bl today - Advaita - mundane x spiritual

9 Jan 
Opinion : Is it a snake or rope? It is a banker

http://www.thehindubusinessline.com/opinion/article2785618.ece?homepage=true#.TwpK1R8Y71E.email

>"But what my Sanskrit teacher at school told me about the ‘Advaita' philosophy of the saint-philosopher, Adi Sankara, is instructive for an understanding of financial markets and retail investor behaviour at the present juncture." 


Regardless of the reasoning, a prima facie oblique, is a stunningly obnoxious write-up. The analogy is inappropriately absurd and goes against the very grain of the topic of discussion purely related to a mundane world, which is obligingly 'base' to the core. Mundane world x Spiritual world> the attempt to draw inspiration from the Saint's preaching is, in ultimate analysis, to say the least, utterly (certainly not butterly!) misconceived, unwittingly or otherwise. For, the very respective starting points/origin of the two concepts - having regard to the underlying objective, aim, ideals and practice, besides the finishing point - goals, are 'poles asunder'. />Such write-ups could help only in further muddling up the already 

adequately muddled thinking.

Source: Info. on Advaita Vedasnta / philosophy @

1. The Advaita Vedânta Home Page - The Philosophy of Advaita

   

   www.advaita-vedanta.org/avhp/ad-phil.html

   5 May 1999 – The advaita philosophy is not easy to explain briefly, and it is not my intention to repeat in a www home page what takes whole volumes for ...

2. The Philosophy of Advaita Vedanta - Nonduality

   

   advaitaphilosophy.blogspot.com/

   27 Feb 2008 – Weblog containing article entries related to the philosophy of Advaita Vedanta as contained in the Upanishads and systematized by Adi ...

3. Advaita

   

   www.enlightennext.org/magazine/j14/advaita.asp

   Advaita Philosophy, or Vedantic Nondualism has become, along with Buddhism, one of the most popular spiritual paths being pursued by those interested in ...

4. Advaita Vedanta

   

   www.vedantaadvaita.org/

   written by D. Krishna Ayyar, the complete text is available on-line. Despite claiming to be 'for beginners' this is very comprehensive covering practically any topic ...
5. A GLIMPSE>

Q
Sankaracarya is the first and foremost commentator of the prasthaana traya, the Upanisdhads, the Brahma Sutra and the Bhagavdgita, in the school of interpretation called Advaita Vedanta (non-dualism).The presentation in the main paper and Appendix contains the methodology of teaching (prakriya) called aabhaasa vaada.  In abhaasa vada, the jiva and Iswara, the  two sentient entities on the empirical (vyaavahaarika) plane, formed by he reflection of the original consciousness that is Brahman in Maya and intellect, respectively, are regarded as different from and of a lower order of reality than the  original consciousness that is the absolutely real (paaramaarthika) Brahman. It is important to bear this in mind while reading this paper, because the approach in regard to the concept of jiva and the creator is different in other prakriyas.
UQ


To talk of 'true reality' or 'false reality' makes no sense, being marred by superfluity; anything is untrue or false, if it is 'unreal' -as opposed to 'real'. 

Lawyer - THE HELPER in CASE LAW MAKING (!)

TG
Ombudsman for Legal Sector

Posted: 09 Aug 2011 06:32 AM PDT

Comment :

August 11, 2011 At 8:07 Am

The following words, rich in soulful wisdom, of late N A Palkhivala, an eminent legal luminary of our times, may be worth recalling:

“In a vast democracy like India, many citizens are bound to be un-dimensional. But no Lawyer has any excuse for being un-dimensional. By his training and equipment and by his professional competence he is better qualified than the rest of the citizenry to take an active part in the making of laws and the formulation of public policies. He would be failing his country if he did not do this duty.
The lawyer has to act as a catalyst. The responsibilities, which today, lie on the shoulders of the lawyers, are far greater than at any earlier time in world history.”


The above quote from a published speech on the topic – ‘Sentinel of democracy’, delivered nearly four decades ago, is indisputably of greater relevance today than ever before; essentially so, regarding the importantly increasing role lawyers have to play in the making of case law by courts.

The same wishful thinking came to be aired by no less a person than a Finance Minister(if one remembers right, it was the former one), not long ago. As per a personal noting, the information gathered from a Press Report was that, in his address at the Silver Jubilee function of the Customs, Excise and Service Tax Tribunal, the FM said:
“We are concerned about the quality of government representation and looking into it. With globalisation, complexities of transaction will increase and it is important to have good quality government representation. Many judges have told me that the quality of their judgments was as good as the lawyers appearing before them,”

The reported proposal to appoint an ombudsman mooted by the men presently in governance may be, in a manner of speaking, considered as a right action aimed to ‘kick the ball’ that had been in the Government’s court.

