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Monday, January 31, 2011

How to Control Your Mind? - 9 Easy Steps!



What is Mind?:
What is Mind?  Is it part of the Brain?  The brain has got physical characteristics which can be visualized, touched, handled and is located inside the skull. There are certain brain control techniques. But what about the mind?  It has no physical dimensions.  But there appears to be some kind of relationship between the brain and the mind.  When the brain is non functional, (say when the brain activity is blocked by deep anesthesia or coma), the mind also does not seem to function.

Mind is not a gross matter - visible and tangible. The mind can not be seen. The magnitude of the mind cannot be measured. Mind does not require a space to exist.

Definition of Mind:
How to define the Mind?  The mind is nothing but a “bundle of desires, thoughts, wants and expectations”.  As long as a person is alive, he will have the thoughts, desires, wants and expectations.  And these are continually changing, minute to minute and day by day.

If your desires and expectations do not fructify, you are under stress, leading to anxiety, mental tension, frustration and depression.  If you want to enjoy stress free life, you need to exercise control over mind.  You can not under-estimate the mind powers.

Mind Control Techniques:
But how to control your mind?  How to control your negative thoughts and desires?  Why there is a necessity to control the negative thoughts and desires, thereby attempting to control the mind?  Because, the thoughts and desires transform into words and words result in actions.  When a person has a lot of negative thoughts, it may lead him to stress, anxiety, depression, negative actions and violent behavior.    There are certain mind control techniques / mind control tricks widely practiced, such as Suppression technique and/orOutburst technique, for controlling the mind.

In the Suppression technique, you are asked to suppress your negative thoughts and desires and not to manifest them.  But the fact is, your thoughts and desires are like coiled springs.  The more you suppress the coiled spring, the more pressure is built upon it.  The moment you let go of your hand even slightly, the coiled spring jumps across much more vigorously.  Similarly, the moment you relapse in suppressing your negative thoughts and desires, they come out violently.  The situation becomes from bad to worse.

In the Outburst technique, you are asked to let out your negative thoughts with full force in the open.  If you are angry with somebody, you are asked to outburst your anger, say in front of a mirror or in an open park.  Once your outburst is over, you may temporarily feel relaxed.  But ultimately, this technique leads you to the guilt feeling, which in turn generates a lot of negative thoughts.  It is a vicious cycle.  These methods employ negative techniques and hence the relief becomes temporary, ultimately leading to more and more negative thoughts, stress, anxiety, cynicism and mental imbalances.

Other methods involve the techniques called “still the mind” and/or “be a witness to your thoughts”.  But for majority of the people (including me), it is very difficult to practice in day to day life, as only a few holy men / yogis can master these techniques.

Substitution Technique:
What I recommend and as well as I practice, is the “Substitution” technique.  We should understand the nature of mind.  As I mentioned in the beginning of this article, mind is the bundle of desires, thoughts and wants.  As long as you are alive, your mind will always be with you.  Your mind is always filled with thoughts and desires.  You can not empty your mind in your day to day life.

Suppose you enter your bedroom in the night.  The room is dark and you can not see anything.  Once you switch on the light bulb, the entire room is filled with light and you do not see the darkness.  What happened to the darkness?  As soon as the light came in, the darkness vanished automatically.  You did not attempt to drive away nor suppress the darkness.  You only put on the light switch.  You enabled the light to come in, which drove away the darkness automatically.  Similar is the case with your mind.  Bring in positive thoughts to your mind, which will automatically drive away your negative thoughts.  But the mind can not be empty.  Instead of mind full of negative thoughts, substitute them withpositive thoughts.  When the mind is full of positive thoughts, there is no place for negative thoughts to enter.

In fact, the phrase “how to control the mind” itself is wrong.  It is almost impossible to “control” the mind.  The right phrase is “how to regulate the mind”.  By practicing the “substitution” technique properly, we can regulate our mind in the day to day life.

