I always used to think that these great actors are completely depended on the public for their future.. They are not the types who work every minute for themselves.. Has anyone thought that if we don’t go buy movie tickets of some movie that’s newly released, the actors involved may end up loosing two years of their lives for I would say nothing but criticism?????
But then realisation has crept into me that these actors don’t only sell themselves on the screen but also sell dreams!! How slowly and smartly they touch our lives.. (but this applies to only people who are emotional fools) …. The concepts like that of Valentines Day, gifts, cards , love , relationship crap, etc has come into our lives from nowhere except the television..
Sometimes I start to think was my folks wrong to let me watch the television and never told me about the heard facts of life.. things like- the beautiful actress on the screen is probably there because she s thrown herself for the pleasures of the producers behind the camera!!
How the hearts ache when one grows up to find out that not the real love stories are the same as on the TV…. In fact they actually never exist.
I don’t know if I should tell kids from the very first time they are exposed to television–
look son, life s not anything like that. When u get married u have to think about whats next. There s nothing like love in those kinda relationships. It all gets over within a few weeks time and you ll start feeling like you ve beed married for about 50 years.!!!!!!
I think television channels should be on a individual charge basis.. that’s when parents will get conscious about what the child should see and learn and believe in. Probably then young girls will stop believing in the statements like “GOD S STILL BUSY MAKING THE MOST ROMANTIC LOVE STORY FOR ME!!”. They ll then know its just like waiting for Santa to come on the Christmas Eve carrying a bag full of happiness in the form of gifts!!!!!!!!!!!
CONDITIONS APPLIED!!!! LOL
Such ideas are sold by the television which has made our world look so small!!
Thursday, July 23, 2009
Sunday, July 19, 2009
TEARS !!
A sign of weakness!That’s what most people think and believe. I believe in that phrase.
We often tell young boys not to cry like girls as boys are supposed to be stronger!! And at the same time one would find elders telling the grown up ladies that tolerance is something that women are blessed with which is why they are gifted with the quality of giving birth. In other words one can say that somewhere women are stronger than men (emotionally)!!
Why does a person shed tears? When something hurts a lot or when a person feels insulted or when people around them are hurt or when someone goes bankrupt etc etc.
The point is what happens before and after the tears drops? How is it emotionally connected?
My one liner when I am about to cry is “ I cant take it anymore!!” that’s what I feel or go through just before I am about to cry. And I just don’t feel it as it is , I feel it very strongly. It makes me break down like a beggar or a pitiful dependent person.
What happens before the tears are about to fall is mostly a feeling which can be said as “I feel lost”. How easy is it to make an independent person feel lost? What is independence in the first place?
The fact is that we live in a society and are always sensitive to what others feel or talk or thinks of you. No one can escape that trap. After all we are all humans. It hurts the call upon someone who does not want to talk to you, it hurts when someone passes away; it hurts when you are broke ; it hurts when u cut yourself…. The point is “it hurts”. That’s when the tears starts playing its role. How difficult is it to understand that all one runs after is happiness or satisfaction; like that in the novel – The Alchemist. Less that we know that what we look for is right there just under your nose.
We have many Hindi phrases to put all of it in few words but I am just going to move on.
My opinion about tears is weakness. But of late I have realised that tears can actually make you stronger. There are two sides to it:
First: when you have cried enough tears on something you know how badly you want it; It sometimes makes you all the more determined to achieve that something which really matters to you. After all you have cried tears on it. It should be worth that stress.
Secondly: when you have cried enough tears on something, you may stop valuing it. It stops bothering you after a while as they say “its out of your system”. Even that helps as u no longer crib or is waiting for it. You understand and relate that thing with pain.
In both the cases things stop affecting you just cause you have lost a few of the precious tears.
I am not saying that one has a option of crying every time it pains. But that the concept of taking everything into you and just waiting till you burst may not be fully correct. Its true that when u cry you cry alone…. But who decides when you should have the luxury to shed tears and let go of your pains?
We often tell young boys not to cry like girls as boys are supposed to be stronger!! And at the same time one would find elders telling the grown up ladies that tolerance is something that women are blessed with which is why they are gifted with the quality of giving birth. In other words one can say that somewhere women are stronger than men (emotionally)!!
Why does a person shed tears? When something hurts a lot or when a person feels insulted or when people around them are hurt or when someone goes bankrupt etc etc.
The point is what happens before and after the tears drops? How is it emotionally connected?
My one liner when I am about to cry is “ I cant take it anymore!!” that’s what I feel or go through just before I am about to cry. And I just don’t feel it as it is , I feel it very strongly. It makes me break down like a beggar or a pitiful dependent person.
What happens before the tears are about to fall is mostly a feeling which can be said as “I feel lost”. How easy is it to make an independent person feel lost? What is independence in the first place?
The fact is that we live in a society and are always sensitive to what others feel or talk or thinks of you. No one can escape that trap. After all we are all humans. It hurts the call upon someone who does not want to talk to you, it hurts when someone passes away; it hurts when you are broke ; it hurts when u cut yourself…. The point is “it hurts”. That’s when the tears starts playing its role. How difficult is it to understand that all one runs after is happiness or satisfaction; like that in the novel – The Alchemist. Less that we know that what we look for is right there just under your nose.
We have many Hindi phrases to put all of it in few words but I am just going to move on.
