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. :)

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?”

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”

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).

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.

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.

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!!!!!

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.