How to practice the “substitution” technique in our daily life?  It is not difficult, provided you make a commitment to practice them on a daily basis.  There are 9 Steps to practice the “substitution” technique, which I will explain below.

Step 1 – Keeping Good Company:
There is a famous quote- “Tell me who your friends are and I’ll tell you who you are”. Seeking and remaining in good company will keep your mind with positive thoughts.  Consider a small example.  You are all familiar with mineral water.  Imagine that you have a 1-litre bottle which is full of filthy water.  You are required to replace the filthy water with clean drinking water, but there is a condition.  You can not pour out the filthy water first, wash the bottle and then fill up the bottle with clean water.  In such a situation, how can you replace the filthy water with good water?  It is very easy.  Go to a stream where clean water is flowing.  Just keep the water bottle, containing the filthy water, immersed in the stream. You will find that after a few minutes, the entire bottle is filled with clean water.  How has this happened?  The clean water from the stream has entered the bottle and driven away the filthy water.  You have not done anything extra-ordinary.  You have simply brought the filthy water bottle in contact with the stream water.  That’s all.  Now, compare the water bottle with your Mind.  The filthy water can be compared to the negative thoughts and negative desires in your mind.  The water stream can be compared with good company (in Sanskrit language, “good company” is called “satsang”). When you remain in the good company, the positive thoughts enter your mind and drive away the negative thoughts.  It is similar to the light driving away the darkness in the room.

Step 2 – Repeat God’s Name Often:
Choose the name of God you love the most.  Whenever you find time, irrespective of where you are, keep on repeating your God’s name mentally.  (In Sanskrit, it is called “nama smaran”). God loves music.  If you can repeat the name of your God in a musical tune (as per your liking), it is wonderful.  This process will drive away your negative thoughts and emotions.

Step 3 – See Good Sights:
We should understand one important aspect.  Mind can be compared to the CPU of the computer.  Whatever we feed in, CPU processes it and gives the output.  Garbage in – Garbage out.  Quality data in – Quality reports out. The data to the CPU can be fed in through the FIVE input devices, such as the Keyboard, Mouse, Floppy Drive, CD Drive andPen Drive.  Similarly, our FIVE sensory organs, such as the Eyes, Ears, Nose, Mouth and the Hands are the input devices to the Mind.  Based on the input information fed by these sensory organs, our Mind reacts.  If you see only good sights and positive videos / movies, positive thoughts are developed in the Mind.  If you see horror films and negative / filthy programs on the TV (most of TV programs have a lot of these), negative and violent thoughts are developed in the Mind. Read only good and holy books and the books on personality development.  Avoid reading horror stories and negative news (newspapers have plenty of them).     

Step 4 – Hear Good Music:
Tune your ears to hear only good and soothing music and sounds.  As far as possible, avoid hearing bad and filthy words, heated arguments and violent shouts.  It is better to move away from such places.

Step 5 – Speak Softly and Positively:
Always try to speak softly and positively.  Don’t hate others. Avoid speaking harsh words. Don’t enter into heated arguments with anybody.  It is pertinent to remember Mahatma Gandhi’s reference to the Three Monkeys – First Monkey closing his both EYES with both hands – Don’t see bad sights; the Second Monkey closing his both EARS with both hands – Don’t hear bad sounds; and the Third Monkey closing his MOUTH with both hands – Don’t speak bad words / untruth. 

Step 6 – Eat Moderately:
Another important aspect which influences your thoughts and the Mind, is the type and quantity of food you eat. A subtler part of the food digested, influences the Mind and the thought process.  Always choose nutritious food and eat in moderate quantity.  Too much of food not only leads to obesity, but also leads to dullness of the Mind. Avoid alcoholic drinks, cigarettes and drugs, which not only spoil your health, but also adversely affect your Mind. Also avoid stale / pungent food.

Step 7 – Smell Good Fragrance:
Try to smell good fragrances, particularly the natural flowers.  Avoid / move away from the place where there is a bad / filthy smell.

