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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, March 22, 2016

must mention maximum qualification required for the Job.


To,           January 30th 2015.
Registrar Recruitments,                                       
High Court of Punjab and Haryana, Chandigarh.

Sub; Mentioning of maximum qualifications in recruitment forms.
Sir,
1.     Recently a Judge was overheard saying that a doctor had applied for job of a peon. Now it was never intended that doctors of more qualified persons can apply for posts advertised by High Court. This error has occurred since many people do not know that each post is meant for certain category of qualification and persons more qualified are not entitled for the same. Hence it is suggested that in future while laying down qualifications for any post the advertisements should invariably also mention the maximum qualification. E.G.
Minimum Qualification - - - - - -
Maximum Qualification - - - - - -

2.     There are whispers in the corridors that most jobs are given to kith and kin of existing employees. Such a reputation lowers the dignity of High Court. Justice should not be done but it should also appear to have been done, hence in future the recruitment form should also contain a clause seeking declaration from candidate whether any 1st or 2nd degree relative is already working in the establishment of High Court and particulars be given and separate data of such employees be also maintained. .

3.     It is seen in a number of cases that last date of submission for forms is invariably extended. This conduct on the part of High Court raises suspicions in the minds of public as if such extension is made for favoring someone in recruitment. Hence extension of last date lowers the dignity of High Court and people lose faith in administration of justice. In no circumstances should last date for submissions of forms be extended.

In service of Nation,
KD Aggarwal


Tuesday, March 15, 2016

Judge Jeyapaul and Criminal Contempt.



To,                    Date; 28.01.2016
The H. A. Chief Justice,
Punjab and Haryana High Court, Chandigarh.
Sub; J. Jeyapaul and criminal contempt.
Sir,
Judge Jeyapaul vide order Dt 11.12.2015 in CROCP 10/2013, directed removal of ‘visuals’ and further ordered the ‘contemnor’ not to upload any ‘objectionable’ visuals in future also. Following facts may be noted;
1.     The ‘objectionable’ visuals are not on court record. As per law, a Judge cannot order for deletion of something or anything, which is not part of case records.
2.     J Jeyapaul has to place the material on record. Then the law requires him conduct trial as per law to hold whether it was true or false.
3.     If visuals happen to be true than law cannot order its deletion. Strangely a direction and a finding has been given about something which is neither on record nor was subject to trial about its truth/veracity.
4.     Judge cannot call a person as ‘contemnor’ before the trial. Object of trial is to find out if a person is ‘contemnor’ or not. It is contempt of court to refer to respondent before the trial as contemnor. Only after a due trial and a finding that he has obstructed any court proceedings a person can be ‘contemnor’. Trial and allowing full truth to come on record is pre-requisite of justice. (This particular para may be circulated to all Judges dealing with criminal contempt).
5.     On 22.1.2016, approx 20 persons appeared in his court seeking issuance of notices to themselves as all of them have also uploaded truth. J Jeyapaul asked them to file applications which he will deal on ‘merits’. For a prudent person, merits mean truth and law. But does ‘merits’ have same meaning for J Jeyapaul?
6.     The order Dt 11.12.2015 was not uploaded for more than 2 months. After about a month or so a blank page was uploaded with body of order missing. The order was uploaded just before the next date of hearing 22.01.16. Delayed upload of Order Dt 11.12.2015 on court website lacks bonafide.
7.     The order dictated in court on 11.12.2015 related to deletion of day to day proceedings of the case. The order now on net is different. Shorthand notebook of then steno can be verified. CCTV cameras demanded by employers of judges i.e. public is inter-alia to prevent judges from changing their orders at later stage.
8.     J Jeyapaul’s order Dt 8.9.2015 giving directions to Enquiry officer holding departmental proceedings was beyond jurisdiction under contempt’s of courts act while hearing CROCP on original side.
9.     Similarly his order Dt 10.11.2014 in CROCP 12/14 for cancellation of bail 437(5) or 482 CRPC was beyond jurisdiction under contempt’s of courts act while hearing CROCP on original side.
10.    Media on 18.11.2014, had compared him to Gen O’dyer for his order Dt 17.11.2014 in CROCP 12/14. Law expected H CJ to direct registration of case u/s 302 against him for an order which led to murder of 6 innocent persons. His comparison to gen O’dyer by media can be seen at link below;-
11.    In last one year since J Jeyapaul is on roster of criminal contempt, he has not decided a single show cause notice in CROCPs on court on its own motions cases. “as to why proceedings be not initiated?’

