Friday, September 28, 2018

Begging is worth .... Than asking for Charity

It is wise to beg than live in the name of charity..... Because the so called Social welfare NGO's are making money in Dollars by this sensational subject. ..... "Helping the so called... Who are surviving in our society as Helpless and Bounded Labours.....  When these NGO's literally care for humanity..... why hire a call centre to promote their charity... .... Jago India ...... Jago
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Wednesday, October 25, 2017

Feel ‘guilty’ and ‘cheated’ for helping PM Modi, says Ram Jethmalani

What is the real intention behind this recent press release is unknown.  Sir the legality in bring back the money is not at all possible unless a treaty is signed with that country.  I or be the first citizen the President of India cannot just like that go and ask a country to return back the deposited money of its citizens. Is he saying that he is unaware of the prevailing rules...... The only way to bring the black money is to file a petition before  the International Court of Justice pleading that the money so deposited by the citizens of India is unaccounted and has been earned unlawfully and by unethical means,  Which is an universal offense and so holding such funds by Swiss bank also defines it to be unlawful and unethical corporate. No corporate can act against public policy and the Swiss bank is no exception and will be pushed to return the money that which belongs to the citizen of India... If not the Swiss bank shall be by perception be treated a corporate supporting world CORRUPTION..... In the eye of the world government and governance

Tuesday, October 6, 2015

GUARANTEE VS WARRANTY


The exact understanding of the aforesaid legal terminologies is still a debate. The word Guarantee means that, it is a personal assurance given by the company/individual that, it WILL perform/work perfectly for a particular period of time. Wherein a Warranty means to be an assurance by the company/individual that, it WOULD work/perform for a particular period of time and if not the company/Individual WILL make it work by servicing or replacing the spare parts. In case on Guarantee if the product fails the company/Individual is obligated at the very instance to replace it with a new one, wherein in case of Warranty the company/Individual is at the first instance obliged only to make it work by servicing or replacing the spare parts and a failure by the company/Individual to make the product work/perform results Finally in replacing the Product as an obligation because, it has become impossible to rectify the issues by itself.

The aforesaid legal phrase are advertisement tools in consumer market and are the by-product of the Legal phrase  “Indemnity”  which means “making THE loss good”. Even though the aforesaid phrase is used as advertisement tools by the company/Individual, it is a “Trust agreement” and it is supposed to be measured and adjudicated as and in accordance with the literal meaning of the word/phrase so used by company/individual for their benefit.

When some say that both the words are same then why have two different words to define the same situation, is it to confuse us or to know the difference.................

Friday, October 17, 2014

BAIL / PROBATION / Suspension of punishment


The recent verdict in a corruption case, wherein the convict was released on “Bail” (the terminology that was used by the so called press) by the Hon'ble Supreme Court, literally speaking the word/terminology “Bail” pronounced, whether applicable, is the question behind this article.

Before interpretations, the formal thesis of law like that of the universe  defines that everything has three stages, likewise the array of crime and its punishment’s are divided into three stages, namely Suspect, Accused and Convict. As like all, the terminology Bail has three stages.  The first two stages shall be called and defined as Bail and the third stage shall not be termed Bail, which is the urging point of this article. The interpretation is the first two is called Release on Bail and the third is called “Release on Probation” / "suspension of punishment" (a provision with a limited preview)   - the right terminology that is to be used and not otherwise.

As Interpreted by law and its definition, a Suspect can seek Bail, anticipating his/her arrest, which is Anticipatory Bail (even though the Cr.P.C defines no such terminology “Anticipatory Bail” but still we generally call it so). An Accused seeks the court to release him/her on Bail, on the principle that he/she shall be released on Bail, with or without condition, till the verdict is confirmed by the court, as judgment. The third is a Convict who shall seek the court to release him/her only on Probation but not on Bail or for suspension of punishment". Nowhere in the Cr.P.C can we find the provision to release a Convict on Bail

As enumerated by law a Suspect and an Accused can seek Bail, but not a Convict. The Convict’s only remedy is to seek the court to suspend the conviction and release him/her on Probation. The Conviction of a court can be suspended in two ways, (1) by an application to release on Probation and (2) by way of an Appeal.   

If no application for suspension is entertained immediately by the conviction court, the only option for the Convict is to prefer an appeal and seek suspension.  A note for clarity that just because the conviction order of the lower court is appealable, it doesn’t mean that the Convict is entitled to Bail automatically, that is to procedurally state, if the application for suspension is allowed then the Convict is no more a Convict but an Accused and being an Accused, now he /she is entitled to the terminology Bail.  – A fair definition in my opinion 

                                                                                                                          


Wednesday, January 11, 2012

Education – understanding its true meaning leads us to the “front”

The running world, very ambitious pushing humans to mark their “Brand” in the world of history, but to the sadness our learning concept failed from it's contingency to educate us how to create a Brand name?, the debate the most important.

