Tag Archives: Employment

Money! Stop bickering behind my back. It will not help you.

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Ruins.

from riches to ruins.

Money has become a contraption.

Money loves bickering behind my back, telling everyone what I should do or what I have done. This is childish but Money refuses to grow up. I had always liked to treat Money with respect but it just does not grow up. Chasing money, booze or young girls/boys promising great time, is no achievement in life. Money should be put to better use in life.

Problem of being Money

Money has a problem it wants to be somebody. Somebody famous. A celebrity, may be. Actually Money has no intrinsic value. But the truth, as Buddha observed long ago, nothing in this world has any intrinsic value. Some people develop some skills, like writing but most are never interested in that. However the skills are also temporary. An Orator becomes invalid by Alzheimer in no time.
As a progeny of greed and fear, one could never out grow destiny. So what it will be? The richest man. The country’s richest man built his new home. The most expensive home in the world but is fearful to move into it due to some perception. The fear of uncertainty of future still controls him. Wealth could not kill fear rather expanded it. Yet an Automaton will follow rather chase money and become Money. Continue reading →

Occupied Field.

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Doctrine of Occupied Field is attracted in a variety of ways. For example if a special law covers a subject, general law stands automatically excluded because that field of law is already occupied.

Claim of Gratuity made  under Section 33C-2 Industrial Disputes Act instead of Payment of Gratuity Act — Validity.

It was urged that the Payment of Gratuity Act is a self-contained code incorporating all the essential provisions relating to payment of gratuity which can be claimed under that Act, and its provisions impliedly exclude recourse to any other statute for that purpose.

Supreme Court accepted this contention. There is anther example of doctrine of occupied field.

In this case regarding prohibition on manufacture and sale on Gutka (Pan Masala with chewing tobacco), under Prevention of Food Adulteration Act, it was contended that Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, (Act 34 of 2003), referable to entry 52, List I and entry 18, List III to the Seventh Schedule of the Constitution of India,  occupies the entire field in relation to tobacco. Therefore the State Government could not do indirectly what it can not do directly. Supreme Court of India accepted the proposition and quashed the notification under PFA Act.

Though it was not relevant in this judgement, Article 254 of Constitution of India also deals with the aspect of occupied field and any Union/Central legislation would have effect of repealing the State Legislation on the same subject if it is in conflict with Central legislation.

Read more details about this doctrine at LawMystry.com