Suggestions;
  1. J Jeyapaul has repeatedly shown ignorance or deliberate violation of law and procedures at least in matters relating to criminal contempt. Judicial academy is meant to impart judicial education, legal and moral ethics, strict adherence to law, ethics and procedures. It is expected that those in the helm of affairs of judicial academy do pass such tests as they are expected to lay for others. The President of Board of Governor of Chandigarh Judicial academy must be above Board. 
2.     Some Judges are hiding behind protective shield or Bunker of ‘criminal contempt’ to hit, brow beat, damage and suffocate; truth and majesty of law. A time may come, sooner than expected, that public interest / public may demand that certain judges must have forewarning notices affixed outside their courts saying;-
This court can pass orders on the basis of anything and everything not on record. Truth is not allowed in this court. Anyone found speaking or pleading truth will be held guilty of criminal contempt”.

The facts stated in para 1 to 11 speak volumes about the state of affairs in a particular court. The appalling state of affairs have become open secret now which calls for taking urgent remedial measures by yourself. With this I rest my pen with the hope Fiat justitia ruat caelum.
In service of nation,
SD/KD Aggarwal

Tuesday, March 8, 2016

Foreign diplomacy by Indian govt

Since last few days, I have seen quite a few jokes on Narendra Modi's foreign visits.... and all people are curious why Narendra Modi visits so many countries, and what is India achieving from it.
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Narendra Modi is no greenhorn in politics and statecraft.
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He has already achieved more for Gujarat in his tenure as CM there than any Indian state ever had.
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Few hidden (because the main stream media will purposely ignore them) achievements are given below:
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1. BJP Govt. convinced Saudi Arabia not to charge “On-Time Delivery Premium charges" on Crude Oil – Young Petroleum Minister Dharmendra Pradhan & External Affairs Minister Sushma Swaraj sealed the deal. Saved the country thousands of crores...
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2. India will build 4 Hydroelectric power stations + Dams in Bhutan (India will get lion's share in Green energy that will be produced in future from these projects)
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3. India will build Biggest ever dam of Nepal (China was trying hard to get that) – India will get 83% Green energy produce from that hydro power station for free – in future.
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4. Increased relationship with Japan and they agreed to invest $ 30 Billion in DMIC (Delhi – Mumbai Investment Corridor). That's Rs 200,000 crores by today's exchange rates.....
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5. Increased strategic relationship with Vietnam and Vietnam has now agreed to give contract of Oil exploration to ONGC-Videsh (UPA was not ready to take this at all because they were worried about China – and getting into a conflict of interests on south China sea). The UPA had always been on the backfoot about every aspect of foreign policy.
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6. Increase Oil Imports from Iran, despite the ban by USA.
Iran agreed to sell in Indian Rupees and it saved our Forex, not just for now, but protected India from future currency fluctuations. India also gets to build “Chabahar” port of Iran, encircling Pakistan. Because we well have exclusive access for our Naval ships in this port.
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7. India – Australia (NaMo is first PM to visit Australia after 28 yrs), despite Australia being a major supplier of Coal & Uranium.
NaMo was able to convince Tony Abbott and now Australia will supply Uranium for our energy production.
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8. China leaning President Rajapakse lost elections in Sri Lanka – Remember UPA lost “Hambantota” port development – read latest report of CIA, where they mention RAW has played a major role in power shift of Sri Lanka. Now Modi has confirmed he is visiting Sri Lanka in April. And Sri Lanka has backed out of Chinese contract and shifted to Indian project managers.
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9. With China, as Trade Deficit was increasing, NaMo forced their hand. Anti-Dumping will come soon so China will invest heavily into India. – China has already committed $ 20 billion Investment in India. That's nearly 140,000 crores.
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10. On Security – I think adding Ajit Doval to his team is the best decision by NaMo. See the recent tie-up with Pentagon, Israel & Japan.
Remember I. K. Gujaral as PM stopped RAW’s offensive operations in foreign countries.
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Now see how we stopped the Terror Boat and listen to his words … “Any Mumbai like attack from Pakistan and Pakistan will lose Baluchistan!" That's the language of deterrence that I want to hear as an Indian. We won't hit first, but if you do, we surely won't turn the other cheek....
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11. India approved the border road in the NorthEast and around India-China border – Remember just because of China’s opposition, the ADB (Asian Development Bank) didn’t give us funds during UPA regime and UPA held that file under “Environment Ministry control – Remember the infamous “JAYANTHI TAX "? No one bothered about the disastrous effect on our armed forces.
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12. India managed to bring back 4,500+ Indians from War zone in Yemen and also brought foreign nationals of 41 different countries, which put India’s name onto the highest platform globally in conducting that rescue mission – PM Narendra Modi specially talked to the new Saudi Arabian king Salman and told him to allow Indian Airforce planes to fly – as Saudi Arabia was attacking on Yemen and Yemen skies was declared NO-FLY Zone: thanks to this we got an assured clear window of a few hours and guys guess who coordinated this? Ajit Doval, Sushama Swaraj and Gen V K Singh. All in person.... When was the last time you ever heard of ministers involved personally in such efforts that didn't fetch thousands of crores?? Guess the religion of those rescued?? But it isn't secular to mention that most of those rescued from Yemen or earlier from Iraq weren't Hindus at all..
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13. India’s Air defense was getting weaker by the day, UPA was very happy to let it happen despite repeated specific inputs from the armed forces, NaMo renegotiated Rafale fighter Jets deal with France personally and bought 36 Jets on ASAP basis. At better than rack rates. No middlemen, no commissions...
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14. For the first time after 42 yrs Indian Prime Minister visited Canada not to attend some meeting but as a specific state visit, in a Bilateral deal, India was able convince to Canada to supply Uranium for India’s Nuclear reactors for next 5 years. It will be of great help to resolve India’s Power problems.
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15. Canada approves visa on arrival for all Indian tourists.
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16. Till recently we were exclusively buying Nuclear Reactors from Russia or USA and it was much like beggar kind of situation because they were worried about usage of Nuclear reactor for some other use. So only what they opted to give us, we could get.
Now Narendra Modi was able to convince France and now France will make Nuclear reactors with the latest technology in India. On MAKE IN INDIA efforts.. with collaboration with an Indian company as a partner.
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17. During 26th Jan. visit of Barak Obama, NaMo convinced USA to drop rule of Nuclear fuel tracking and sorted out Liabilities rules which now open the gates for next 16 Nuclear power plant projects.
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Isn't this good enough to improve the lot of India??
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The paid media will ensure you never get to hear this...
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Tuesday, March 1, 2016

