Thursday, October 15, 2009

Motivational

Genuine love and kindness is desperately needed in this world. It comes from appreciating the object, and rejoicing in the object, wanting the object to be happy and well, but holding it lightly, not tightly. And this goes for possessions too. You are in an extremely materialistic society in which the possession of more and bigger and better is held up as the total criteria for being happy. […]

What we own is not the problem, it's our attitude towards our possessions. If we have something and we enjoy it, that's fine. If we lose it, then that's OK. But if we lose it and we are very attached to it in our heart, then that's not fine. It doesn't matter what the object is, because it's not the object which is the problem. The problem is our own inner grasping mind that keeps us bound to the wheel, and keeps us suffering. If our mind was open and could just let things flow naturally, there would be no pain. Do you understand? We need our everyday life to work on this, to really begin to see the greed of attachment in the mind and gradually begin to lessen and lessen it.

in India to catch monkeys. People take a coconut and make a little hole just big enough for a monkey to put its paw through. And inside the coconut, which is nailed to a tree, they have put something sweet. So the monkey comes along, sees the coconut, smells something nice inside, and he puts his hand in. He catches hold of the sweet inside, so now he has a fist. But the hole is too small for the fist to get out. When the hunters come back, the monkey's caught. But of course, all the monkey has to do is let go. Nobody's holding the monkey except the monkey's grasping greedy mind. Nobody is holding us on the wheel, we are clinging to it ourselves. There are no chains on this wheel. We can jump off any time. But we cling. And clinging causes the pain.

--Tenzin Palmo

Thursday, October 01, 2009

Transfer of Property Act_2

Arjun transfers his property to Bhanu for life and after Bhanu’s death to that of his unborn sons as shall first attain the age of 25 years and if no son of Bhanu shall attain that age, to Chandan who is living at the time of the transfer. Decide the validity of this transfer.



As per Section 13 of the Transfer of Property Act, 1882, transfer of property to an unborn person can only take place if before such a transfer; a life estate is transferred to a person existing at the date of transfer. Moreover, it should not be a partial interest, but the entire interest that is transferred to the unborn. The vesting of absolute interest in favour of an unborn person may be postponed until he attains full age. Such an unborn person should get full rights to that property, and no further rights can be created to that property after those of the unborn. Hence, the transfer is valid till it pertains to the transfer in favour of Bhanu, but the transfer to Chandan is not valid, as he is living at the time of the tranfer, while the sons of Bhanu are as yet unborn.

Limitation Act_1

Arpit took a debt of Rs.10,000 from Bharat on January, 1998 and promised to pay by 31st December, 2003. He could not pay such debt within the stipulated time. On 1st December, 2006, Arpit paid Rs.500 as interest against such debt to Bharat against receipt. Bharat filed a suit against Arpit to recover such debt on 15th December, 2008. Whether the suit filed by Bharat is within the period of limitation ? Decide with reasons citing relevant provisions of the law.



As per section 19 of the Limitation Act, 1963, where part payment of debt or interest on debt is made, then a fresh period of limitation begins from that date. The limitation period for loans and contracts is three years. Since the interest is paid on 1st December, 2006, and the suit against Arpit to recover such debt is filed on 15th December, 2008, it is within the limitation period.