Tuesday, February 24, 2009

CANON OF PRINCIPLE OF NATURAL JUSTICE

PRESENT REFERENCE- B-5/C/25 Feb
SERIES- B-5/07 FEB

BACK REFERENCE B-5/b/25 Feb

The courts has been subjecting the contracts to JUDICIAL REVIEWS more and more to assess the reasonableness of terms & conditions of contracts as well as to assess the legality of examption clauses as brought out earlier. The courts have not been hesitant to pronounce a contract void on legal grounds or repungent to the principle of fairness therefore it becomes all the more important to analyse the canons of fairness.These are as under-

a) No man should be judge in his own cause.

b)No man should be judged without a hearing.

c)Every judge should be free from bias.

d) A court should sit in public.

e)The reasons should be given for decisions.

f) The decisions should be based on evidence of probative value.

g) The defendants are entitiled to legal representations.


The above rules can be summarized as that" justice must not only be done but be seen to be done."The concept of principle of natural justice varies in its requirements as the views of society change.Now have a look on the following judgements-

a) Lord Esher M R defined natural justice as the natural sense of what is right or wrong. Year 1885

b) In 19 th century, Lord Campbell C J defined the right of support which a landowner enjoys against his neighbour for his land , unencumbered by buildings ascribed to natural justice.

c) In this century natural justice has been invoked in discussions of parental rights arising from guardianship by nature and nurture. Year 1931

d) In the house of lords natural justice in the wide sense has been used by Lord Pearce in cases involving the right of crown to destroy property in war time. Year 1965

e) Lord Denning M R described the taking advantage of ones own wrong to acquire the title to land as contrary to equity and natural justice. Year 1975

Thus we find that the concept of natural justice not only varies with time span but also in a given time it varies from case to case. The decision of Justice Kerr J in a case in 1975 is relevant to quote here " there cannot be a technical breach of the rules of natural justice since that concept relates to matters of subatance, not tecnalities." In the modern world the international tribunals have recognized them as " general principles of law common to civilised communities." They are enshrined in Article 10 of the Universal Declaration of Human Rights, Article 14 of the International Convenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights.

Lord Reid in a judgement in 1971 have noted that " it is now well recognized that the court has power to expand procedure laid down by statute if that is necessary to prevent infringement of natural justice and is not plainly contrary to the intention of parliament." The scope of application of principle of natural justice has very vast and universal application and the judiciary is not only well aware of this but is cautious to the probable misuse of this principle. Take a view of the cautionary note recorded by Lord Megarry J in a case in 1971-
"the principles of natural justice are of wide application and great importance but they must be confined within proper limits and not allowed to run wild."

To be continued

Sunday, February 22, 2009

concept of principle of natural justice

B-5/b/23 Feb

THIS IS A SEQUEL TO MY BLOG B-5/07Feb WITH BACK REFERENCE AS B/5/a/ 14 Feb.


During the course of development of Concept of Contract, the opinion in favour of Freedom of Contract has gained the momentum and acknowledgement. The freedom of contract has three basic components-

a) Freedom of choice in the sense that nobody was bound to enter into any contract if he did not choose to do so.

b) Freedom of choice in the sense that everyone had a choice of persons with whom he can contract.

c) Freedom of choice in the sense that people could make virtually any kind of contract on any terms they choose.


The freedom of making the terms of contract has greater ramifications and there used to be consideration of public policy, with the courts having the power to declare contracts to be ineffective if it was repungent to public policy.Now it has been legally accepted that every man has a right to break his contract if he chooses to do so provided he elects to pay damages instead of performing his contractual obligation. Further now the courts have accepted that even where a contract is entered into by an agreement , it does not necessarily determine all the contents or scope of contract. These matters are to be seen with respect to implied terms which means terms may be implied in FACT OF CASE OR IN LAW. Terms implied in fact are based on the intention of the parties whearas terms implied in law are imposed by law directing the parties to exclude a function which is contrary to the Law as interpreted by courts.