Recent literature on an equally recent concept of wide concern- 'corporate governance'

icl Tuesday, August 9, 2011

Recent Literature on Corporate Governance

The literature is, going by one's understanding, centrally, albeit not explicitly, focused on, - the most crucial aspect namely, the role of  'human element'- its basically inherent  characteristics - strengths and weaknesses. Also on -  why, having regard to its overriding role in 'governance' , it is the most important of all to be borne in mind -suggesting, perhaps, that in the matter of framing policies, conceiving of , and to the end of bringing about, any legislation.

If such understanding is any where close to/fairly reflects the 'burden of the literature'- then the litetrature deserves to be commended as a 'holistic', may be the only possible, practical approach! -Subject, of course, to what view those 'experts' -particularly, the ones who happen to be on the same wave length- have to offer, to the discerning readers at large!


Related:
BL 10th - BSR
August 10, 2011

Pulling companies out of the rut

Two write-ups recently came to my notice, purporting to set out new, and even game-changing, approaches to management of organisations, with the aim of pulling them out of the ruts into which they...

 http://www.sc.com.my/main.asp?pageid=1087&menuid=&newsid=&linkid=&type=

Extract:

6.1   OVERVIEW

Good corporate governance is shaped by the complementary and interdependent efforts of all

stakeholders. The efforts of regulators in strengthening the legal and regulatory framework and

ensuring effective supervision and enforcement are just one part of the overall measures required to

strengthen corporate governance. Companies, shareholders and reputational intermediaries need

to step up their efforts in exercising their respective responsibilities for ensuring good governance.

In this context, self and market discipline must complement regulatory discipline to ensure integrity,

confidence and fairness in the markets.

Regulatory discipline is no substitute for the need for capital market participants to govern

themselves responsibly. The cost to the market of over-dependence on regulatory discipline can be

disproportionate to the benefits. It can result in regulations being overly prescriptive, additional costs to the market and may fester a box-ticking culture. For this reason the SC is always guided by

the principle that there should be no more regulation than necessary. This means however that

all stakeholders must make determined efforts to act responsibly and to pre-empt and mitigate

failures.

Market discipline must disincentivise poor corporate conduct through its assessment of corporate

performance as reflected in stock prices, bond spreads and credit ratings. Companies must embrace

the need for ethical practices, and directors must discharge their fiduciary duties by ensuring integrity,

transparency and accountability. Above all, shareholders must empower themselves to be more

assertive in demanding corporate accountability. Where there is failure in such obligation, action

must be taken.

Effective public and private enforcement reinforces self discipline as the real threat of legal action

compels companies to tighten their governance processes to ensure conduct consistent with the

law.   

LEGALIZING AN ILLEGALITY - A basically misconceived proposition

Don't bet on it

Posted by Jug Suraiya

vswami says:

March 30,2011 

'Figure it out, if you can'! - is seemingly a sincere suggestion.

Let one first figure these out: >


In our times, can one truly think of anything- so called illegality, left out, but remaining to be 'legalized'- whatever that means in any sense of it?
Is it not extremely amusing, or is tantamount to offending one’s own intelligence, for anyone to even imagine for a moment that, there is still any human activity having its 'epicenter' on ‘speculation’ –e.g. all forms of gambling, stock marketing, or the like, despite it verging on ‘illegality’, which has not been accepted , or not given a legal recognition, with an iota of conscience pricking?
-  If ‘No’, is not the suggestion to 'legalize' -by itself misconceived; rather a non-starter?


In our times, has anyone, including our men in governance, ever cared to draw even a thin line of distinction between, –
Right and Wrong (left!)
Literate and Illiterate (or should it be-literate illiterate, which is closer to reality)…
etc. 

Apartment AND Flat - Distinction between ? - (As updated on 15th April)

http://www.accommodationtimes.com/legal/others/maharashtra-apartment-ownership-act-paves-the-way-for-condos/

The write-up does provide useful guidance, though in broad terms, to buyers of ‘units’ of a building (s). What requires to be made a specially careful and insightful note of is, - the basic distinction in the legal characteristics of  the two types of units builders construct and sell – ‘flats’ and ‘apartments’. Further that, there are two separate special enactments – respectively governing the two types of units.

The readers’ comments, however, go to bear testimony to the sadly prevailing common misconception in the minds of buyers-community, of certain very crucial aspects having a bearing on ‘ownership’ and ‘enjoyment’ of the property – be it a ‘flat’ or an ‘apartment’.

Attention is invited to the following material available in the form of published articles, etc., with the fond hope that a close reading should be of help in understanding the subject in its proper perspective.

