When Brij Singhal Lied.

Following is part of Public Records contained in Criminal Appeal 715 of 2001 in High court of New Delhi; Judge Murlidhar dismissed it without quoting pleadings facts evidence Or Constitution and IPC by saying it is delaying tactic. Wow.

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

Click here for;

What I Did not Knew nor could imagine.

Dates and Events.

In-laws Indebtedness.

Proof of Theft by Rajni her Brother and Father

False Allegations to Loot Money

What happened in Appeal.

How her father lied 

How her brother lied 

Education to poor - 1st step towards Freedom of India.

Recent Supreme Court order upholding right to education, a brain child of Kapil Sibal is probably the first big and bold step towards a free and vibrant India.

        In this nation there exists a huge gap between have and have-nots. While have - have it all be it better education facilities and thus better job opportunities and have-nots mostly have no education facilities at all and none at jobs. Hence while rich become richer poor have become poorer. Films like ‘Arakshan’ have laid bare the gap between education of Economically Weaker Sections of the society and the rich class. Reservations in jobs and promotions though may get more votes and thus help some make money but that does not make a better nation or a better tomorrow. For a nation to excel, its foremost duty is to provide equal opportunities to all starting with education and health.

 Education is a necessity. Our economic system depends from growth. "Growth" economically is defined by the increase of turnover of goods and services. Theoretically that either results from destruction (natural disaster, war) or from "replacement" of old ones. That "replacement" process is only possible by innovation. "Innovation" comes out of Research and development, R & D is depending from "education". Any economy not investing into education is shoveling its own grave.

It has been generally perceived that children belonging to rich families and who have studied in so called top public schools are better suited in civil services than those children who have not studied in public schools. A person born in a poor family is considered inferior to a boy who is born in a rich family.  A person may be born in a poor family but he may be more talented than a boy born in a rich family.  Experience has shown that talent is inbred in a child and has nothing to do with his social status.  A rich culture to which a boy has born does not give him inherent talent which is required for a nation.  Had a poor boy been educated in the similar circumstances as a rich boy would bring out the hidden talent of that poor boy.  The situation had come where talent and natural gift had not been taken in qualifying for a right to a higher education and only money counted. 

It is intolerable to think that year after year millions of our children who have higher natural gifts and talent have been deprived of higher education in the same institutes as the children of rich people, even though those children may not possess single vestige of inherent talent.  It is true that a man can be trained to a certain amount of mechanical dexterity just as a poodle can be taught incredible tricks by his clever master.  But such training does not bring the animal to use his intelligence to carry out those tricks.  Similarly, it is possible to teach men irrespective of talent or not talent to go through certain exercises but in all such cases the results are mere mechanical and inanimate as in the case of an animal.  It is possible to force a man of mediocre intelligence by means of intellectual drilling  to gain knowledge but that would not increase the intelligence of such person and his knowledge will remain sterile.  A man may be walking dictionary of knowledge but when time and circumstances warrant he may be found lacking in that intellectual analyze that situation demands to think promptly to take corrective decisions. 

Such people cannot be considered fit for service of the nation and this nation till date has been deprived the use of million of its children who have been born in the economically weaker section of the society.   It goes without saying that gifted and talented people are found in every sphere of life.  The talent must be brought out by enabling those children to be educated in the same schools and educational institutions whose door till date have been closed to them.  Here again the author would like point out that stock of knowledge packed into a brain will not suffice to make discoveries, but only that knowledge which is illuminated or guided by the natural talent of that child.    Here the author means that every child in whatever sphere of life, is not equally talented in all spheres of life.  Every child has a particular talent which can goad him to higher spheres of life. Thus it is the duty of the nation to give every child an automatic right to higher educational institutions which will then determine the talent of that child.    