The inequality in the bargaining power of the parties involved in a contract and their further perpetuation in the society as exhibited by Government Contracts ,the courts have accepted the view that interference with freedom of contract is often justifiable even on strict economic grounds. Now the courts has been gradually more and more looking into the surronding facts and examining reasons for decisions of the parties to enter into a contract and to judge their reasonableness by objective tests.

The market forces in play in economy has brought out the necessity of devising Standfard Form of Contract. The idea of an agreement freely negotiated between the parties has given way to the necessity for a uniform set of printed conditions to be used time and time again wherein one party receives a standard form of contract devised by the other party which he must accept as it is or go without it. The freedom of contract is absent or at any rate exists on one side only against those contracts entered into based on printed condition of standard form of contract. Why it is so?Because the contractor has no liberty to discuss any of the printed conditions nor any liberty to vary the terms in any way. It is not untill that some dispute arises when he realizes how few his rights are.

The courts have made endeavour to rectify this lacunae by requiring certain standard notices in respect of the onerous terms of contract. The inequality in bargaining power in Government Contracts have led to the inclusion of certain terms which cannot be said to be fair and reasonable. Today the freedom of contract is being viewed by courts in different light and individual interests have been made to subserve those of the community. The Law today interfere at numerous points with freedom of the parties to make what contract they like.One extremely common and troublesome feature of the standard form of contract is the presence of an Exemption Clause which often provides that the organisation is not to be liable in virtually any circumstances whatsoever. This is where nowadays the courts are intervening a lot through judicial reviews and this is where a officer formulaing the terms and conditions of contract has to be very -very carefull.

Friday, February 13, 2009

CONCEPT OF CONTRACT

B-5/a/14 feb

THIS IS A SEQUEL TO MY LAST BLOG NUMER B-5/07 FEB, TITILED" WHAT CONTRACT IS"

There is no doubt that the meaning and interpretation of contract has been changing over the centuries,right from the time of Chandragupta Maurya till date.The evolution of contract has been a interesting journey. In the era of King Maurya the essential element of contract were free consent and consensus on all material terms and conditions. The voidability of contract was governed by-a) contract formed during night, b) contract entered into the interior compartment of a house, c)contract made in a forest ,d) contract made in any other secret place. There were certain exceptions to clendestine contracts like to ward of voilence, in connection with marriage, under orders of government & by purdahnashin women.

During the Mohammedan rule the essential element of contract were that one party should make a proposal and other should accept it which means that minds of both must agree. The Muslim Law of contract were further reviewed after the grant of regulations and charters by the Britsh Crown to the East India Company. This eventually led to the enactment of Indian Contract Act of 1972 which is being followed till date.Indian Contract Act was drafted in England whereby Englih Law of Contract permeates it.This can be understood easily by Blackstones commentary on the laws of England when he treated contract as one method among others of acquiring a title to property. To blackstone, the law of contract was rather a subdivision of the law of property than an independent branch of law.

During 15th century the concept of contract had primarily evolved arround the action on DEBT. The writs were centered arround the claims for the price of goods sold and delivered. The essential feature of the that writ was that the claim was for money compensation for benefits derived. During the 16th century the concept of breach of contract was derived though it was not in terms of todays interpretation and it was primarily focussed on the disputes arousing out of claim for money compensation. Most of the general principles of English Law of contract were generated in 18th & 19th century. The judges in 18th century interpreted the theory of natural law to mean that men had an inalienable right to make their own contract for them selves and the freedom of contract was a prime idea into this.

The noteworthy feature of English Law of Contract is that it ia SINGULAR. This means that all contracts irrespective of their content or subject matter are governed by the same rules which interalia brought the need of uniform civil code for all citizens irrespective of their caste & creed.
The journey of English Law of contract has been through CONSENSUS theory and WILL theory by the end of 19th century. The Consensus theory emhasized that the source of the contract as the will of the parties, the contract depended entirely on the intention of the parties which means court does not make the contract for the parties it merely enforces that. The court had no power in making of contract which means court had no role in judging the fairness in construction of contract. The Will theory got ingressed in concept of contract in 19th century end whereby it was accepted that every promise made intentionally is binding and enforceable. The examination of the construction of promise in a contract empowered the courts to judge the fairness of contract also which was missing in the Consensus theory. Now the contract was executionary in nature wherein a party was liable not because of anything done at the time of entering into the contract but because of his promise or intention to do something in future. The importance of intention in the formation of contract had led to the formulation of WILL theory.

