Yes, Moily. It's always easier to get someone else to decide issues that you don't have the determination to, right? Why is it that you don't understand no court in India can ever decide on whether foreign firms should be permitted? - that is a decision for YOU to take! Please care to speak to a lawyer before you come up with statements like these. God save the country!

Since the last visit of the minister to London, the markets have been alive with the news/allegation that a 'big' name is behind the Madras High Court petition. Some are shocked (they were probably hoping to make that big name their 'Indian best friend').

Anywyas, Indian legal sysytem has a long way to earn some respect from other systems in the world. Simple cases take 15 years. Firms being sued for malpractice is unheard of. Training and market standard setting will probably take another 15 years to mature. Going by the Moily logic the markets should open when the Indian players reach a stage when they can compete.

The usual Nehruvian - Congress speciality of not taking decisions and keeping the matters hanging (excpet in case of Afzal Guru!!) until the intended beneficiaries die waiting and a new generation forgets all about it and instead fights for alternate disputes created by these people. Indeed they are fast to set up committes that take 15 years to come to a conclusion (and ensure an easy retired life for the chairman at our expense!). I am sure Mr. Moily is desperately looking for ways to do a OCngress special and not take any decision, or even let epole know what the 'stakeholders' want and until when should the country wait while the fat cats multiply their wealth..

if lthe SC tells the govt to get its a** moving as resolve the issue (as the bom hc had said) then moily will run out of his sub judice excuse and will have to take a decision. however my guess is that moily will hope that the SC will go on hearing the issue till 2013. by then moily could chuck the law ministry and become CM of karnataka. knowign sonia's pathetic record she will appoint a more inefficient minsiter. how sad that an italian lady who is not even a college graduate (check wikipedia) is running this country

#2 that is hardly big news...for the past 6 months we all know who is behind the madras hc petition. i have spoken to a top CEO and a law firm partner who have confirmed their identity. maybe we can plant an idea in their head not to oppose law firms...like the movie inception

Hi folks,

I, son-of-the-soil (OK,slightly soiled), ask all my learned friends on this forum: what is practice of Indian, i.e., desi law?

If I am going to set up a factory in Patalganga in the state of Maharashtra, to give employment to the toiling masses, and I have a few lawyers sitting in Europe giving me advice (through email) on which Indian laws I have to comply with - will this amount to practise of "Indian law" (and therefore a direct violation of applicable Indian law)?

Or, to take another example, if the Mumbai or Delhi metro projects or the Delhi and Mumbai airports have appointed suppliers for various services, and some of these suppliers have been advised, and their contracts (for supplying the services in these two cities) have been vetted and reviewed, again by lawyers sitting in Europe, or by lawyers in India - but working for European companies or "consultancies", through the guise of LPOs. Will it not amount to practise of "Indian law"?

Dear friends, please enlighten my ignorant self....and the learned justices of the court (and also the hon'ble minister).

Sincerely,

Your humble self (no big or small name behind me).

Only me, the aam aadmni.

#5 I hope you are not an Indian lawyer? or are you? Your arguments will surely find takers in a Khap Panchayat... otherwise they dont make much sense to me. What do you mean by 'enlighten my ignorant self'? Last I heard Gautam Buddha got enlightenment while meditating. Maybe you can look for an approrpoiate banyan tree within the Madras High Court premises and meditate along with Balaji... he will let you know how even looking at a document with the word "India" written on it makes it a practice of Indian law...

BTW: First get enlightened on how international firms advise on local law issues accross the world, or how contracts for major projects are negotiated for an MNC all over the world. Their local regulations and insurance policies anywyas ensure that they do not breach any local regulation. These two things are probably less effective in India.

LI we need special articles on foreign law firms in light of these important new developments...and pls give attention to the pro-liberalisation voices. your coverage has been ridiculously biased so far in favour of the anti-reform lobby.

Medieval, not only are you thick as a brick, you really need some modernising – yes, with Stalinist methods if need be for some sense to sink into your bheja.

If Infosys opens a facility in California, can lawyers sitting in Infosys’ in-house legal department in Bengaluru give advice to Infosys’ facility in the US on what US Federal and Califonia laws it will have to comply with…? That could be permitted under US laws, but I don’t think that is the position here.

If Barclays bank in-house lawyers in London drafts, vets or advises on a catering contract between Barclays bank and a canteen supplier for one of their bank branches in Mumbai, India – will it, or will it not, amount to practise of Indian law (various Indian labour laws, Food Safety and Standards Act, etc will obviously apply and the service will obviously be rendered in India).

Will it make any difference, if, in the unlikely event, the local caterer in Mumbai agrees to make the catering contract with the local Barclays branch be governed by the laws of Paraguay?

Can General Motors legal department in America, advise the GM subsidiary in India, what Indian laws its car factory in Gujarat will have to comply with. And then even negotiate (over the phone and email) with prospective Indian vendors, contracts for supplying parts, etc to that car plant?

This work could of course go to a local firm in India, and not necessarily to the big boy alleged monopolists.

If this is not practise of Indian law, please tell me what is…..

[Practise of Indian law: the miserable vakil saab on his ramshackle cycle, and tattered black coat trudging toward his chambers - a desk parked on stair no 17 leading to the main building of the local court?]

The entire discussion is hilarious and absolutely of no connection to the topic. From Sonia Gandhi's foreign origins to laws of Paraguay. Really, no connection.

Btw, one thought. How can people be against foreign lawyers when our entire legal system is (a) foreign i.e British; and (b) in foreign language i.e English.

If Mr. Balaji, Mr. SILF and others are so opposed to foreign lawyers, for starters, drop English from the courts. Atleast Raj Thockeray will be happy.