Three stages in life & Horoscope

 The three stars in horoscope indicates journey of a person : Three types of hunger are 1) Hunger of mind 2) Hunger of body 3 ) Hunger of soul and we do till death in the search of the solution of all : Primarily our life span ends in searching solution of mind & body : when we comes out of the circle of hunger from mind and body we comes near the circle of hunger of soul : Hunger of soul dominates upon hunger of body and mind :The most difficult circle of life is hunger of soul : when a person crosses the barriers of hunger of mind and body while utilising good means it comes near of circle of hunger of soul : Hunger of body and mind is physical and connected to physical means whereas hunger of soul is connected the means invisible to others but the person who is connected see visible light and feels the satisfaction of soul : Horoscope has three stars who says the life of a person about these three hungers : Ascendent lord says the thrust or hunger where the ascendent lord occupies in particular house and accelerates in life if combined with yogkarak stars and if placement of ascendent lord not with yogkarak star , the thrust or hunger of body would not take end in life and this circle of hunger of body never ends ,some philosophers like Osho rightly narrates the philosophy of thrust : Second circle which is circle of mind which is connected with moon in horoscope : if your moon placed in right position not debilitating or upon inimical sign , it calms the mind as per its placement in horoscope : exalted or it’s own sign moon gives peace of mind and success in particular house placement : If moon is debilitating,this circle of mind would not be crossed & impossible to satisfy the thrust or hunger of mind in life and to satisfy the hunger or thrust , you would be reborn to satisfy this circle : The third circle and the third star which is connected to our soul is Sun , if your sun is debilitating or you are born in the month of Oct , and the thrust or hunger of your soul is where your sun has placement and thrust or hunger of soul can easily satisfied with the inviting sun through sun Pooja and activating body and mind through yoga : Yoga is a process where any body can reach at the heights to satisfy the thrust or hunger of soul and crossing this barrier reborn system of body would likely to be end : 

Partnership firm &! N I Act

 Cheque dishonoured by partnership firm makes that firm is  liable with their partner for  their offence : Section 141 of NI act is applicable to companies , association of partners  etc :Supreme Court held in case of Aneeta Hada v M/s God father travels and tours criminal appeal number 838/ 2008 decided on dated 27/04/2012  In this case bench consisting of three judges held that there is a difference between primary liability and vicarious liability in the interpretation of sec 141 of NI act , : The difference in civil and criminal liability was analytically narrated : Pleading and making party to firm in complaint case under 138 NI Act is also required without it neither accusation make responsible of firm nor criminal liability shift to partner doing day to day work of firm under 141 NI Act : The pleading about the partner that he was responsible for day today work of partnership firm and firm was also responsible :and this judgement later on  relied in the Latest case of Dilip Hariramani v Bank of Baroda criminal appeal number 767/2022 decided on dated    09/05/2022    arising from criminal SLP number    641 / 2021 : The issue in the case was that a partner of firm was not pleaded in complaint with  the responsibility of partner  in day to day work and firm was not made party in the case : Principal enunciated : 1) specific averment in complaint through pleading regarding vicarious liability 2 ) sec 141 doesn’t take liability of all directors in case of company but  responsibility fasten upon that director  who is incharge of day today work of company 3) pleading in complaint and proof through evidence  4 )vicarious liability not inferred only but to be made in  pleading and thereafter to be proved 5) The person sought to be liable should be incharge of business and day today work of the company 

Survival of right to sue

Is “ Right to sue survives upon the death of claimant during adjudication of claim petition “in injury cases ‘? As the cause of action being personal and claim petition  abets upon the death of injured ,  A complex study discussed When injured person dies after filing claim petition :An analytical study of various cases of high courts was discussed by Supreme Court in the reported case captioned ORIENTAL Insurance co Ltd  V/s kahlon  @ Jasmail singh kahlon deceased through Narindra Kahlon case no : civil appeal 4800/2021 decided on dated 16/8/2021 :In essence Supreme Court admitted the view of various high courts regarding right to sue still survives after the death of claimant but differed in calculation of compensation: The division bench of Supreme Court denied the head of loss of suffering to substituted LR’s and granted claim on loss of estate upon various heads like medical expenses , annual salary with 15% future prospectus multiplying 11as multiplier according to age :,hospitalisations and attendant expenses ,that went in calculation of Rs  28,42,175/-on the contrary  High court awarded 1 lac of amount in the head  of medical expenses only to substituted LR as part of estate , and high court denied their calculation of loss of income (salary) with future prospect through multiplier with the reasoning that the case was not of death and also not adding head of pain& suffering and attendant charges etc : 