WE should not forget that the Indian Contract Act, 1872 contains the principles of English Law which are frozen . It means that that these are incorporated in the act as these were in 1872 at the time of drafting of the act. This is where the interpretation of contract in terme of its meaning becomes of prime importance. During 20th and 21st century the various judgements delivered by judges has altogather has given a different meaning to the concept of contract. In this era a contract can be defined as a combination of agreement and obligation. A contract is an agreement made between two or more parties which is intended to be enforceable at law and is constituted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act.

The evolution of free market in the current economy and in the society has altogather added new concept to the meaning of contract.The classical concept which can be termed as original concept of Indian Contract Act or English Law did not take into account the inequalities in the bargaining power between parties entering into contract.Though parties are assumed to be equal before the law but in reality thay are not. The economic power plays are vital role in creating inequality among the parties.The increasing gap between theory and reality of developing society had its particular effect on the meaning & interpretation of law of contract.

There is a pathetic contrast between the law of contract as it is and the modern contract as it functions in society today.In todays society it is a accepted fact that the agreement should be binding and must create legal relationship of contract. e.g. acceptance of an invitation to dinner is not a binding enforceable contract as it does not create a legal relationship. Take another example where some situations are considered as contractual even though genuine assent is missing like cases of appending signatures on unread documents.

AS OF TODAY the law of contract does not prescribe the rights and obligations of the parties but imposes a number of resrictions subject to which the parties may create, by their contract, such rights and obligations as thay may agree as long as they do not infringe the legal prohibition. Here we see that the meaning of Freedom of Contract has again changed in todays world as compared to the meaning which was prevalent in 18th century.The law is now viewed as a positive instrument to achieve justice.The enshrined principle of contract that one should abide by ones agreements and fullfils ones promises is now being governed by another principle ,i.e. ONE SHOULD NOT TAKE ADVANTAGE AF AN UNFAIR CONTRACT WHICH ONE HAS PERSUADED ANOTHER PARTY TO MAKE UNDER ECONOMIC OR SOCIAL PRESSURE BECAUSE IT PROFOUNDLY AFFECTS MORAL & LEGAL IDEAS ABOUT FREEDOM OF CONTRACT AND SANCTITY OF CONTRACT.

THE GOVERNMENT CONTRACTS primarily falls in this category and are subject to scrutiny by courts on the abovesaid principles. Not only the construction of contracts are subject to judicial reviews but in case of disputes the arbitrators are also guided by this very foundation of the concept of contract as it is today.

To be continued

Friday, February 6, 2009

WHAT CONTRACT IS

N-5/07 FEB
CONTRACTS

This is a aspect of life which has been in practise since time immemorial. take a few examples-

a) A person in barter system exchanges 10 kg of rice with 100 kg of firewood.It has few noticeable attributes-1) the rate of exchange is predetermined,2) quality of product in exchange is known to both the parties.3) the barter is always conducted in presence of others and this condition is automatically met by virtue of this transaction so there is a witness,4) the missing thing is a written document5) the barter was a recognised form of transaction in society so it had social sanction.
IS IT A CONTRACT? Yes it is contract in every aspect.

b) You go to a shop and purchase rice , 10 kg in quantity for rs 400 then take a cash memo and pay for it. Now see the attributes, 1) the shopkeeper has displayed the rate of sale of rice, 2) the shopkeeper has kept the goods displayed or has kept the sample,3) the purchaser notifies the quantity he intends to purchase.4) the seller signifies his agreement to sell the desired quantity indirectly as he accepts the quantity asked to be sold 5)the purchaser pays for the amount on productuion of cash memo6) the shopkeeper accepts the money and mark the cash memo as paid.7) the purchaser takes over the goods. 8) there is no other document except the cash memo.

IS IT A CONTRACT? Yes, it is.

