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Justice is where Judges follow Law-KD Aggarwal. Powered by Blogger.

If Judgments were based on law, every lawyer will get same fees!-KD Aggarwal

Facts and Statute are Not Relevant. They are invented / concealed / amended by corrupt Judges - KD Aggarwal.

Let us make India Corruption free

The matter and inference drawn are based on actual personal experiences of Author. They are meant to serve as beacon to those who may find themselves in similar situations to save themselves from clutches of unscrupulous persons. They are also meant to serve as an eye opener to those men who are sitting at Helm of Affairs for improvement of judicial system and corruption free India, so that never again one says; "the law court is not a cathedral (what they used to be) but a casino where so much depends on the throw of the dice (and money). K R Narayanan http://www.krnarayanan.in/html/speeches/others/jan28_00.htm

Transparency improves Accountability

Every Judge is Public Servant and thus accountable for his acts. Transparency of Complaints against Judges and instant stringent action for perjury and violation of their oath will improve Dignity of Courts and Justice delivery.

Tuesday, May 1, 2012

When Brij Singhal Lied.

Following is part of Public Records contained in Criminal Appeal 715 of 2001 in High court of New Delhi;

1.             That the Brij appeared as witness in case Rajni Aggarwal V/S Kapil Dev Aggarwal in the court of Sh. S. S. Lamba, ADJ Chandigarh. While appearing as PW 4 on behalf of the Rajni on 4.4.98 he swore to state the truth but however he made various statements in the court which were false and which he knew to be false to his knowledge.  He thus committed an offence deliberately giving false evidence.  The statements which were made by the Brij under oath knowing them to be false are as reproduced hereunder:-

2.             "I can identify the handwriting of my daughter Rashmi Mark "D" is not in the handwriting of my daughter. Mark "H" is also not in the hand of Rashmi"

Proof of falsity.
Smt Rashmi Bansal had appeared in this court on 14.12.1998 and submitted her standard handwritings/signatures. These two documents were gut examined by the complainant from the handwriting expert Dr.K. N. Parsad.  The report is exhibit D-63 on the record of the trial court and states as under:-

"The person who wrote the standard writings\signatures marked A-1 to A-1 also wrote the questioned writing\signatures Mark Q 1 and Q 2."

By virtue of the report of the handwriting expert as well as by visual comparison of layman, the standard writings submitted by Rashmi are the same as contained in Mark "D" and Mark "H" which were denied by the Brij to be in the handwriting of her daughter Rashmi.  The Brij has thus committed an offence of perjury by deliberately giving false statement under oath before this court.

3.             The Brij has stated "My daughter Rashmi was married on 19.4.95 at Mandi Gobindgarh.  Rajni and her husband did not attend that marriage at Mandi Gobindgarh. My daughter Rashmi was engaged with Sanjay in January, 1995.  No engagement ceremony took place.  It is wrong to suggest that engagement ceremony was performed on 5.3.95 at my residence at Chandigarh, since there was no ceremony there was no question of attending the same by the Rajni and her husband".

Proof of falsity.
Rajni herself while appearing as her own witness stated ns under:- "There was marriage of the daughter of my Uncle and in that marriage I and the me I both attended that marriage.  We also attended the ring ceremony".  The date of ring ceremony of 5.3.1995  is mentioned in Exhibit D 1/X. It is thus apparent that the statement made by the Brij is falsified by statement of Rajni.  It is the Brij Singal who had deliberately made false statement as submitted above.

4. The Brij has made the following false statement; “I have given Loan of Rs 5.00 lacs to M/s.Gopal Sales (P) Limited; voltd which has been returned now.  It was returned in the year 1996-97.  I do not know whether at the time of return of money who was the Director.  I know Raj Singal who is my Nephew and Kiran Singal who in his wife.  I do not know whether Raj Singal and Kiran Singal are the directors of the above referred company.   The loan which was returned back was by way of cheque.  I do not know who signed that cheque.  It is wrong to suggest that the firm repaid the loan to him after selling the ancestral gold of Kapil by Rajni’s father".

Proof of falsity.
The Brij admits that Gopal Singal, Jagan Nath were the directors of the company when he gave the loan.  He also admits to knowing Raj Singal and his wife Kiran Singal.  In 1996-97 Raj Singal and Kiran Singal were the directors along with Gopal Singal.  It is thus apparent that he knew the directors of the company and the person who returned the money. As per the information available, the loan was not repaid by way of any cheque as stated by the Brij.  He has deliberately made a false statement to this court to hide clandestine sale of property or the parties towards the repayment of the money advanced by him.

5. The Brij has deliberately made the following false statement:- "It is correct that a criminal complaint was filed under the wealth tax and I was one of the accused.  It is correct that the criminal complaint is still pending in the court of CJM. I am still Director of that company (Jagan Nath Brij (P) Limited

Proof of falsity.
As per the records maintained in the office of Registrar of Companies only Sh. Raj Singal and father of Raj Singal are the directors of Jagan Brij Pvt. Limited; 

6.   The Brij has made the following false statement when he was put the question as to whether he clandestinely operated his locker on 4.5.94, he said "Yes". though denied that it was not clandestine as he could operate his locker at any time,  There after the following question and answer have been recorded by this court.

Q.             Did you operate that locker without making entry in the bank record or not on the same day?

Ans.          I do not remember.

Proof of falsity.
It is well established fact that locker cannot be operated without due entry in Bank records.  There is no question of anybody operating the locker without entry in the bank records and if after having done it there was no question of forgetting it.  In fact he knew about the income tax raids and had taken key of the locker with him and while the raids were being conducted at his house he operated the locker and removed the valuables lying therein.  When he did not pay the bank officers the promised bribery they informed this matter to the income tax Authorities. He later on admitted this fact before the income tax authorities.  There is no question that he was not remembering the above incident.  He had deliberately made a false statement under oath before this Hon'ble court.

6. The Brij had made further false statements as below:-"All members of family of Jagan Nate are wealth tax as well as income tax assesses."

Proof of falsity.
All the members of family of Jagan Nath are neither wealth tax nor income tax assesees.

13. It is wrong to suggest that “I alongwith Rajni went to the Bank of the Kapil jointly held in name of Rajni in Sector 37 and father of the Rajni stood outside the Bank to guard. It is wrong to suggest that I accompany the Rajni at the time when Rajni operated the locker in the Punjab National Bank in Sector 37 Chandigarh on 15.9.95.  It is wrong to suggest that Rajni operated the locker on the instigation and pressure of myself, my brother Jagan Nath, Son Gopal and Murti Devi w/o Jagan Nath. It is further wrong to suggest that I along with my brother Jagan Nath, his wife Murti Devi, Son Gopal and Pardeep Goyal went to the house of Kapil on 15.9.95 and removed all the household goods from the his house forcibly and brought the Rajni with us along with the articles” and the statements made in examination in chief.

Proof of falsity.
Testimony of Late Sh.B.L.Premi, Assistant Branch
Manager, PNB Sector 37, Chandigarh.
Testimony of Sh.S.K.Mishra.
Testimony of Sh.Pavitar Kumar.

KAPIL DEV AGGARWAL


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