My opinion about tears is weakness. But of late I have realised that tears can actually make you stronger. There are two sides to it:
First: when you have cried enough tears on something you know how badly you want it; It sometimes makes you all the more determined to achieve that something which really matters to you. After all you have cried tears on it. It should be worth that stress.
Secondly: when you have cried enough tears on something, you may stop valuing it. It stops bothering you after a while as they say “its out of your system”. Even that helps as u no longer crib or is waiting for it. You understand and relate that thing with pain.
In both the cases things stop affecting you just cause you have lost a few of the precious tears.
I am not saying that one has a option of crying every time it pains. But that the concept of taking everything into you and just waiting till you burst may not be fully correct. Its true that when u cry you cry alone…. But who decides when you should have the luxury to shed tears and let go of your pains?
Saturday, June 13, 2009
The Defence of Compulsion And Necessity..
The law provides with general exceptions under S76 to 106 of the IPC. These sections identify situations where the criminal liability is relieved. Since the proof of any of these defences exempts the accused from criminal liability altogether, these are also known as complete or total defences. Most of these sections are quite exhaustive in nature. There are about 36 sections but here u would like to talk about just 1 and that is S81 of the Indian Penal Code, 1860.
Section 81 provides for the defence of Compulsion and Necessity.
There are many circumstances in which a person is put to the threat of 2 evils or dangerous situations and it is inevitable for him to face one of the two. In such a situation he is left with no other alternative except to choose the lesser danger rather than the greater. Here the law justifies his actions and protects him by exempting from criminal liability as a consequence of such action.
Such protection or exemption from criminal liability is explained under the “Doctrine of Necessity and Compulsion or Jus Necessitatis.”. It is enshrined in the maxim “Necessitas non habet legem”, which means “Necessity knows no laws”.
Act likely to cause harm, but done without criminal intent, and to prevent other harm (S81): “Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose pf preventing or avoiding other harm to person or property”.
There is a well known case in which the defence of this section was taken. Three seamen namely Dudley, Stephens, Brooks and a cabin boy of 18 yrs were the crew of an English Vessel. While prosecuting voyage on highseas, due to a ship-wreck the three seamen and the boy escaped and landed into an open boat. They had no food and water for several days. On the 20th day, Dudley and Stephens killed the boy and fed on the flesh and blood to survive. Later they were picked by a passing vessel and after reaching the shore they were prosecuted and tried for the murder of the small boy. The accused pleaded the defence of “necessity” to get exemption from criminal liability.
The Privy Council held the accused guilty of murder and convicted on the grounds-
1) self preservation is not an absolute necessity ;
2) no man has the right to take another’s life to preserve his own;
3) there is no necessity that justice homicide.
Thus the person claiming the defence of S81 must prove that he did not possess any criminal intention to cause harm and that his purpose in good faith was to prevent or avoid other harm to person or property.
Section 81 provides for the defence of Compulsion and Necessity.
There are many circumstances in which a person is put to the threat of 2 evils or dangerous situations and it is inevitable for him to face one of the two. In such a situation he is left with no other alternative except to choose the lesser danger rather than the greater. Here the law justifies his actions and protects him by exempting from criminal liability as a consequence of such action.
Such protection or exemption from criminal liability is explained under the “Doctrine of Necessity and Compulsion or Jus Necessitatis.”. It is enshrined in the maxim “Necessitas non habet legem”, which means “Necessity knows no laws”.
Act likely to cause harm, but done without criminal intent, and to prevent other harm (S81): “Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose pf preventing or avoiding other harm to person or property”.
There is a well known case in which the defence of this section was taken. Three seamen namely Dudley, Stephens, Brooks and a cabin boy of 18 yrs were the crew of an English Vessel. While prosecuting voyage on highseas, due to a ship-wreck the three seamen and the boy escaped and landed into an open boat. They had no food and water for several days. On the 20th day, Dudley and Stephens killed the boy and fed on the flesh and blood to survive. Later they were picked by a passing vessel and after reaching the shore they were prosecuted and tried for the murder of the small boy. The accused pleaded the defence of “necessity” to get exemption from criminal liability.
The Privy Council held the accused guilty of murder and convicted on the grounds-
1) self preservation is not an absolute necessity ;
2) no man has the right to take another’s life to preserve his own;
3) there is no necessity that justice homicide.
Thus the person claiming the defence of S81 must prove that he did not possess any criminal intention to cause harm and that his purpose in good faith was to prevent or avoid other harm to person or property.
Thursday, June 11, 2009
APPEAL
The word appeal means right of carrying a particular case from an inferior to a superior Court with a view to ascertain whether the judgement is sustainable. An appeal is created of statute only and a right of appeal exists where expressly given.
No appeal lies from any judgement or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. There can be no inherent right of appeal from any judgement unless an appeal is expressly provided for the law itself. The right of appeal is governed by the statute in conformity with which a particular offence is tried. The right of appeal is neither a fundamental nor an inherent right; it is a creature of a statute, a statutory right.
The Criminal Procedure Code does not provide for an appeal to the Supreme Court but its stated under another law – the Constitution. According to the Constitution of India, an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court in India if the High Court-
a) has on appeal reversed an order of acquittal of an a accused person and sentenced him to death, or any Court subordinate to its authority has in such a trial convicted the accused person and sentenced him to death;
b) certified that the case is a fit one for appeal to the Supreme Court.