NOW take another example.

c) You go for a life insurance policy. you search for a policy provider and your policy document is readied. Your policy starts. SEE the attributes-1) there is a policy provider who displays in advance his mandate.2) the policy purchaser accepts that mandate in his mind while selecting the policy provider.3) the policy purchaser signifies his agreement to mandate by approaching policy provider and filling up the form.4) the policy purchaser completes his obligation by paying the premium. 5) the policy provider hands over the policy document and receipt for premium.6) the person becomes a policy holder which will run for its terms.7) there are two documents- policy bond and premium receipt.

IS IT A CONTRACT? Yes it is.

Thus we find that in our daily life we execute the contracts every now and then. sometime knowingly and somtimes unknowingly. from these transaction it is not difficult to see the various components necessary for entering into a valid & sustainable contract. But the real question which comes into picture is that at a given time what attributes are being termed as valid& sustanable and what are NOT. This ASPECTS not only changes with passage of time but it changes also from place to place i.e. from society to society. The principle of natural justice which has been taken from Britsh Law in 19th centuray, has been a changing concept over time in British society itself from 19th centuray to 21th centuaruy. the interpretation and meaning of principle of natural justice has been changing from muslim society to Britsh society to Indian society to african society. What is found to be totally unethical in Britsh society today & for that matter Britsh Law has been found to be ethical and socially acceptable in muslim society in GULFand elsewhere.
In most of the societies the agreement entered into between two parties with free will & consent has been termed to be a valid contract which is legally enforceable. BUT THE MILLION DOLLAR QUESTION IS- is there really free will existing?
Now take example of a contractor who wants to take up the work in a society where claimants for work are two many and works is less and there is a one person also who has the authority to award the work. OR take a example where there are few contractors who specializes in some specialist work for which a lot of scope exists in the society are available. The idle situation enshrined in constitution where both the parties are equal and enter into contract with free will - really does not occur in reality. There is bound to be two unequal parties in a trasaction and then how there can be free will existing between two unequal parties. Then how the contract can be termed as legally sustainable and enforceable. These are few parameters which comes into picture while framing the contract document and while making the contracts.

Let us take from here on very first point,i.e. Principle of Natural Justice. this becomes of more importance since most of the countries including India follows the Britsh model of Law. You see first ,how the meaning of natural justice has been changing in the British society itself from 19th century to 21 century.

This series will continue and we will share views threadbare in every ascpects of contract.
To be continued

an interview with god

Friday, February 6, 2009

AN INTERVIEW WITH GOD
B-4/06 FEBI happened to be lost sometime back in my abstract thought and searching for way out of jungle, meanwhile it got dark. to pass the night i happened to enter i cave where i tumbled upon a gentleman sitting quietly in a corner. I did not notice him at first then i found that there is somebody too besides me. Offcourse there was darkness but some light like moonlight was arround the gentleman. Now have a look ,how the discussion proceeded-Stranger- who are you?Me- I am vimal goswami.Stranger- no, no ... that is your name but who are you?Me- I am an engineerStranger- no,no... that is your qualification but who are you?Me- i am a director posted in a projectStranger- no, no that is your designation but who are you?Me- i am a central govt employee working in BRO.Stranger- no, no... that is your employment, profession you know but ....Me- i am a brahminStranger- no,no.. that is your caste but...Me- i am son of shri...Stranger- no, no that is your relation but...Me- i am from UPStranger- no. no.. that is your place of residence but....Me- i am hinduStranger- no no ... that is your religion but....?So the dialogue was going like this, i was swetting to show my identity. I had tried all possible identification coming to my mind then all of a sudden some thig new ocurred to me.Me- look sir, i am humanStranger- Really! but you do not look like, what do you call yourself human, after all it is a yoni only.Me- i have two eyes, mind , brain, legs ..etcStranger- no ,no you are mistaken. in fact that is your body but after all who are you?Me-i am like a machine ,i need air to breath, food to live and so on ....Stranger- no ,no.. machine can not work for indefinite period. they have to be dicarded after some time but in your case if your body"s part are given to another person just after your death then still works. so who are you?Me- sir, inside me there is something which goes out of the body at death, I am that thing.Stranger- ok but what is that? let me knowMe- that is atma which goes out. when it is out then i am no where. i am actually atma.Stranger- ok, how does look like atma? can you describe?Me- No sir, actually i have not seen it but it is there in me.Stranger- how can you say that?Me- i do not know ,sirSuddenly i remenbered something and exclaimed-Me- yes sir, now i remember. it is God inside me and i am that.Stranger- May be, but actually i am God.Me- Sir cannt it be that you are inside me ? May be the thing outside like you is inside me too. yes sir, i am that onlyThen i started coming to my senses. i was tellying him that i am sure god is inside me and i am that. in fact i am God.Then stranger reacted, there cannot be two GOD. God has to be one. i said let us decide first that how many Gods are there.To this the stranger got annoyed and dismissed me by saying that first you learn to introduce yourself then come for interview.Better next time.Ihad no option but to leave the place. when i came out ,found that it was dawn and twilight was there but now there was complete darkness inside me. I was ashamed that after so many years, educationm, maturity i could not even introduce myself to a appearingly illterate person.CAN ANY BODY INTRODUCE MYSELF TO ME?BALACE NEXT TIME

