. . Tax Titans – Honouring the stalwarts of the Tax World

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Harish Salve

Eminent Jurist Harish Salve has advised that success in the legal field is dependent not only on the knowledge of the law and skills of advocacy but active promotion in the public field is also necessary. He has pointed out that the kind of fees that counsel command has a direct Nexus with the stature that they have not just in the profession but also in society

The recent judgement of the Delhi Bench of the Tribunal in Harish Narinder Salve vs. ACIT sheds important light on how successful advocates develop their persona and stature in the public field.

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SE Dastur

S. E. Dastur, Sr. Advocate, has written a fascinating autobiographical article in which he has reflected on all the key events of his illustrious career spanning over 60 years, including the fact that the great Nani Palkhivala had “rejected” him as a junior. The initial disappointment turned out to be a blessing in disguise, Mr. Dastur says

AS IT WAS, IS AND MAY BE
(MUSINGS FROM THE PAST, ABOUT THE PRESENT
AND THE FUTURE AS FORESEEN)

SOHRAB ERACH DASTUR
Senior Advocate

As one’s professional career inches to what would be the age of a senior citizen one tends to look more to the past than the future. One suddenly finds that he/she can remember what happened in 1990 more clearly than what happened in 2016!

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Eminent Jurist Harish Salve, who won the affection of the Nation for his heroic efforts in saving Kulbushan Jadhav from death at the hands of Pakistan, is now facing death threats from his own countrymen

Karni Sena threatens Harish Salve for stay order in Padmaavat case

Harish Salve

“Karni Sena called my office to threaten. They dared my office to complain,” Harish Salve said.

If the eminent jurist was worried about the threats, he did not show it. Instead, he put on a brave face and carried on as if it was business as usual.

The provocation for the alleged threat by the Karni Sena is the fact that Harish Salve represented Sanjay Bhansali and the producers of ‘Padmaavat’ in the Supreme Court to challenge a ban on the movie by certain States.

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An eminent jurist who had made the shocking announcement that he is quitting court practice after alleged ‘humiliation’ by the Chief Justice has thankfully retracted his decision. The retraction is because he “owes a lot to the Supreme Court and the judicial system and has not repaid the debt”

I give up Court practice but will keep the senior counsel gown for memory

Rajeev Dhavan

Senior Advocate Rajeev Dhavan, an authority on constitutional law, had sent shockwaves throughout the legal fraternity when he addressed a letter to the Hon’ble Chief Justice Dipak Misra in which he stated that “After the humiliating end to the Delhi case, I have decided to give up court practice”.

The background to this was that the Hon’ble Chief Justice had allegedly “humiliated” the eminent Jurist by stating “You go on shouting. You are always like that. We will give our judgment”.

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An eminent senior advocate has quit legal practice after he was reprimanded by the Supreme Court for allegedly raising his voice whilst arguing and felt “humiliated”

Eminent Jurist Rajeev Dhavan is no stranger to controversy.

He is known for his temperamental outbursts and for getting into verbal duels with the Bench.

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Ram Jethmalani Fees

Ram Jethmalani, the nonagenarian Jurist, has so far been a role model for junior advocates owing to his qualities of hard work and never-say-die spirit. However, his recent conduct whilst defending Arvind Kejriwal has baffled his numerous fans and followers because it appears to be in serious breach of ethics and the code of conduct

Practice of law, a noble profession

“There are three ideas involved in a profession: organisation, learning, and a spirit of public service. These are essential. The remaining idea, that of gaining a livelihood, is incidental.” – Roscoe Pound

The immortal quote by Roscoe Pound, the eminent legal scholar, that law is a ‘noble profession of service to mankind’ and that earning a livelihood is “incidental” has inspired several generations of advocates over the years.

One expects eminent senior advocates to set an example of this virtue by conducting themselves in an appropriate manner so that junior lawyers can emulate them and walk in their illustrious footsteps.

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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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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 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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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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