhi High Court judgement in the Supreme Court it seems to have had a relook at its stand and blamed the earlier stand on miscommunication.
We are planning on a new section in The Window of CLATGyan.com that will be called ‘INTERVIEW OF THE WEEK’. It would deal with various facets of law school life which presumably most are unaware of.
Shall be back with more.