AN INTERVIEW WITH GOD

B-4/06 FEB
I happened to be lost sometime back in my abstract thought and searching for way out of jungle, meanwhile it got dark. to pass the night i happened to enter i cave where i tumbled upon a gentleman sitting quietly in a corner. I did not notice him at first then i found that there is somebody too besides me. Offcourse there was darkness but some light like moonlight was arround the gentleman. Now have a look ,how the discussion proceeded-

Stranger- who are you?
Me- I am vimal goswami.
Stranger- no, no ... that is your name but who are you?
Me- I am an engineer
Stranger- no,no... that is your qualification but who are you?
Me- i am a director posted in a project
Stranger- no, no that is your designation but who are you?
Me- i am a central govt employee working in BRO.
Stranger- no, no... that is your employment, profession you know but ....
Me- i am a brahmin
Stranger- no,no.. that is your caste but...
Me- i am son of shri...
Stranger- no, no that is your relation but...
Me- i am from UP
Stranger- no. no.. that is your place of residence but....
Me- i am hindu
Stranger- no no ... that is your religion but....?


So the dialogue was going like this, i was swetting to show my identity. I had tried all possible identification coming to my mind then all of a sudden some thig new ocurred to me.

Me- look sir, i am human
Stranger- Really! but you do not look like, what do you call yourself human, after all it is a yoni only.
Me- i have two eyes, mind , brain, legs ..etc
Stranger- no ,no you are mistaken. in fact that is your body but after all who are you?
Me-i am like a machine ,i need air to breath, food to live and so on ....
Stranger- no ,no.. machine can not work for indefinite period. they have to be dicarded after some time but in your case if your body"s part are given to another person just after your death then still works. so who are you?
Me- sir, inside me there is something which goes out of the body at death, I am that thing.
Stranger- ok but what is that? let me know
Me- that is atma which goes out. when it is out then i am no where. i am actually atma.
Stranger- ok, how does look like atma? can you describe?
Me- No sir, actually i have not seen it but it is there in me.
Stranger- how can you say that?
Me- i do not know ,sir

Suddenly i remenbered something and exclaimed-
Me- yes sir, now i remember. it is God inside me and i am that.
Stranger- May be, but actually i am God.
Me- Sir cannt it be that you are inside me ? May be the thing outside like you is inside me too. yes sir, i am that only

Then i started coming to my senses. i was tellying him that i am sure god is inside me and i am that. in fact i am God.
Then stranger reacted, there cannot be two GOD. God has to be one. i said let us decide first that how many Gods are there.
To this the stranger got annoyed and dismissed me by saying that first you learn to introduce yourself then come for interview.Better next time.
Ihad no option but to leave the place. when i came out ,found that it was dawn and twilight was there but now there was complete darkness inside me. I was ashamed that after so many years, educationm, maturity i could not even introduce myself to a appearingly illterate person.

CAN ANY BODY INTRODUCE MYSELF TO ME?