Step 8 – Do Good Things:
Always try to do good things in life.  Whenever and wherever you get a chance to help others, however tiny it is, please extend your help.  Avoid doing wrong things against your Conscience, as it will lead to guilt feelings in your Mind.

Step 9 – Go to Good / Holy Places:
Visit good and holy places.  Whenever possible, make a tour to the country-side and / or Mountain ranges, where you can enjoy the natural surroundings.  They will refresh your Mind and Heart.  Avoid going to gamblers’ dens and other unholy places.

Try practicing these 9 Habits earnestly and you will feel the difference.  Once you learn mind control techniques and practice them effectively, you will always remain in a positive frame of mind, with equanimity and calmness. You can enjoy stress free living. If you need further clarifications / help, please EMAIL to me.  I will respond as soon as possible.

“Hands that Help are Holier, than the Lips that Pray”.

source:
:http://www.caclubindia.com/articles/how-to-control-your-mind-9-easy-steps--8442.asp?utm_source=newsletter&utm_content=article&utm_medium=email&utm_campaign=nl_29_01_2011

Thursday, January 20, 2011

important Decisions - 2010


important Decisions - 2010
(Published in Civil Court Cases, Criminal Court Cases & Apex Court Judgments

Jurisdiction of civil Court - Barred under a statute - Even then civil Court has jurisdiction when the statutory authority or Tribunal acts without jurisdiction. 2010(1) Civil Court Cases 545 (S.C.)

Notice sent by registered post at correct address - There is presumption of service, unless and until contrary is proved by the addressee. 2010(3) Apex Court Judgments 249 (S.C.)

Official document - Conflicting entries in official documents - In such a situation the entry made at a later stage has to be accepted and relied upon. 2010(3) Apex Court Judgments 159 (S.C.) : 2010(3) Criminal Court Cases 821 (S.C.)

Pleadings - Court can strike out any pleading at any stage of the proceedings when it is unnecessary, scandalous, frivolous or vexatious or where the Court is satisfied that the pleadings tend to prejudice, embarrass or delay the fair trial of the suit or which is otherwise considered as an abuse of the court. 2010(1) Apex Court Judgments 197 (S.C.)

Power of Attorney - Cannot be cancelled by filing complaints with the police.2010(2) Apex Court Judgments 215 (S.C.) : 2010(2) Civil Court Cases 579 (S.C.)

Proof beyond pleading - Has to be ignored. 2010(3) Civil Court Cases 305 (S.C.)


Proof beyond pleading - Statement made in absence of pleadings has to be ignored. 2010(2) Apex Court Judgments 655 (S.C.)

Service - Punishment - An employee can be reverted to a lower post or service - However, he cannot be reverted to a post lower than the post in which he entered service. 2010(2) Apex Court Judgments 535 (S.C.)


Service - Regularization - Illegality or irregularity in appointment - Service cannot be regularized irrespective of the length of time for which it has continued. 2010(2) Apex Court Judgments 223 (S.C.)



Thursday, January 13, 2011

Consumer fora must eschew technicalities


Subject: 
Evidence act is not applicable to the consumer fora. There is no need to file a detailed affidavit; even a short affidavit would suffice. Backdrop: The avowed objective of the Consumer Protection (CP) Act was to afford speedy and affordable justice to consumer, shorn of technicalities, so that consumers would be able to argue their complaints in person without the need of engaging an advocate. It is because of this reason that the Act does not provide any formats for complaints or applications. The Supreme Court has said that technicalities require to be eschewed by the consumer fora and the National Commission has observed that even a letter can be treated as a complaint.

Unfortunately, over the years, the consumer fora are losing sight of the intent and purpose of the Act are often becoming hyper-technical. Some of the retired judges who preside over the consumer fora try to bring in technicalities which they have practised all their lives in the civil courts, and thereby frustrate the consumer movement.
Here, I will deal with some judgments which will illustrate how consumer fora should follow a simple procedure, merely observing the principles of natural justice, devoid of all technicalities.

