Memo Pad - BAF RElated....

To help:

Terms To Be Understood

Gr. A

Concept  OR conception Conceptualiusm

X ASPECT 

WORD

THeory


Gr. B 



Principles

INclusive
Cintextual
UPDATING - predominant

updating of  -
For Construction
 Nothing to be added or deleted
Doing violence - to the language X CONCEPTS

Every Idea is nor a concept or a THeory
Theory- Sceintific  or NO

Term - scientific >

displaying the kind of principled approach characteristic f science- 

referring or relating  OR used in science

based on science - human science ?

Scientology >

religious system which claims to improve  the
 
 Scientism

To one’s mind (personally thinking aloud):

Thinking of a human mind, being the breeding ground of so called ‘idea(s)’, has its 'epicenter' on a ‘concept’, in general ;  rather than on an ‘aspect’.

Even an ‘aspect’ is a concept by itself.  Any ‘theory’, of course, again, is a concept’. But if ‘aspect’ is used as a afffix to ‘theory’ (i.e. ‘aspect theory’, then one is talking about, hence consider/deal with  a combination of  two concepts, meaning /connoting two distinct ideas. Same way, as ‘pith and substance’ is a combination of two concepts, connoting two different ideas.

For dealing with any ‘double concept’, such as ‘aspect theory’, the other controversy inevitably arises for further consideration/deep analytical study is THIS: - Is it a ‘scientific theory’, by any standard or logic,  so as to attach any sanctity, to go by with conviction, remains, as ever, an area of grave controversy.

In the context, one has in mind, for instance, a similar double concept,- though not a ‘scientific theory’,- knowingly so, which has been gone ahead with and given a statutory recognition in framing and structuring the ‘Transfer Pricing’ Regulations. As is common knowledge, and widely accepted legal circles, across the globe, the said regulations are potent with, have given rise to more  and more controversies in recent times and the past decades.

In short, the point of poser herein is, - should not the ‘concept theory’ be preferred, and urged, to contest the validity of the other ‘aspect theory’,- which is said to being preferred by judiciary, for adjudication.  

 (To explore the above further, and expand /dilate the thoughts)

 In the limited Context:

PRIOPERTy
TRANSFER

PURCHASE

TP Act
STATE Acts


Spl. Concepts -

FLAT
APaRTMENT

not to go to dictionary - but what a common man will IN COMMON SENSE understand 

PODAR CAse- UPdating principle wrongly invoked and applied- 
what has been versighted is - thereby the state law has been overwritten

Consequences Galore ?!

READ the ARticle

 

https://www.linkedin.com/pulse/ideology-being-brief-funny-side-swaminathan-venkataraman/?trackingId=NuanSk0%2BUyy8LXTxwmecQQ%3D%3D

https://www.facebook.com/swaminathanv3/posts/1503625633047051?pnref=story

TO BE rtw  THE ONLY  one known  SCIENTIFIC THEORY of PSYCHOLOGISTS ( explaining, in details, the results of a study of 'a human being' , and his 'behavior' as such, in its broadest spectrum)  >

POles _ ASunder ?

  Expert  (Arvind Datar) ON 'Aspect Theory' X 'Pith & Substance' 

KEY Concepts-

Religion

Aspect X Concept  (Should it not be preferable to take/consider , as the better alternative, "CONCEPT THEORY"  (To make thinking easier and less complicated, so amenable to being accepted)

Fundamental - Right X  -Responsibility    OR

Fundamental RIGHT  Of Self  X  THE REST 

RIGHT to PROPERTY -

Conflict- Is  it  a Constitutional - X Fundamental- RIGHT 

 (To Be Contd.)

Mutuality-

Bom Gym ?

Club

Building complex

Is not to be updated – see Podar , etc

Inconsistency – see FB

Why not fit to directly petition to  SC- prayig for consolidation

Bang. Club- wrongly cited and followed in co-op cases

2. Updating THE MOTHER OF ALL OTHER PRINCIPLES

Podar - no updating ; wrong <

What happens say, to podar

Deemed conveyance-

Even MAHA – ROWs say in Pune ?

Datar

INDIAN HUME PIPE ; 194 I , SEC 51; ….

REALLY UPDATED THE STATE LAW- SEE OBSERVATIONS IN- REWRITING

UNLESS DECISION IS GROUNDED ON WHY THE LAW NEEDS UPDATING- IF SO NOT ONE SIDED BUT BOTH- ALSO TAX PAYER- dtc X DTL

JDV – NOTING OF CASE LAW – IMPOSSIBLE IN CHANGED SCENARIO

REFORMS

1921, 1961, DTC A FAILURE- SEE DATAR

POA any thoughts, say, on execution of sale deed or any other if executor were to.. individual, co, firm,  ; who to fall back upon

 AFFIDAVIT- PM AT IT BUT NOT FOLLOWED, WILL …

Rera- not a complete code- st laws to be read

together

Gen

LANDMARK JUDG X ISLAND MARK…

INCONSISTENCY, PRECEDENT NOT APPLIED

THIN LINE BET LEGISLATURE  X JUDICIARY

WHAT TO COVER  IN PIL- WRITs ?

Can kkr find party to file or advise who …

National issue – not state

Constitution – a rethinking on legislative powers- look at rera, gst …

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