BALACE NEXT TIME

Thursday, February 5, 2009

ASTROLOGY

B-3/5FEB
ASTROLOGY

THE subject astrology has its origin in ancient indian astronomical science with a breakthrough of invention of 0, called zero, without which the world would have been a big zero. the law of nature is -whatever is destroyed that can be created too. in other world the cycle of evolution will stop if there is no new begining. in other world we can say that if death is not there then birth wont be there too.
Astrology is a combination of mathematical science plus emirical science. the mathematical part governs the calculation of position of various planets as well as their degrees too. and emirical part, developed over the centuries by scholars , assess the resultant effect due to plenatary position.

The prime theory is that whatever is the planetary position of planets at the time of birth ,i.e. the moment when he comes out of the womb, affects the development of the person born. the effects of rays on the person of the cluster of planets falling first time on a new born governs the life to be led by the life born. thus a careful study of the planetary positions, their degree, their movements carries with them a blue print which can be termed as genetically coded blue print like a small seed containing the gentic blue print of a full grown tree (which can be interprted by scholar known as astrologer). next part becomes very simple to understand that since the planetary position for a person becomes a fixed entity then its interpretation would reflect the course of events in the years to come ,just similar to the analogy that when you sow a particular seed you know in advance that which type of tree it is going to develop and which type of fruit it will bear, what would be the life of tree etc, etc.THIS THEORY HAS ONE SERIOUS SET BACK WHICH NONE OF ASTROLOGER ANSWERS CONVINCINGLY, ME TOO. we calculate the plantary position at the time of birth based on planetary movement with the use of astronomical science. no doubt it is the present position in the orbit of planets whereas the light which comes into contact of a new born is those rays which have different-2 time effect.
To elucidate it - the planets are very far away to be measured in terms of light year. the rays from these takes from years to decades to react earth. then since the every planet is at different distance then the cluster of rays reaching earth at any given moment have travelled defferent distance in defferent time. you understand this way that some of the rays eminated from a planet woud reach earth by the time when a short lived person would have even died.
then what is the fun?
Barring this question, everything is ok. Let me assure you as a astrologer, the pridictions based on astrology comes true with remarkable accuracy provided you have right person in hand with no vested intrests. Today the so called astrologers have brought a lot of bad name to this pristine and precious science because they are misusing it for their narrow gain.
NOW let us come to basics. there are various types - predictive astrology, arood astrology, medicinal astrology whereby the prdiction of occurrence of affliction, its time and cure is predicted. this is the more advanced branch with most objective prediction and most definite results. there are 12 houses in the birth chart with 9 planets placed into it. the 12 houses govern 12 segment of life e.g. 10 house govern your profession, 1 house your physique and appearance, 4 house mother and ancestral property, 5 house progeny, 6 house disease, 7 house marriage and love life and so on. these planets are at different degrees and the period of movement of planet which is called mahadasha is also varying from person to person. The mahadasha has various systems like cycle of 120 years called vinshottari mahadasha( mostly used), ashtottari mahadasha which is of 80 years and so on. If you think carefully though it appears simple but it leads to million of combinations.In short, thats why there are millions of person with individualistic life, happenings in the life time etc.
This science is like genetic code in the the genes. Basically you study genealogy of persons living in millions through astrology.

TWO BASIC QUESTIONS-a) why it is so that two persons born at same time at same place takes birth in two widely defferent households? and then why these two persons life which is to come in future years vary so vastly?

b)Take example of seed. A Particular variety of seed does not always fructify in similar fashion.F or example we take the same variety of seed and sow them in defferent environment,one be thrown in river, another be sown in barren land and the third in the good arable land. we know well that though the seed is same but it will have three defferent results/output. WHAT IS THAT FACTOR WHICH GOVERNS THAT WHICH SEED IS TO BE SOWN WHERE?

THINk till will meet next time. To be continued

Tuesday, February 3, 2009

what are gems?