The Highest Appellate or Revisional Court under the old Criminal Procedure Code was the High Court. The law has undergone a significant change in the present Code which provides for appeals to the Supreme Court.
No appeal lies from any judgement or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. There can be no inherent right of appeal from any judgement unless an appeal is expressly provided for the law itself. The right of appeal is governed by the statute in conformity with which a particular offence is tried. The right of appeal is neither a fundamental nor an inherent right; it is a creature of a statute, a statutory right.
The Criminal Procedure Code does not provide for an appeal to the Supreme Court but its stated under another law – the Constitution. According to the Constitution of India, an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court in India if the High Court-
a) has on appeal reversed an order of acquittal of an a accused person and sentenced him to death, or any Court subordinate to its authority has in such a trial convicted the accused person and sentenced him to death;
b) certified that the case is a fit one for appeal to the Supreme Court.
The Highest Appellate or Revisional Court under the old Criminal Procedure Code was the High Court. The law has undergone a significant change in the present Code which provides for appeals to the Supreme Court.
Wednesday, June 3, 2009
A TEACHER , A DOCTOR AND A LAWYER !!!!!!
A teacher, a doctor and a lawyer, these are the three professionals who work to serve the society. Their professions are mainly concerned with the wellbeing of the public at large. They take an oath to serve the people in every way possible.
A teacher educates children with a view that the kids grow up into good individuals and have a good future. They are taught in such a fashion in which the basic human values are implanted in their character. All of which leads to a better tomorrow.
A doctor takes care of the sick people. His only job is to ensure that each and every person he treats should be cured and become a healthy person. Hence help his patients to maintain good health.
A lawyer works heard to get justice for his clients. In the process prevents offenders to disturb the public tranquillity.
What is worth noticing is that each one of us has the qualities of all the above three within ourselves to a certain extent.
We teach ourselves everyday, we take precautionary measures in our daily routine so that we stay healthy and when needed we fight for our rights.
Every individual tries to take lessons for his or others experience. That’s self learning. It’s a fact that a man never stops growing. And in daily life, we are our own teacher.
People take measures to stay healthy. Not always I find people running to the doctors for every small thing. The first few things that almost every person does for any health problems are trying on some of the conventional methods. In other words, many at times we are our own doctor.
And in most circumstances we are our own lawyer. A man has to defend his thoughts when he thinks he is right. In most circumstances people who you live with or work with do not agree with what you think may be right. What do you do? You attempt to explain why things should be your way. But this does not mean that if you never have your way you are a bad lawyer. You are just an individuals and sometimes questing “why is the leaf green”, isn’t the best question to ask. I would term such an individual is an adjusting kind of a person. One has to change as change is constant and it is the only food for survival. Why do you think dinosaurs are extinct?
Nor does it mean that if you have your way with everybody you’re a great lawyer of yourself. In such circumstances you could be happy but people around may not be holding any good opinions about you.
What is needed is a balanced approach with everything. One can be traditional yet liberal; like you can be a mother even though you are a man!!! :)
A teacher educates children with a view that the kids grow up into good individuals and have a good future. They are taught in such a fashion in which the basic human values are implanted in their character. All of which leads to a better tomorrow.
A doctor takes care of the sick people. His only job is to ensure that each and every person he treats should be cured and become a healthy person. Hence help his patients to maintain good health.
A lawyer works heard to get justice for his clients. In the process prevents offenders to disturb the public tranquillity.
What is worth noticing is that each one of us has the qualities of all the above three within ourselves to a certain extent.
We teach ourselves everyday, we take precautionary measures in our daily routine so that we stay healthy and when needed we fight for our rights.
Every individual tries to take lessons for his or others experience. That’s self learning. It’s a fact that a man never stops growing. And in daily life, we are our own teacher.
People take measures to stay healthy. Not always I find people running to the doctors for every small thing. The first few things that almost every person does for any health problems are trying on some of the conventional methods. In other words, many at times we are our own doctor.
And in most circumstances we are our own lawyer. A man has to defend his thoughts when he thinks he is right. In most circumstances people who you live with or work with do not agree with what you think may be right. What do you do? You attempt to explain why things should be your way. But this does not mean that if you never have your way you are a bad lawyer. You are just an individuals and sometimes questing “why is the leaf green”, isn’t the best question to ask. I would term such an individual is an adjusting kind of a person. One has to change as change is constant and it is the only food for survival. Why do you think dinosaurs are extinct?
Nor does it mean that if you have your way with everybody you’re a great lawyer of yourself. In such circumstances you could be happy but people around may not be holding any good opinions about you.
What is needed is a balanced approach with everything. One can be traditional yet liberal; like you can be a mother even though you are a man!!! :)
Monday, June 1, 2009
A SWEET STORY< SWEETER THAN SALT!!!!!!!
