tag:blogger.com,1999:blog-3202774368551476669.post232807666660309049..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Computation of damages and the incidence of taxUmakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3202774368551476669.post-22583984508726640712012-11-10T14:34:06.396+05:302012-11-10T14:34:06.396+05:30Off-the-cuff
The expression 'incidence of tax...<br />Off-the-cuff<br /><br />The expression 'incidence of tax' as discussed in several contexts in a series of material in the form of articles, etc. in public domain, it is observed, generally connotes a different thing. Instead, reference herein is noted to be to case law wherein the issue is centred on whether or not, in a given case, the element of tax (liable / payable or not) would require to be factored for quantifying and awarding a claim 'damages'. <br /><br />Be that as it should, prima facie, the propositions advanced, and considered, so also conclusions reached in the cited court cases do not seem to make for much legal sense; but on the contrary, cut at the very root of the related legal principles inunciated and evolved . One only hopes, in the interests of jurisprudence and canons of justice, Indian courts do not happen to be confronted with and called upon to adjudicate on such absurd issues, nay -more appropriately deserving to be named 'non-issues', taking unholy and misguided clues from such case law originating from foreign soil.<br /><br />In recent years there has been a vexing feeling in learned, as well as not so, quarters that the quality of justice has increasingly come to be adversely impacted and sadly jeopardised as a direct consequence of an alarming spurt in litigation (quantity); more so because of even non-issues, that is, involving, not even remotely, any point of law (in its profound sense as conventionally understood), being taken up recklessly, having no respect or regard to the fundamentals of entire legal and judicial systems. <br /><br />Bluntly stated : One has heard of, and is quite familiar with, the time tested saying that, - 'law is an ass'; and also not infrequently come across instances galore where views on any 'point of law' handed down by courts could not be rightly regarded to have contributed much to disprove or belittle that saying or bring about any desirably significant change or improvement.<br />vswaminoreply@blogger.com