B2/09/04 feb
i have started recently my blog. my views would be on various subjects very diverse and interesting. i would be giving a number to each blog. the comments and discussion can be generated blog numberwise for the ease of reference.

today something on gems. Technically speaking these are minerals but all gems are not minerals, few of them are fossils, wood and even calcareous material. to give you an idea, gems are primarily 9 in numbers representing nine planets( according to indian astrology- in western astrology there are three more planets) and there are odd 200 semi precious gems representing those nine planets only again.the properties of gems are different from each other for obvious reasons- mineral composition. these gems are being used on human body since time immemorial to ward off evil spirits, as said in ancient time, or to ward off evil effect of planets, as said now in modern time. THIS is the point where thought process generates- does these gems have really effect on human life? if yes, then how?, if not then whether people have been superstitious by following/using them? how is it possible that the very advanced civilazation of world like harrappa, aryan culture of asia or egyptian- whose technical and scientific advancement is acknowledged by even todays modern world were so backward & superstitious in this particular aspect of life?

Let us expand horizon of our thinking. if the gems affects human life then does this has effect only on our earth ? there are numerous earths in every galaxy in universe and not only that there are numerous universe too. let us forget about planets- every earth has a sun and every earth has numerous planets. it would be even difficult too count them. what about them? if there are life in some form and it is bound to happen we even do not know which type of human beings are they? if we can say so. you never know - they can be in the form of energy to materialise themselves at will in any form. if it may be so then only god(offcourse ours) knows, in which form their gods are existing? what system of rituals they are following? And top of it- whether our gods shankarji or prophet mohammad or jesus christ do have citizenship in that universe or not? it migh happen that there form may be totyally different there? so different that even we can not recognize them! Or they might be in the form of energy only?

After all who is the administrator of this complete cluster ? definitely there will be a system. logically such a vast system can not be run haphazardly without well defined rules, law etc. we cannot even run our house hold without systematic ways.So whether he is the GOD running the complete show behind the curtain whome we even do not visualise?

Are these things are not mind boggiling? or these are the creations of human mind only? if so then cannt we say that human brain is the most powerful , virtuous thing? but again, we are not sure how many types of humans, as we termed, are existing in the universe? then whose mind is to be reckoned as the supreme adminstrator of universe? AND AFTER ALL WHERE DO WE STAND AMIDST ALL THIS?

then the circle may completei.e the point from where we started all this discussion. that is how does gems really work in tandem with planets in universe on human? may be it might work on ani mals also after all they also have life and the inert materials like gems, planets have no sensors to discern one type of life from another?

before you conclude reading- do not forget most advanced civilzations of world have been adopting this system whoom we even salute today for there technical expertise and scientific advancement. you can find gems on the body of egyptian pharowah in their grave even today.

ARE THESE THINGS NOT FORCE YOU TO SCRATCH YOUR intellegence ? think!

till we meet again

Monday, February 2, 2009

you know what life is

the life has become so demanding and fast that one does not have even time to know about himself. what some body wants from life is a tough question to answer and it is even tougher to know what for we are existing? these questions can be analyzied in the materilistic world as well as philosophical or religous or philanthropic terms. it all depends how to look at this question and how your mind has been trained by environment to interpret the meaning of this aspect,
let us first take a radical view of this.

we tend to find answer to a lot of things in customs, rituals and religion. why? the answer is simple that here our mind does not raise questions on footing based on logic. for example- we are told do certain things in certain way because we have been ordained to do in that particular way. then we just do it.
if i tell you that raise question- if you are a hindu- is there a shankarji? if so then where he is?
if you are a christian- is there a jesus christ? was he not a man born to a comman person of flesh?
or for that matter if you are a muslim-is there prophet mohammad? was he not a common person of flesh born to a common human being?
i need not be termed a phanatic or something. the point is untill our mind starts questioning the very foundation of hypothesis or common belief, we wont be able to see the light of reality. the moment you accept a thing blindly you start isolating yourself from the possibility of seeing the truth. have we ever thought that what would have happened to this world and to you if these god or godesses or prophets or jesus may not have been in existence. let me tell you that it would have hardly maattered though you may be skeptic of me .
the point remains to be seen that if do not our purposr, our destination or for that matter we do not know ourselves, how would we know others? how would we knopw the so called gods or if i correct myself then the entity accepted as gods?
so the line is very clear that first you have to know yourself. then your purpose of being born. then the goals and destinations to which to strive for. then so non and on and on. lest others come at last. and the others accepted in belief as great one at the very last.

balance next time.