A sweet story, much sweeter than salt.He met her on a party, she was so outstanding, many guys chasing afterher, while he was so normal, nobody paidattention to him.At the end of the party, he invited her to have coffee with him. Shewas surprised, but as he was polite, she promised.They sat in a nice coffee shop, he was too nervous to say anything, Shefelt uncomfortable, she thought, " please, let me back home".Suddenly he asked the waiter: would you please give me some salt?I'd like to put it in my coffee.Everybody stared at him, so strange! His face turned red, but still, heput the salt in his coffee and drank it. She asked him curiously: why you have this hobby? He replied: when I was a little boy,I was living near the sea, I liked playing in the sea, I could feel the taste of the sea, salty and bite, just like the taste ofthe salty coffee. Now every time I have thesalty coffee, I always think of my childhood, think of my hometown, Imiss my hometown so much, I miss my parents who arestill living there. While saying that, tears filled his eyes. She was deeply touched.That's his true feeling, from the bottom of his heart.A man who can tell out his homesick, he must be a man who loves home,cares about home, has responsibility of home.Then she also started to speak, spoke about her faraway hometown, herchildhood, her family. That was a really nice talk,also a beautiful beginning of their story.They continued to date. She found actually he was a man who meets allher demands: he had tolerance, was kind hearted,warm, careful...he was such a good person but she almost missed him!Thanks to his salty coffee! Then the story was just like everybeautiful love story: the princess married to theprince, then they were living the happy life...And, every time she madecoffee for him, she put some salt in the coffee,as she knew that's the way he liked it.After 40 years, he passed away, left her a letter which said:" Mydearest, please forgive me, forgive my whole life lie.This was the only lie I said to you----the salty coffee.
Remember the first time we dated? I was so nervous at that time,actually I wanted some sugar, but I said salt. It washard for me to change so I just went ahead. I never thought that couldbe the start of our communication! I tried to tell you thetruth many times in my life, but I was too afraid to do that, as I havepromised not to lie to you for anything. Now I'mdying, I afraid of nothing so I tell you the truth: I don't like thesalty coffee, what a strange bad taste. but I have the salty coffee for my whole life since I knew you, I neverfeel sorry for anything I do for you. Havingyou with me is my biggest happiness for my whole life. If I can livefor the second time, I still want to know you and have you for my whole life, even though I have to drink the salty coffee again."Her tears made the letter totally wet.Someday, someone asked her: what's the taste of salty coffee? It'ssweet. She replied. SOMETIMES YOU FEEL YOU KNOW THE PERSON MORE THAN ANYBODY ELSE...BUTONLY TO REALISE THAT YOUR OPINION ABOUT THE PERSON WAS NOT AS YOU DESCRIBED.JUST LIKE THE INCIDENT OF THE SALTY COFFEE...LOVE MORE AND HATE LESSER... CAUSE' SOMETIMES SALTTASTES MORE THAN SUGAR.
Remember the first time we dated? I was so nervous at that time,actually I wanted some sugar, but I said salt. It washard for me to change so I just went ahead. I never thought that couldbe the start of our communication! I tried to tell you thetruth many times in my life, but I was too afraid to do that, as I havepromised not to lie to you for anything. Now I'mdying, I afraid of nothing so I tell you the truth: I don't like thesalty coffee, what a strange bad taste. but I have the salty coffee for my whole life since I knew you, I neverfeel sorry for anything I do for you. Havingyou with me is my biggest happiness for my whole life. If I can livefor the second time, I still want to know you and have you for my whole life, even though I have to drink the salty coffee again."Her tears made the letter totally wet.Someday, someone asked her: what's the taste of salty coffee? It'ssweet. She replied. SOMETIMES YOU FEEL YOU KNOW THE PERSON MORE THAN ANYBODY ELSE...BUTONLY TO REALISE THAT YOUR OPINION ABOUT THE PERSON WAS NOT AS YOU DESCRIBED.JUST LIKE THE INCIDENT OF THE SALTY COFFEE...LOVE MORE AND HATE LESSER... CAUSE' SOMETIMES SALTTASTES MORE THAN SUGAR.
Saturday, May 30, 2009
Smile!!! A Man Is Nude Without a Smile on His Face!!!!!!
I am what I am because this is what I choose to be. My choice to think in a particular fashion may be guided by what I have seen as a child. It is a known fact that human brain develops in its first 7 years and whatever children see or hear, becomes the foundation of their brain. So in order to understand why according to me if something is right and it is not same with the other person, we should go back and see if the circumstances of our initial years of life match to the way we live today!!!!
Just as no two fingers can be same, two people can not think in the similar direction. A human brain develops in three ways: positive, negative or in a neutral way (the chalta hai attitude).
But it won’t be right to say that a brain works either completely positively or negatively or otherwise. There are shifts in the way it functions which determine our moods while one of the traits remains dominant. A larger reason of the resultant attitude may be determined by foreign elements. Of course the sub conscious mind plays an equally important role. Had your sub conscious mind been neutral there would never be any problems and life wouldn’t be so twisted.
Now let me try to comprehend what works in the sub conscious mind. It can either be what you presently are or what you want to be. When one is satisfied with the way they are they attain happiness (its just a state of mind). But when you want to become something different than what you really are, the pursuit of happiness begins. Some derive happiness in a bottle of beer, some look at the stars, some make poems, and some read… it could be anything.
It is not wrong to desire to become a better person. Desire is the reason of existence. What is to be thought about is how you do it? Or are you happy doing it? Change is good as long as it makes you happy. The fact remains that you can not make the whole world happy. Happiness begins from you and spreads from you. If changing means fading away of your happy state of mind, then stop doing it. May be your good just the way you are.