The school days teaches us about the past history of existence and mainly speaks about the inventors of things, thesis, concepts, sayings, Etc,. The explanations are in such a manner likewise that, there was a man born on a day, survived in a place, and then during his --- years of survival did a thing which had turned in this present world a most valuable, helping around us for our survival. The Educational structure is all about inventions, thesis, sayings of leaders who marked their names in the books of history, about languages, about the universe, Etc,. The mandatory importance in knowing all these things obliviously comes to an end in us, as soon as the exams are over. It is sad that the Word “Exams” made us all remember the said topic of education. The topic started vanishing once the exams were over, we lifted our collars by a thought, a over confidence that, we had obtained the necessary knowledge that which is required during that standard of education and once again we continued our journey focusing on the succeeding years.

Do we still remember all the stuff that we studied like the points, sayings of leaders, history about human beings and who did what?, that which made us think we had grown, lighted in us the over confidence that we had achieved the knowledge required for our survival. If we still remember then why there is only the word struggling in the career book of man, who is dying for years together to build the very word peace around us.

Is the problem because that we don’t have a perfect combination of subjects or is the problem because that we have not understood the true meaning of education. The concept of learning should be understood in such a way that each and every student must clearly understand why he should educate himself and what is the really truth behind the very word education.

The true meaning of education is nothing but the "Histories of success and probable stories", determined by those people who meditated and dedicated their life journey towards the word “New”. The journey towards the literal meaning of the word “New” and its conquest by so many leaders, scientists and thinkers, educates and strengthens us to be confident at all times, especially when we are in our way “New”.

The past success stories leads us to answer why can’t we and erases in us the dilemma, the doubt, the negative thinking and makes every one us to start to see things with confidence, failures of our attempts as growth and makes all of us understand that the pleasures of life comes only after pain. What else is still required when we have started facing the failures with confidence that one or the other day we will have a Brand name for ourselves, inspiring the world towards us, by being in the front page of every newspaper.

The true meaning of Education is to make us do and be “NEW”, and will one or the other day lead us all to the front.
- By Sabarish Jayaraman

Sunday, December 18, 2011

The Meaning of the Concepts “Penalty”, “Liquidated’ & “Unliquidated” damages – whether adapted from a single or different sources.

The source of writing this article happened by a question whether as compensatory measure Penalty (or) Liquidated (or) Unliquidated damages be awarded. The above question views the meaning of the aforesaid concepts as concepts derived from three different sources, which at a point I felt to have derived from a single source. The literal meaning of a word or concept can be understood, felt and derived from its source – the question why was the word adapted?. The origin or the birth or the source is the right place to get the exact true answers for all the questions, that which can stand as self-explanatory and undeniable.
The birth place behind adaption of every new concept happens through a formula whether it is “Same” or “Similar”?. The importance in adapting a new concept occurs when comparing two situations with the above formula, whether the situations are “Same” or “Similar”? Considering the aforesaid concepts as “Similar” let us start with the question which concept originated first?, because a birth can only happen from an existing one. The question also guides us straight to the mentality of the author who derived these concepts. When some situation is defined to be “similar” but not the “Same”, the importance of “Naming” it differentiated it from the existing. Likewise was the birth of the concepts “Liquidated” and “Unliquidated” damages from the existing concept “Penalty”.
The concept “Penalty” exists from ancient times wherein “Liquidated” and “Unliquidated” damages are concepts of modern world. Penalty is brought to action when a certain act is unadhered, which ought to be adhered. Penalty as to one’s act as consequence or compensatory are quoted expressly as Law. The lack in including all the acts of the modern world, which is obviously not a question of inclusion as those acts, was not in existence when such a concept Penalty was derived and defined. The question under what preview such acts be considered to rule the limits of defining the concept Penalty as a compensatory measure, lead to the formula in calculating concept Penalty by estimating the damages caused by those acts.
Further concerning the unpredictable acts of that time or of the future the scientific analysis of defining the concept Penalty, sought stability at all times of human existence. The concept Penalty has and was not changed but a formula was introduced to calculate the limits of compensation by extracting it from the damages caused by the act and those formulas were named as “Liquidated” and “Unliquidated” damages. The words (Liquidated & Unliquidated) that named the formulas were self explanatory and the purpose of securing stability at all times of human existence shall reach its height, only when the theme behind the adaption and the literal usage is understood. The damages that can be estimated accurate, did fall under the formula of Liquidated damages and the damages with inaccurate estimation, as Unliquidated damages.
As simple conclusion the concepts Liquidated and Unliquidated damages, resulted form a single source concept Penalty and acts as a formula to calculate the limits of Penalty – the one and only compensatory measure. Further they are not concepts adapted to term the compensatory measure in a different sense. The true meaning of the concept is arrived by stating it as Penalty “as” Liquidated/Unliquidated damages instead of stating it as Penalty “or” Liquidated/Unliquidated damages.
- By Sabarish Jayaraman