Case Study 1: In the case of S P Aggarwal v/s The Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (FA No. 478 of 2005 decided on March 31, 2010), the National Commission was required to decide whether the proceedings under the CP Act required a detailed affidavit to be filed in accordance with the provisions of the Civil Procedure Code (CPC), or a short affidavit would suffice.
Aggarwal had filed a complaint before the UP State Commission alleging medical negligence. The State Commission dismissed the complaint because the affidavit filed by the complainant was very short and not in accordance with the provisions contained of Order XIX of the CPC. In appeal, the National Commission observed that the provisions of Order XIX of the CPC cannot be strictly applied to the proceedings before the consumer fora. It held that the State Commission had taken a hyper-technical view in rejecting the affidavit as it had not been prepared in accordance with the provisions of
the CPC and the annexures filed along with the affidavit had not been not dealt with in detail as required under the CPC. The National Commission held that the affidavit and the documents filed by the complainant were entitled to due consideration on the basis of the intrinsic value of the documents filed.
After considering the evidence, the National Commission held that the complainant had established medical negligence and for this he was awarded a compensation of Rs 1 lakh.
Case Study 2: In the case of Consumer Education & Research Society & Anr v/s New India Assurance Co Ltd & Ors [I (2008) CPJ 317 (NC), the National Commission held that an over-technical view should not be taken by the fora. A consumer complaint can even be filed by the parent of an aggrieved person or his Power of Attorney holder. A complaint alleging defect in goods or deficiency in service can be entertained on receipt of a letter stating sufficient facts and the cause of action. Technicalities are not to be encouraged because the only procedure prescribed under the Act is to follow the principles of natural justice and to decide the matter after hearing both the parties. The National Commission rued that unfortunately this aspect has been forgotten and some fora still erroneously try to adhere to the procedure prescribed under the CPC or elsewhere. Case Study 3: In the case of Malay Kumar Ganguly v/s Dr Sukumar Mukherjee & Ors [III (2009) CPJ 17 (SC), the Supreme Court observed that even though the proceedings under the CP Act are judicial proceedings, they are not civil courts. Hence, disputes have to be tried in a summary manner, following the principles of natural justice, and the provisions of the Indian Evidence Act are not applicable to the consumer fora. Impact: Unnecessary technicalities deter an individual consumer from approaching the consumer fora, thereby frustrating the objective of CP Act. It is hoped that those presiding over the consumer fora make the environment conducive so as to encourage individual consumers to appear in person.

Article appearing in Times of India dated 5th July 2010

Tuesday, January 4, 2011

Relief for owners in land acquisitions


Relief for owners in land acquisitions
The SC has held if land is taken over from the owner even before issuing notification under the Land Acquisition Act, the owner is entitled to rent, compensation for wrongful use and occupation from the date of actual dispossession till the date of notification. In this case, Revenue Division Officer vs M Ramakrishna, the Andhra Pradesh government took over a large sweet lime orchard in 1988 without notification. The owner moved the high court complaining that he had not only lost the orchard but the earth has been so damaged by building a percolation tank that no trees would thereafter grow. The high court asked the government to pay compensation to the owner. Following this, the government issued the notification under the Land Acquisition Act in 1993. The government then argued that the damages and interest upon it would be only from the date of the notification. The high court did not agree. 
Secrecy in award of contracts leads to abuses’
“Secrecy in the award of Government contracts is liable to result in the worst possible abuses by excluding a large segment of the community who may have no knowledge of the fact that government is likely to disburse benefits in the form of a particular public contract. Consequently, while courts have recognized that the award of public contracts by inviting tenders is the norm, exceptions have been noted in compelling situations. The exception, however, cannot be allowed to become the rule,” a division bench of the Bombay high court has stated in its judgment in the case, MIAECT (P) Ltd vs Hindustan Computers.