Happiness is within us and we look for it in different people or objects. It must always be clear that you should be your own idol. Forget what you should have been. If I believe in myself for what I am, things won’t be so difficult. It’s easy to forget this to become what someone else wants me to be. The point is after all how long can I pretend to be someone different. If I don’t accept myself for what I am, no one else will. And that calls to admit you may be wrong according to somebody else.
Just keep smiling as “A man is nude without a smile on his face”. I am going to try holding on to my covers for as long as I can. :)
Just as no two fingers can be same, two people can not think in the similar direction. A human brain develops in three ways: positive, negative or in a neutral way (the chalta hai attitude).
But it won’t be right to say that a brain works either completely positively or negatively or otherwise. There are shifts in the way it functions which determine our moods while one of the traits remains dominant. A larger reason of the resultant attitude may be determined by foreign elements. Of course the sub conscious mind plays an equally important role. Had your sub conscious mind been neutral there would never be any problems and life wouldn’t be so twisted.
Now let me try to comprehend what works in the sub conscious mind. It can either be what you presently are or what you want to be. When one is satisfied with the way they are they attain happiness (its just a state of mind). But when you want to become something different than what you really are, the pursuit of happiness begins. Some derive happiness in a bottle of beer, some look at the stars, some make poems, and some read… it could be anything.
It is not wrong to desire to become a better person. Desire is the reason of existence. What is to be thought about is how you do it? Or are you happy doing it? Change is good as long as it makes you happy. The fact remains that you can not make the whole world happy. Happiness begins from you and spreads from you. If changing means fading away of your happy state of mind, then stop doing it. May be your good just the way you are.
Happiness is within us and we look for it in different people or objects. It must always be clear that you should be your own idol. Forget what you should have been. If I believe in myself for what I am, things won’t be so difficult. It’s easy to forget this to become what someone else wants me to be. The point is after all how long can I pretend to be someone different. If I don’t accept myself for what I am, no one else will. And that calls to admit you may be wrong according to somebody else.
Just keep smiling as “A man is nude without a smile on his face”. I am going to try holding on to my covers for as long as I can. :)
Thursday, May 28, 2009
Adoption
Not many times in my past days have found myself thinking about Adoption in its real sense. Till now for me, when you give anybody a little space in your heart and house seemed as adoption of that person. But it really is much bigger than what it seemed like till now. One has to not only deal with the person’s psychology but also of their own. I never knew it’s a test that one puts up for himself too.
We have had servants serving for years and on every Rakshabhandhan they actively participated. My mother has always shown concern towards them and Father has been supportive in every way possible. I have always heard my mother telling the young helpers that they are also like the children of this house. This seemed much like helping the under privileged people; which it is. But really, adoption is much bigger than what is mentioned above. In fact, the above given situation is just like one dot which forms the part of the whole adoption struggle.
Why I mentioned adoption as a struggle is because believe it or not it is a struggle. Raising someone else’s child as your own is not an easy task. To wipe the saliva of anybody’s child is not something that anybody would really welcome doing with open hands.
But then I stop to thing about the pets that live in the homes of many of us. How quickly they become one of the most important parts of our lives. I guess all it takes is pure heart from both the sides.
It took a while to realise that how much a difference it could make in a person’s life if he/she could grow in a home filled with support and concern instead of living on the streets and learning skills to beg.
How much can it pain to stand by a child with an assurance that your hand will always be above its head. Just stop for a while and ask yourself –“what is more important? A little PAIN or the entire life of a PERSON?”
We have had servants serving for years and on every Rakshabhandhan they actively participated. My mother has always shown concern towards them and Father has been supportive in every way possible. I have always heard my mother telling the young helpers that they are also like the children of this house. This seemed much like helping the under privileged people; which it is. But really, adoption is much bigger than what is mentioned above. In fact, the above given situation is just like one dot which forms the part of the whole adoption struggle.
Why I mentioned adoption as a struggle is because believe it or not it is a struggle. Raising someone else’s child as your own is not an easy task. To wipe the saliva of anybody’s child is not something that anybody would really welcome doing with open hands.
But then I stop to thing about the pets that live in the homes of many of us. How quickly they become one of the most important parts of our lives. I guess all it takes is pure heart from both the sides.
It took a while to realise that how much a difference it could make in a person’s life if he/she could grow in a home filled with support and concern instead of living on the streets and learning skills to beg.
How much can it pain to stand by a child with an assurance that your hand will always be above its head. Just stop for a while and ask yourself –“what is more important? A little PAIN or the entire life of a PERSON?”
Wednesday, May 27, 2009
Unlawful Assemblies
In most cases we talk about dealing with individuals or a group of individuals but now lets see how to deal with a mass. The State has to control and prevent the unlawful activities of both individuals and masses. The preventive action for the mass differs from that for the individuals. The restraint of the mass has to be immediate and action must be swift to break up the mass.
This is the second branch of the preventive provision of the Code. It deals with an assembly which is unlawful or which is likely to cause breach of peace.
The assembly contemplated under here are of two types :
1) an assembly of five or more persons likely to cause a disturbance of the public peace.
2) Any disturbance of the public peace.
In either cases , before a group of persons may be considered unlawful , it must in numbers , consist of five persons. An assembly is prevented from acting unlawfully by being made to disperse.
According to S.129 (1)
“Any Executive Magistrate in charge of a police station or in the absence of such officer any police officer not below the rank of sub-inspector may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of public peace to disperse and it shall be the duty of the members of such assembly to disperse accordingly”
This is the second branch of the preventive provision of the Code. It deals with an assembly which is unlawful or which is likely to cause breach of peace.