Story of yes or No

 Number of hours are discussed to say logically yes or no : This yes or no emerges in essence of conversation, logics ,debate , research , any kind of work while it’s implementation ends in yes or no ; This yes or no is a result of argument : why we waste the time to say yes or no : these two words say no and three words say yes but to show the basis and to take confidence of others , we used to say elaborately : The basis of yes or no is very important and every body is anxious to know the basis but it should have basis of logic : we don’t accept yes or no without logic and if it is litigation we go far seeking justice till the last court pronounces the judgement : In our social life yes or no reflects our behaviour and shows our intention and recognition of relations are also depend upon yes or no if yes or no are said without basis , it creates number of problems by others in particular work , In essence yes or no are the subject of our human relations and if said with the basis we generally adopt it but without any basis yes or no are not accepted by us : This yes or no are subject of scientist , where they consume hours , days , months and years and years in particular experiment to search yes or no : This yes or no some time in litigation ends the years and years to get justices when a persons don’t accept No and to seek yes from higher judiciary he fights till the last judgement and some time this yes or no receives their next generation : Our mind don’t accept the things without basis and this battle ends till this truth of basis declared universally : 

Crown debt

 There is no priority of charge of state or central tax upon mortgages created in favour of Bank : Sec 26E of securitisation  & sec 31 (b)of  RDB Act are in consonance to this object : Even sec 31 of bankruptcy code after amendment of 2019 clearly states that if resolution plan not covers the statutory dues like state central ,municipal local taxes it would be extinguished : sec31 (B) of IB code is declaratory in nature : The issue of priority in recovery of statutory dues was discussed in several cases of high courts : Supreme Court upheld the view that Banks as a secure creditor has a vested right to recover their dues from mortgaged property : In the case of Ghanshyam Mishra V EARC  Ltd reported case pronounced by Supreme Court in civil appeal number 8129/2019 on dated 13/4/2021 it was held in essence that once resolution plan approved and new entity take overs the unit , no claim would be raised against new entity : 

Repealing law & saving clause

 The saving clause with substituted enactment in place to repealing act has  very important place regarding enforceability of prior enactment in past &future : if there is no saving clause with substituted enactment that meaning thereby that prior law is no more and it has been removed from statute book as it was never existed and if any proceedings are going on it would be end ,and fresh proceedings may be initiated In the contrary if there is saving clause then it shows that proceedings accrued in repealing act now  would be govern by new act : In the case of Kotak Mahindra Bank v/s  District Masistrate , Gujrat high court held which was reported in 2010 SCC on line Gujrat 10656 that  the order passed by excise authority on the date regarding confiscating immovable property was void due to amended enactment on the date of enforcing new enactment when substituted enactment enforced , the order by authority was having nullity, The earlier legislation was of Rule  173Q ( 2 )in which immobile property  can be conspicated :but new rule 28 

directs that ‘goods   ‘can only be confiscated  only Further :Section 6 (a) of General Clauses Act was a guiding factor that directs the impact of deleted clause and substituted clause :