My posts on Facebook 2015c

Creamy layer under reservation is taking away all the benefits. Everyone who is earning above 3.00 lacs has his children in expensive public schools and has all the modern benefits. These people hog all the benefits meant for backward people. Anyone earning more than 3.0 lacs is actually not backward but taking their benefit. it amounts to theft of government reservations. Hence I request that income limit on creamy layer be reduced to 2.4 lacs PA so that really backward people can take benefits of reservations.

ISI, ISIS, Hafeez Saeed, dawood Ibrahim and terrorists hate Modi and BJP and so do many 'Indians’ for the same reasons.

BJP is worried about adarsh villages, smart cities, modern railways, bigger highways. river linking, SIT on black money accident and life insurance own roof and skill development to poor, dawood has gone into hiding and security of hafeez saeed has been further enhanced to all time high. Whereas Corporates presstitutes have no other work than Cow. Kejriwal has no time for janlokpal, 500 schools, 200 colleges, 5000 new buses, CCTV cameras in every bus clean Yamuna but Pakistan Pakistan and worshiping Pakistan.

Is Supreme Court responsible for increasing rapes and murders in Delhi? a 14 year girl was brutally raped and killed yesterday. while supreme court looks on having stayed the execution of nirbhay rapists and murderers. left have always been destructive.

Media conceals complete truth because reality does not support their beliefs and the narrative needed to gain what they want. Reporting has become the science of propaganda and the media a tool of destruction and division.

Vultures feed on dead so does media and politicians (congis and left). Later are selective on flesh of dead bodies. They eat the flesh of dead only if it belongs to a select caste. Vultures get their feed, left and congis get their votes and left controlled media, get their TRP.

Judiciary's strength lies in 4 crores pending cases which will take more than 400 years to be disposed of even if we stop all fresh cases being filed. its strength lies in over 50% judges being corrupt and 40% being incompetent. its strength lies in over 40% posts lying vacant for last 20 years for want of kith and kin and BJ giving ladies. it's strength lies in giving flip to crime by regular bails to hardcore criminal. it's strength lies in opening mid night courts for terrorists but not for poor and rural people. It caters to rich, influential and those with criminal mindset who know how make the system work for them.

some people may be confused that executive means elected representatives i.e. MPs. no. executive means IAS, IPS, IRS, upto peons in every department of govt. Legislature consists of elected representatives i.e. MPs Govt has three wings legislature to lay down laws consisting of elected representatives i.e. MPs, executive to work as per law that is employee in every govt department and Judiciary i.e. Judges to decide disputes/cases as per law laid down by legislature. article 50 of constitution says executive will be independent from judiciary means that Judges cannot call govt employees to their courts and visa a versa.