The assembly contemplated under here are of two types :
1) an assembly of five or more persons likely to cause a disturbance of the public peace.
2) Any disturbance of the public peace.
In either cases , before a group of persons may be considered unlawful , it must in numbers , consist of five persons. An assembly is prevented from acting unlawfully by being made to disperse.
According to S.129 (1)
“Any Executive Magistrate in charge of a police station or in the absence of such officer any police officer not below the rank of sub-inspector may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of public peace to disperse and it shall be the duty of the members of such assembly to disperse accordingly”
Tuesday, May 26, 2009
The Period of Limitation for Taking Cognizance
Limitation means a bar, a check, restrain or an obstacle which prevents action.
A period of limitation means the period within which a thing may be done but beyond which it shall not be done. The expiry of this period operates as a bar to the action for which it is prescribed.
Ordinarily the right, or the duty, whichever we my call it, to punish crime always remains alive. It does not abate with the passage of time.
The present Code adopts a dual policy. It prescribes a period of limitation for offences punishable with fine only or imprisonment for three years but recognises no limitation for heavily punishable offences. Limitation does not extinguish inquiry; it only bars action against it by the Criminal Court. Apart from vigilance in action from becoming weaker and thereby helps justice, even otherwise , as we know: “justice delayed is justice denied.”
According to S.468 of the Criminal Procedural Code, 1973 “except as otherwise provided in this Code, no Court shall take cognizance of the following offences after the expiry of the period of limitation respectively mentioned against them:
a) 6 months, if the offence is punishable with fine only ;
b) 1 year, if the offence is punishable with imprisonment not exceeding 1 year;
c) 3 years, if the offence is punishable with imprisonment exceeding 1 year but not exceeding 3 years.
For the purpose of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or as the case may be, the more sever punishment.”
There is no limitation for offences which are more severely punishable (punishable with imprisonment more than 3 years).
A period of limitation means the period within which a thing may be done but beyond which it shall not be done. The expiry of this period operates as a bar to the action for which it is prescribed.
Ordinarily the right, or the duty, whichever we my call it, to punish crime always remains alive. It does not abate with the passage of time.
The present Code adopts a dual policy. It prescribes a period of limitation for offences punishable with fine only or imprisonment for three years but recognises no limitation for heavily punishable offences. Limitation does not extinguish inquiry; it only bars action against it by the Criminal Court. Apart from vigilance in action from becoming weaker and thereby helps justice, even otherwise , as we know: “justice delayed is justice denied.”
According to S.468 of the Criminal Procedural Code, 1973 “except as otherwise provided in this Code, no Court shall take cognizance of the following offences after the expiry of the period of limitation respectively mentioned against them:
a) 6 months, if the offence is punishable with fine only ;
b) 1 year, if the offence is punishable with imprisonment not exceeding 1 year;
c) 3 years, if the offence is punishable with imprisonment exceeding 1 year but not exceeding 3 years.
For the purpose of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or as the case may be, the more sever punishment.”
There is no limitation for offences which are more severely punishable (punishable with imprisonment more than 3 years).
Monday, May 25, 2009
Anticipatory Bail
A bail is a conditional release of a person in custody. There are mainly two objects laid down in case of grant of any bail. They are –
A) The assurance that the accuse will be present at any time of the inquiry or trial; and
B) Grant of personal liberty to the accused so that he can defend himself.
Any case or an offence can be of two types. Namely, Bailable Offences/cases and Non Bailable Offences/cases. In case of a Bailable offence… the person accused gets his bail as a matter of right. But in case of non bailable offences or cases, the bail is granted to the accused under the discretion of the Court. Non bailable offence does not really mean that there will be no grant of bail.
The above two are classified under General Bail. There is another called the Anticipatory Bail.
In the above two cases the Court / Magistrate orders for the release of the accused. But in case of an anticipatory bail, a direction (not an order) for the grant of bail to the person apprehending arrest is given.
According to the Criminal Procedural Code, 1973
“Where any person has a reason to believe that he may be arrested on accusation of having committed a non bailable offence, he may apply to the High Court or the Court of Sessions for a direction under section 438 that in an event of such arrest, he shall be released on bail.”
Hence only the High Court and the Court of Sessions have the discretionary power u/s 438 to issue such a direction to any person apprehending arrest on accusation of having committed a non cognizable offence.
A) The assurance that the accuse will be present at any time of the inquiry or trial; and
B) Grant of personal liberty to the accused so that he can defend himself.
Any case or an offence can be of two types. Namely, Bailable Offences/cases and Non Bailable Offences/cases. In case of a Bailable offence… the person accused gets his bail as a matter of right. But in case of non bailable offences or cases, the bail is granted to the accused under the discretion of the Court. Non bailable offence does not really mean that there will be no grant of bail.
The above two are classified under General Bail. There is another called the Anticipatory Bail.
In the above two cases the Court / Magistrate orders for the release of the accused. But in case of an anticipatory bail, a direction (not an order) for the grant of bail to the person apprehending arrest is given.
According to the Criminal Procedural Code, 1973
“Where any person has a reason to believe that he may be arrested on accusation of having committed a non bailable offence, he may apply to the High Court or the Court of Sessions for a direction under section 438 that in an event of such arrest, he shall be released on bail.”