To be UPDATE

 To remain in up date condition meaning thereby the adopting nature of our mind should have nature of learning in right manner while keeping the facts alive to till date : To remain UPDATE  has very beneficial factor in every field whether it’s a profession , business ,service or any kind of act working required for our lively hood . So far in our daily activity it has a great source of understanding people and it has also impact upon of our behaviour in social life : The collection of learning material so as to enable our mind in active position is a source of becoming update : Doctors , Lawyers , Judges  , Engineers scientists , businessmen , philosopher , writer and every people remain update in life regarding their field of activity so as to get more and more efficient result  in their particular field , our mind is like a book and to remember every page of mind at a glance is a difficult process and to revise the chapter is also not possible unless we know the particular page of mind ; Hobbies an activity play a vital role in life : Collection of art , collection of religious books , collection of thoughts of ideology , collection of those material which you have interest : if the collection is related to your profession , business or any kind of activity it would enlarge the scope of  thought of your mind and would keep fresh or clear in concept so as to take decision in the subject intended by mind : A scientist collect research material in systematic way ; Thus first way of becoming up date is to become systematic in life : The collection of systematic material gives material to mind to learn and think about research in further line of action ; Jurist , Lawyers keeps collection of judgement to become up date : second way of becoming up date is to revise what you have collected and if any collection require more material then this phase helps to think more deeply upon subject : Research starts when you have proper material for bringing you in a systematic state and application of mind upon the material you have collected results in becoming update : To maintain a personal digest containing 1000 pages or more and to  write these pages is like a treasure of knowledge and to  revise these pages after completing enhances memory and keep young : 

Interpretation of Law

 There is no codified procedure of interpretation of law and jurist do Interpretation of law as per object of legislation  & meaning applicable to clause . The necessity of interpretation occurs when any ambiguity appears in law and  meaning of legal word , clause , object of law are considered the basis of interpretation of law , In our constitution the interpretation of law when differs in multiple opinion with regard to constitutional matters ,then a  reference is made to constitutional bench of Supreme Court ,  supremacy of Supreme Court in interpretation has final verdict and subordinate courts obeys the interpretation of Supreme Court and high courts as enshrined in constitution  The judgements declared  by reference are very important judgement upon law whether reference made to high court by subordinate court or single bench to higher bench of high courts or Supreme Court : It is not essential that in every case references are made to higher court , our high courts and Supreme Court interpret the law in decisions : The binding nature of law where legislation was passed on the subject listed in concurrent list of constitution , meaning thereby when state and Center both have authority to enact law then both law persists and if law made by state differs or not in consonance with central act what would be binding effect or the procedure adopted in state law differs from Center then which law or procedure would dominate : supremacy of centre as enshrined in our constitution : The dominance of Center in enactment of legislation always followed : The latest judgement by Supreme Court decided in case titled Asset reconstruction company (India) Limited v/s S.P. Velayutham & others SLP number 19662-19663 /2021 dated 04/05/2022 :The relevant

judgement of division bench of Madras upheld in the case  

where interpretation of sec 32,(c) 33,(1), 34 (3)(c) registration act interpreted : In central act there is a mandatory clause for registration of document but in few states some documents are optional for registration : Authenticity ,  are to be seen at the time of registration by registering authority : In this case legal document was discussed , Power of attorney before to be registered on behalf of agent authenticity should be adjudged , if a person brings power of attorney then authenticity should be checked whether the people bringing the PA was of a disable person ,was produced before notary , Indian Counselor authorised as per clause and thereafter it’s registration may  be carried out through its agent having authority in this regard while checking its authenticity by registering authority, The mortgage of Indian Bank  declared not valid : In the subject case power of attorney was not having clause of sale and sub registrar registered the sale deed without the rights in PA thus  authenticity of PA  not checked by registering authority   regarding rights of sale : it was bounden duty to check the document as per sec 34(3)(c) before registering the document :similarly number of cases where our high courts and Supreme Court interpreted the law

 