This has been imperative necessity for thus alone it will be possible to develop the body of talented leaders/Govt. Servants/IAS Officers to serve the nation, unlike the robots that they have become today.  There is another reason why the higher social classes must intermingle with the people of so called lower social strata.  It has long been cut off from those people considering all along that those people are fit only for menial and manual labour thereby they themselves  live in seclusion from vast majority of the people of society.  It is the duty of this nation that talent of its citizens wherever it may be must be brought out so that the best people serve the nation.  And there is no strata of society who feel aloof from the welfare of the nation.  It is the duty of the nation to select the best people with talent and knowledge who can serve in civil services and train the best brains for those branches of public service for which they show a natural aptitude and placing them in such offices where they can do best and contribute there best for he good of the community.  But on this issue,  I will speak exhaustively in my next article.

KAPIL DEV AGGARWAL.

Complaint against BB Parsoon District Judge, Haryana.

IN SUPREME COURT OF INDIA, NEW DELHI

IN THE MATTER OF;

CORRUPT JUDGE B B PARSOON, DISTRICT JUDGE GURGOAN AND HIS PROPOSED PROMOTION AS JUDGE HIGH COURT, CHANDIGARH

I K D Aggarwal, S/O Sh R K Aggarwal, advocate, resident of # 1366, sector 40-B, Chandigarh do hereby solemnly affirm and declare as under;-

1.         Undersigned is a practicing advocate and member of civil society “India against Corruption”. I am listed on website of Anna Hazare’s ‘IAC’ as member of Chandigarh team. Part of the reason for me taking up cudgels against judicial corruption is that, personally I have been a victim of corrupt Judge B B Parsoon, whose name has been recommended for promotion as Judge of Punjab and Haryana high court.

2.         Briefly stated, I was married in the year 1993. On 12.8.1995, Dr Mangla Dogra under whom my wife was under treatment opinioned that my wife is not ovulating. Within a month thereafter, I found my house and my locker empty. My locker at that time contained Rs 12.00 lacs of my ancestral gold which is presently worth Rs 5.00 Crores. Her brother at that time was heavily in debt. I later came to know that her 3 elder sisters are also divorcees and had also cheated their 1^st husbands of all their property. She then filed for divorce leveling false allegations, For the sake of family honor, I decided to contest the allegations.

3.         Her lawyer used to inform my lawyer in advance the orders which will be passed by the judge. He did it so that I should stop contesting the case and also to tell me that facts and law have no value in courts. He said and I quote “Kapil is a fool, first he allowed his wife to cheat him and now he thinks that Judges pass orders based on law and facts. He is a fool tell him next order will be ..…” I used to laugh thinking that judges pass the orders based on facts and law. I was wrong. Every time the same order was passed which had already been conveyed to us. On or about 20-9-1998, I was told the exact order on her 3rd maintenance application, when application had not even been argued. 3^rd application was filed after I had led almost my entire evidence. I went to inspecting Judge Justice HS Brar and told him of the order which will be passed on an application which is yet to be argued. He said I was prejudging the issue. However, that was not to be. On 30.9.1998, SS Lamba ADJ passed the same order which I had conveyed to Justice H S Brar on 20.9.1998. I again informed the Inspecting Judge. He did not believe me. He came for inspection the next day and when he saw the order which I had told him several days earlier, he withdrew the case from SS lamba and sent it to another Judge.

4.         I tracked the telephone calls of my in-laws and found that before every date of hearing a telephone call went from my in-laws to Mangat Ram Garg, Chairman, Department of laws, Punjabi University, Patiala, instantly Mangat Ram Garg telephoned Balram Gupta, Chairman Department of laws Punjab University, Chandigarh. Balram Gupta then called B B Parsoon, who would then call concerned Judge.

5.         On 1-1-10, (Click Here) I had written to the Chief Justice, Punjab & Haryana High Court about B B Parsoon being the kingpin of corruption in Haryana and stated;

“Kingpin of corruption in lower Judiciary in Haryana is Dr B B Parsoon District Judge. He supplies majority of ADJs and civil judges / albeit their orders on a platter to corrupt litigants. Telephone tapping of all phones operating in his residence alone for a period of six months will lead to majority of judges being removed in Haryana. He also acts as conduit between them and higher Judiciary.” (Copy of my letter Dt 1.1.2010 is enclosed is enclosed). B B Parsoon and Balram Gupta have links with a particular group of Judges of High court

6.         I have many a sleepless nights because of Corrupt Judge B. B. Parsoon. Even today, I sometimes wake up in middle of night because of what Corrupt Judge B B Parsoon did to my life.