Hence only the High Court and the Court of Sessions have the discretionary power u/s 438 to issue such a direction to any person apprehending arrest on accusation of having committed a non cognizable offence.
Saturday, May 23, 2009
Ex nudo pacto non oritur actio
“Ex nudo pacto non oritur actio” means “A contract without consideration is void.”
Consideration is one of the most essential element for the formation of a contract. It means something in return. It is the prize paid for the contract. Another very important point is that the consideration should be lawful. It can be either is cash or kind or otherwise. Consideration has to take place from both the sides.
For example – in a contract for the sale of house, the house is a consideration for one party and the prise paid in return is the consideration for the other party.
It has been contained in the Latin maxim – “Ex nudo pacto non oritur actio which means – out of the nude fact no cause of action arises.”
In other words a contract without any consideration is void.
The Indian Contract Act , 1872 defines Consideration as “ when at the desire of the promisor , the promise or any other person has done or abstained from doing or does , or abstains from doing or promises to do or to abstain from doing something , such act or abstinence or promise is called a consideration for the promise.”
From the above we notice that in India, consideration may be Past or Present or even Future. The words-
Abstained from doing or does – shows past tense
Abstains from doing or promises to do– shows future tense, and
Abstain from doing something– shows present tense.
For example,
A lends B Rs.100/- and B agrees to return it after a month.
A month later B is not in a position to pay back so B makes an agreement with A promising to pay back after 6 months and in the mean while A does not sue B for the money. (this becomes a Future consideration for B , A will not sue B in the Court of Law)
A remembers that he owes B because B had helped A in the past and had stood by him at the time of need. So A lets go of the money that B is unable to return.( this is Past consideration for A , in exchange of which he gives B Rs.100/-)
According to the laws of England, consideration may be Present or Future. But there is no provision for the Past consideration. Past consideration is no consideration in England.
Consideration is one of the most essential element for the formation of a contract. It means something in return. It is the prize paid for the contract. Another very important point is that the consideration should be lawful. It can be either is cash or kind or otherwise. Consideration has to take place from both the sides.
For example – in a contract for the sale of house, the house is a consideration for one party and the prise paid in return is the consideration for the other party.
It has been contained in the Latin maxim – “Ex nudo pacto non oritur actio which means – out of the nude fact no cause of action arises.”
In other words a contract without any consideration is void.
The Indian Contract Act , 1872 defines Consideration as “ when at the desire of the promisor , the promise or any other person has done or abstained from doing or does , or abstains from doing or promises to do or to abstain from doing something , such act or abstinence or promise is called a consideration for the promise.”
From the above we notice that in India, consideration may be Past or Present or even Future. The words-
Abstained from doing or does – shows past tense
Abstains from doing or promises to do– shows future tense, and
Abstain from doing something– shows present tense.
For example,
A lends B Rs.100/- and B agrees to return it after a month.
A month later B is not in a position to pay back so B makes an agreement with A promising to pay back after 6 months and in the mean while A does not sue B for the money. (this becomes a Future consideration for B , A will not sue B in the Court of Law)
A remembers that he owes B because B had helped A in the past and had stood by him at the time of need. So A lets go of the money that B is unable to return.( this is Past consideration for A , in exchange of which he gives B Rs.100/-)
According to the laws of England, consideration may be Present or Future. But there is no provision for the Past consideration. Past consideration is no consideration in England.
Thursday, May 21, 2009
Marriages are made in Heaven, Why does it land up in Hell !!
If marriages are made in heaven, why does it land up in hell?
The very next question that pops up in the my mind is: What makes a marriage work?
I really don’t know but definitely can list out some of the traits that are often quoted by many experienced people – tolerance, patience , strong bounding and to hear what’s unspoken. Should I say that all it takes a marriage to work is to experience SCHIZOPHRENIA ?????
The X generation today may find themselves alien to such words and so do I.
All of this makes me go back into time where I notice that marriages weren’t really happening just for an experience. People really did stand by each other for their entire life!!!! What made it different then than what is today? (Apart from the high concrete buildings with MNC s operating in them) .
Till a few decades back women were protected against education. It was strongly believed that education was made just for the boys of the house who later went out to earn for their bread and butter. Where as the girls’ sphere of work was limited to the four walls of the kitchen. Instead, I would say they were the supporting pillars of the Man’s success. Men ate what the women made for them to eat, they were taken care of in sickness by women, they choose women for taking out their stress, they also derived emotional strengths for women. It was the women who made the house worth being called a home.
So should I say that it’s just the lack of education that made marriages work? I don’t think so. Just like the meaning of every law which was laid down years ago changes with the changing time and circumstances, so does this. All of the above may hold true for the society that I am not known to but today, this will not go down my or anybody’s system.
I don’t know what it takes a marriage to work, but I do know why in most circumstances it fails.
All it takes for a marriage to fail are the day to day little things that one might not even notice. Big problems find enough strengths form where I don’t know to solve themselves . But it’s actually the small matters that cause discomfort in your heart because of which it hurts slowly and steadily and before you know your heart is full of pain and misery. One is often left with nothing to give to the other and they say – it just happens.
Lately I have been going through a crash course of how to make a marriage work. In most of the talks the subject remains that there should be no expectations at least 50 % of the time. But I wonder if that was possible. The desire of a human brain and heart is never satisfied. Even when one dies he dies with a thought – gosh if I could see Mr/ Mrs. XYZ.