Departmental enquiry decisions

 Decisions of departmental enquiry are generally challenged in courts but finally there are few cases where court interferes and management wins these cases finally in battle : The important thing is the legislation : these departmental decisions against employee are challenged in writ jurisdiction having limited scope : In writ jurisdiction under art 226/227 of constitution , court  don’t sit and act as an appellate court  : If  the procedure adopted in departmental decision was against natural justice it can be decided in writ jurisdiction and directed to authority to decide in a justified manner : The case of three judges bench titled State of AP v/s Ramarao reported in AIR 1963 s.c page 1723 in which it was held that it is not the function of court to review the evidence :Similarly in another case titled BC Chaturvedi v/s union of india reported in 1995(6) SCC at page 749 it was held that the  power of judicial review doesn’t mean that court has appellate power to re appreciate the evidence but it is to be seen that rules of natural justice are followed : When an enquiry is conducted against delinquent officer , neither strict rules of evidence act applies nor proof of facts applies to disciplinary proceedings : In another judgement titled union of india v/s P Gunasakhran reported in SCC ( 2015 ) 2 at page  no 617 ,The  parameters are described  that high court shall not 1)re- appreciate the evidence 2) inter-fare with the conclusion of enquiry in case enquiry has been conducted in accordance with law 3) go into adequacy of the evidence 4) go into reliably of evidence 5) interfere with any legal evidence upon which any finding is based 6)correct the error of fact however grave it may be 7) go into the proportionality of punishment unless it shocks to conscience , further it was held that the standard of proof is different in departmental enquiry comparing with criminal proceeding and acquittal of delinquent from criminal proceedings from benefit of doubt does not absolve his liability in departmental proceedings , 

In recent judgement title sbi v AGB Reddy supreme court up held the principle declared in the case AP v/s Rama Rao reported in AIR 1963 sc page 749 that it is not the function of this court to review the evidence  

Supreme Court held in case sbi v AGB Reddy appeal number11196/2011 decided on Aug 24 , 2023 and set aside the judgement of single bench and division bench of high court and accepted the appeal of sbi and held that court would not interfere in the  deptt enquiry concluded by Enquiry officer / management /appellate court  as the function of court is not to appreciate the evidence in writ jurisdiction 

Supreme Court held in civil appeal number 2518/ 2012 titled State Bank of India & ors v/s P.Zadenga decided on dt 3/10/2023 that acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings 

It was held in this case that nature of proceedings being wholly separate and distinct 

Role of Logics in legislation

 Logics play a vital role in the success of a case presented before adjudicating authority by lawyer : Logics supported by law and facts presumed in a winning of the  case : some time admissions against pleading give rise a draw back  in winning the case due to law of estoppel: Every case has its own history and produced for adjudication before competent authority as per law : some time two authorities have power to hear the issue and who would override the provision and to stop the parallel hearing provisions are followed : Lawyers are  people of having wisdom in the sense they know that the relief would be granted by adjudicating authority on their logics : when their are two legislation and one is time consuming in process and other is speedy then lawyer suggest the relief where process is speedy so as to bring their fame in profession , some time laches on the part of  client makes fatal to case : some time opposite party plays like game of chess and uses in deciding interim application up to appellate authority and lastly resorted  in appeal or writ jurisdiction : while a vigilant lawyer watch the right strategy for wining a case of his client : Discussing about two parallel legislation and overriding effect of one of legislation upon other legislation gives rise to weak legislation to other affected legislation : A proper appraisal would be  better about two legislation : Both legislation are of central act : Debt recovery tribunal act of banks and other is National company law tribunal : Banks uses recovery under securitisation  act and finally by filing petition under DRT act , The process goes up to auction and before final sale , the opposite party goes in NCLT and as per provision all proceeding becomes stayed due to overriding effect of provisions :  Now all procedure finally completed in liquidation and it results  in non fair value due to depreciation of assets for the financial institutions: These are all tact which are played  in litigation , but delay on the part of banks makes depreciation in assets 

Soul has power of divine consciousness

 Soul has power of recognition and by virtue of this power enters and lives generation to generation : Soul lefts body after the time period of body and enters another body : This process is running since the evolution of our nature : Soul knows his previous life but we don’t think about it :  soul rotate their life in the particular family and comes in  new born baby in family after living their previous body : The soul does the process of completing  half work done in past life and also repel the mischievous  act done in last life by others : The karma theory says whatever do you would get so , meaning thereby that whatever  we reap as we sow This cycle in nature never ends and to become out from this circle requires to control upon acts originating reaction , The science also says in their research that every action has reaction : The most important characteristics of soul that it recognises their past act and accept the act done in present , favourable or unfavourable :