If law is unknown or mysterious they won't teach in law college. tools of 'interpretation' are means to amend law out of favor, affection and ill-will.

In the last twenty years Supreme court has become a stumbling block in the progress of the country both by their lethargy and their interference in matters beyond their role and competence.

Improvement and reform of Chandigarh High Court where it can become temple of justice is not possible. Chandigarh High Court is a mediocre institution where average mentality and intellect is below average. 50% of the Judges are are corrupt, incompetent, lack basic knowledge and are unable to understand basics of law or facts. same is with 90% of advocates and staff who can't think beyond their personal needs. hence reform of the high Court is not practical.

Anybody who works 48 hours a week, has enough to feed his family of one wife and one child, enough to educate his child, enough to have basic comforts beds, tv ,fridge, cable connection, fans, cooler, chairs table, gas stove, utensils etc enough to take on rent one room tenement with bath and kitchen and would also have a small bank balance with accident and life insurance and enough for normal usual medical treatment in govt dispensary and hospitals.

The only way to reduce competition in general category and increase merit of obc would be to shift more castes into OBC.

Most Islamic countries have death penalty; India has 2nd largest Islamic population in the world and growing by leaps and bounds, in 2014 Pakistan executed 7, Iran 289+, Saudi Arabia 90+, Iraq 61+, Sudan 23+, Yemen 22+, Egypt 15+, Somalia 14+, Jordan 11, Afghanistan 6, United Arab Emirates 1. India zero.

Law and its procedures are handmade for justice not the judgments. judges which violate law and its procedure do injustice.

Paid 'Public Relations" agency working in case of asaram and radhe ma. when u see same news in all channels which cannot be called news then understand, it is paid advertisement that you are watching.

Criminal contempt is a Judge's bunker under which judges hide and fire at and kill truth, law and justice.

Justice is where Judges follow law. Give dignity to Kith and Kin not crutches.

I m a lawyer and inherited an office which is more than 100 years old. We have second raters as judges. We have people as judges who do not have food security which leads them to toe the line of rich and powerful mostly their own corrupt colleagues. Greed has overtaken values and this is all over in every field. Most advocates are trying to do an honest work but are over-awed by judges. They are afraid to call a spade a spade for fear of losing clients. If a trend of honesty once begins than lot more advocates will join. I am beginning the change which I want. Someone has to bell the cat.

For 60 years conditions of farmers has not improved but only deteriorated. For last 60 years farmers are migrating to cities putting more burdens on city infrastructure. This bill will solve all problems of last 60 years which was courtesy if corrupt congress which for its vote bank politics made no improvement to condition of farmers and let them die. How will schools, colleges, hospitals, water treatment, sewerage treatment plants roads railways be built. How can farmer be assured of 10 times more income irrespective of floods or droughts. BJP land bill is the solution. Villages have to be developed. People cannot be allowed to live in holes. Villages need schools colleges hospitals piped water sewerage and all modern amenities of entertainment etc reverse migration is solution and that means develop villages.

My personal views on some investments;
a)     Equities; non productive investment. reminds me of old men playing cards in parks all day long. one day looses other day wins just pass time only winner is broker. Mostly fueled by corruption money, FIIs and partly LIC and DII
b)     Real estate; Makes housing more expensive for those who need it. gives better returns than all other investments. price rise is mostly fueled by corruption money. If BJP fulfills its promise of honest government than no price rise to be seen in real estate till 2018.
c)     Gold; old is gold and gold is old safer, consistent. domestic is fueled by buying from women. likely to remain range bound between 25k-29k till 2018
d)     ULIPs market linked plans; same as gold will remain range bound between 25k to 29k.

For India to rise, Indians must shun dynastic politicians.

Just came home after watching movie "Roar" excellent movie a must watch for everyone. there is an interesting side note. a beggar couple and their 5 children who were begging outside the theatre suddenly bought tickets and entered the hall. however the kids were shouting a lot till an attendant asked them to quieten the children or else take refund as the noise is disturbing others. at this they took a child outside and later came back and shifted a few rows down. they did not disturb thereafter. After the movie they again started begging. i had heard about it but saw it first time. Ache din for aam aadmi in true sense. date today 11.12.2014, show morning 11.30 AM theatre Kiran.

Years ago when I visited Bombay, dance bars were legal. Girls travelled at night without escort and they were never bothered. it is always been my firm opinion that legalizing oldest profession will go a long way to reduce crimes of rapes.

Flurry of telephone calls from Delhi to Karachi as MIM to prevent MIM from contesting elections to Delhi assembly plans as MIM’s plans contest elections in Delhi has created ripples of fear in kejriwal/AAP.

Kapil Dev Aggarwal