Marriage is not driven by psychology or finance or for that matter human resource.
I am yet not equipped enough to answer such questions ….. but I do understand that my mind boggles with questions that rarely have a definite answer and this is one such question.
I guess i will go with the saying Its Just A Gamble Of Life ..... A Game Of Pure Luck!!!!!
The very next question that pops up in the my mind is: What makes a marriage work?
I really don’t know but definitely can list out some of the traits that are often quoted by many experienced people – tolerance, patience , strong bounding and to hear what’s unspoken. Should I say that all it takes a marriage to work is to experience SCHIZOPHRENIA ?????
The X generation today may find themselves alien to such words and so do I.
All of this makes me go back into time where I notice that marriages weren’t really happening just for an experience. People really did stand by each other for their entire life!!!! What made it different then than what is today? (Apart from the high concrete buildings with MNC s operating in them) .
Till a few decades back women were protected against education. It was strongly believed that education was made just for the boys of the house who later went out to earn for their bread and butter. Where as the girls’ sphere of work was limited to the four walls of the kitchen. Instead, I would say they were the supporting pillars of the Man’s success. Men ate what the women made for them to eat, they were taken care of in sickness by women, they choose women for taking out their stress, they also derived emotional strengths for women. It was the women who made the house worth being called a home.
So should I say that it’s just the lack of education that made marriages work? I don’t think so. Just like the meaning of every law which was laid down years ago changes with the changing time and circumstances, so does this. All of the above may hold true for the society that I am not known to but today, this will not go down my or anybody’s system.
I don’t know what it takes a marriage to work, but I do know why in most circumstances it fails.
All it takes for a marriage to fail are the day to day little things that one might not even notice. Big problems find enough strengths form where I don’t know to solve themselves . But it’s actually the small matters that cause discomfort in your heart because of which it hurts slowly and steadily and before you know your heart is full of pain and misery. One is often left with nothing to give to the other and they say – it just happens.
Lately I have been going through a crash course of how to make a marriage work. In most of the talks the subject remains that there should be no expectations at least 50 % of the time. But I wonder if that was possible. The desire of a human brain and heart is never satisfied. Even when one dies he dies with a thought – gosh if I could see Mr/ Mrs. XYZ.
Marriage is not driven by psychology or finance or for that matter human resource.
I am yet not equipped enough to answer such questions ….. but I do understand that my mind boggles with questions that rarely have a definite answer and this is one such question.
I guess i will go with the saying Its Just A Gamble Of Life ..... A Game Of Pure Luck!!!!!
Patenting Biotechnological Inventions
When I read law as a subject , my concentration is more on how and where the problems lie.
In the next many paragraphs I am just going to talk about the application of the Patent System with respect to Biotechnological Inventions.
Patent is a state of grant. The patent system, with its roots in ancient times , has emerged as a reward to grants an investor exclusive rights over his intellectual creative manifestation. This patent regime envisions three standard criteria- novelty , utility and non-obviousness for an invention to come within the patent frame.
Thus, an inventions must be new and useful. Also it must fulfil the statutory requirement of inventive step..which means it should not exist or known to the general public.
The application of these three standards in case of Biotechnological inventions creates certain problems mainly because the inventions in this case mainly deal with the living matter. So the application of conditions like novelty and inventive step pose serious problems.
When it comes to biotechnological inventions , the raw materials are mainly living organisms like the plants or animals, agriculture or horticulture etc. which are already in the public domain. They are developed adopting artificial procedures in which the natural growth is effected by chemical additions such as fertilisers and special physical conditions such as adulteration of light , temperature and humidity.
Now the basic problem here is that biotechnological inventions are not new in itself. Biotechnology itself is based on pre– existing biological matter provided by nature . The nature and the extent of human intervention and the degree of value added by such intervention is often resorted to determine whether it is an invention or a discovery.
One of the greatest challenges facing patent regime has been the boundary between human invention and natural products improved by advanced biotechnology.
In the next many paragraphs I am just going to talk about the application of the Patent System with respect to Biotechnological Inventions.
Patent is a state of grant. The patent system, with its roots in ancient times , has emerged as a reward to grants an investor exclusive rights over his intellectual creative manifestation. This patent regime envisions three standard criteria- novelty , utility and non-obviousness for an invention to come within the patent frame.
Thus, an inventions must be new and useful. Also it must fulfil the statutory requirement of inventive step..which means it should not exist or known to the general public.
The application of these three standards in case of Biotechnological inventions creates certain problems mainly because the inventions in this case mainly deal with the living matter. So the application of conditions like novelty and inventive step pose serious problems.
When it comes to biotechnological inventions , the raw materials are mainly living organisms like the plants or animals, agriculture or horticulture etc. which are already in the public domain. They are developed adopting artificial procedures in which the natural growth is effected by chemical additions such as fertilisers and special physical conditions such as adulteration of light , temperature and humidity.
Now the basic problem here is that biotechnological inventions are not new in itself. Biotechnology itself is based on pre– existing biological matter provided by nature . The nature and the extent of human intervention and the degree of value added by such intervention is often resorted to determine whether it is an invention or a discovery.
One of the greatest challenges facing patent regime has been the boundary between human invention and natural products improved by advanced biotechnology.
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