7.         If people like B B Parsoon are to appointed as Judges of High Court, then we better close all law colleges, burn all books, kill all facts and auction the Judgments to highest bidder.

Chandigarh ;Date;11.02.2012  Deponent

VERIFICATION.

Verified that contents of my above affidavit are true to my knowledge. No part is false and nothing material is concealed therein.

Chandigarh : Date;11.02.2012 : Deponent

Extract from my Appeal Dt October 1, 2012 under  RTI Act with 1st Appellate Authority, Punjab and Haryana High Court.:-

"D.        That it is common knowledge among regular litigants, informed public that BB Parson is a major supplier of ADJs / civil judges albeit their Orders / judgments for pleasure (lifelong) of corrupt litigants as informed in my above letter. However there are honest Judges also. One such judge namely Satish Kumar presently posted in Hansi made a complaint to this Court that BB parson is pressuring him to pass a particular order in a particular case and that pressure was brought upon him in presence of an ADJ. “enquiry” was conducted and said ADJ declined that any pressure was brought upon by BB parson. Thereafter Sh Satish Kumar being an honest and upright officer took a hidden tape recorder and confronted said ADJ with truth and asked him as to why said ADJ had lied in enquiry. Unaware of tape recorder, ADJ admitted his guilt on tape and said he was under pressure of his senior/s. Sh Satish Kumar sent copy of the said tape recording along with transcript to this Court." Click here for details
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What democracy?

What democracy?

Democracy means majority rules but is there a democracy in our Country?

60-70% of people vote	Average taken as 65%.
Winning candidate polls between 30% to 40% rest are divided in other candidates.	Average taken as 35%
Winning candidate gets 35% of 65% votes	that is 22.75% of population

So the person representing your constituency has polled less than 25% of population and more people have voted in favor of other candidates than the number of people who voted in favor of winning candidate. Hence the candidate is representing a minority.

Less % of votes purchased on account of money power.

Is this is what it means by Democracy or majority rules?

Wolves and Lambs can never enjoy meeting of minds. 

In a democracy Cockroaches or Rats would be king as they outnumber everyone else.

What good is this democracy where people feel proud and want to called  "Backwards".

Kapil Dev Aggarwal.

High Court Fee Schdule

      

K D AGGARWAL & ASSOCIATES

ADVOCATES & CONSULTANTS

SCHEDULE OF FEES

MINIMUM CHARGES

If amount involved is below Rs 1.00 Crores (10 million)

Legal Notice                                                        Rs 33,000/-

Consultation (per hour)                                       Rs 33,000/-

(Minimum charges for one hour)

Drafting of document                                           Rs 55,000/-

(inclusive of consultation charges above)

DRT / High Court Matter                                       Rs 200,000

Per hearing (High Court/DRT)                               Rs  33,000/-

If amount involved is Rs 1.00 Crores to Rs 5.00 Crores (10 mil - 50 mil)

Legal Notice                                                        Rs 55,000/-

Consultation (per hour)                                       Rs  55,000/-

(Minimum charges for one hour)

Drafting of document   (each)                              Rs 100,000/-

(inclusive of consultation charges above)

DRT/ High Court                                                   Rs 500,000 

Per hearing (High Court/DRT)                               Rs  55,000/-

If amount involved is above Rs 5.00 Crores. (+ 50 mil)

Legal Notice                                                         Rs 100,000/-

Consultation (per hour)                                        Rs 100,000/-

(Minimum charges for one hour)

Drafting of document (each)                                 Rs 200,000/-

(inclusive of consultation charges above)

DRT / High Court Matter                                        Rs 1,000,000 

Per hearing (High Court/DRT)                                Rs  100,000/-

Note; 

A. In bunch matters fee will be 2-3 times depending upon number of 
    cases.

B. In case fee is to be paid after case is over than fee will be 4 times 
    of normal fee.

C. In case of bunch matters together with payment after disposal of 
    cases fee will be 8-10 times normal fee

CA Kapil Dev Aggarwal