I. Articles published in the Karnataka Law Journal and Madras Law Journal, as per citations given below: –

(2003)(4) KAR. L.J.Pg.1

(2005)(3) KAR.L.J. pg.17

(2005)(5) KAR.L.J. pg.1

(2003) 3 MLJ Pg.5 (journal) 

II. Posts on websites:

 http://www.commonfloor.com/articles/bangalore-apartment-owners-association-123.html/comment-

September 24, 2009 at 5:55 am

October 8, 2009 at 10:10 am 

http://apartmentadda.com/blog/2009/03/10/a-guide-to-apartment-owners-associations-in-  bangalore/comment-page-2/ - comment-1531

February 10, 2010 at 3:46 pm


January 27, 2011 (reproduced:)

“COMMON AREAS AND FACILITIES”

WHAT IS CRYPTICALLY REFERRED TO AS, – “COMMON AREAS AND FACILITIES”  IS A SPECIALLY DESIGNED LEGAL CONCEPT. IT IS PECULIAR BUT ESSENTIALLY OF RELEVANCE AND IMPORTANCE TO – UNITS OF A BUILDING (‘IE. FLATS’ OR ‘APARTMENTS’). AS SUCH, IT IS IMPERATIVE FOR ONE AND ALL, WHO HAVE SOMETHING TO DO WITH A FLAT OR AN APARTMENT – BE HE A PROMOTER /BUILDER//SELLER, OR PURCHASER, OR THEIR PROFESSIONAL CONSULTANTS – EXPECIALLY THE ADVISING ARCHTECTS, AND LAWTERS , REQUIRE TO HAVE A CLEAR / IN-DEPTH UNDERSTANDING,. AND INSIGHTFUL GRASP, OF ITS PECULIAR LEGAL CHARACTERISTICS AND IMPLICATIONS. THAT IS POSSIBLE PROVIDED THERE IS AN UNBIASSED AND IMPARTIAL UNDERSTANDING / GRASP OF THE VERY BASIC CONCEPT OF – OF ‘FLAT’ / ‘APARTMENT’.

SHOULD ONE GO BY THE INFORMATION AVILABLE IN PUBLIC DOMAIN (IN THE FORM OF ARTICLES, REPORTS, POSTS ON WOES / GRIEVANCES, ETC.,) ONE IS LEFT WITH AN INDELIBLE IMPRESSION THAT, BY AND LARGE, THERE HAS BEEN JUST AN AWAKENING, BUT NO REAL AWARENESS ON THE PART OF THOSE WHO NEED TO BE REALLY CONCERNED ABOUT THE OBTAINING WOEFUL REALITIES."

http://www.mysooru.com/article1.html

For more of this kind, anyone intimately interested may usefully scout around and browse through other known websites. e.g.>

http://www.accommodationtimes.com/legal/builders-can-not-sell-stilt-parking-areas-supreme-court
http://www.lawyersclubindia.com/forum/SC-Judgment-on-Stilt-Car-Parking-24018.asp

http://swayamsevak.tripod.com
http://www.livemint.com/2011/04/13235659/Sahara-firms-defy-ban-on-raisi.html?h=A1


(Comment posted in public interest, solely with the object of creating an incisive awareness) 

The ubiquitous PAN

http://in.finance.yahoo.com/news/Identity-crisis-yahoofinancein-1265650644.html

81->90

The reasons adduced by the Revenue to the admitted failure of PAN are prima facie phoneys and in any case, could not be wholly true. It is a daring attempt to camouflage the realities behind, - mainly the obtaining serious deficiencies in the system in place, more so lack of  concerted ‘will’ for monitoring and strictly enforcing the so called ‘identity’ through PAN as the tool. But the supervening tragedy is that, in the nation’s populace there is only a minority endowed with ‘common sense’, if not profoundly ‘legal sense’. Further, even such minority, by and large, for self-cantered reasons or excuses, does not have the time or mind to ‘stand and stare’, much less to try and do something to the best of the individual or collective ability, towards bringing about any improvement in this or any other like matters of public interest.. 
The comment @ vijay, so also certain others have rightly pinpointed some of the common areas which require to be looked into for easily eliminating in fructuous or multiple PANs.
Another significant area of concern is – ‘demat accounts’, over which SEBI is expected to have direct and exclusive regulatory control. In this context, the following 2 articles published in Taxmann’s journal – Chartered Accountants Today may be found to provide some useful information:

'PAN' REQUIREMENT FOR DEMAT ACCOUNT HOLDERS (I)    (2006) 6 CAT 565

SEBI'S DIRECTIVES MANDATING 'PAN' REQUREMENT – (II)   (2006) 7 CAT 64

a COMMENT -in jest

Are we aliens from Mars, Tech - TechTalk - Mumbai Mirror

‘WE’ - IN THE NEWS- NATURALLY  embraces BOTH ‘SEX’ – ‘MEN AND WOMEN’. 

Also, as is readily gathered, the ongoing research is quite a long drawn process, and the renowned planetary scientists  themselves may take years to arrive at even  any preliminary finding.

Nonetheless, in his write-up @   At least one female director please! - 

its author says:

 “Different perspectives

   Men are from Mars and women are from Venus. ...”

The above quote bears on its sleeves the firm and unequivocal conviction of its ‘author’ over the matter, which is largely believed to be as yet at a nascent stage.

One is so provoked as to rush out of doors shouting in frenzy - ‘eureka’ ; 

and proclaiming full throatily - Here is The man who knew too much !

(‘In jest’)