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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 1, 2011

Judge Jokes-II

               THE FREEMEN

Dear Brethren,



Judge Joke 21
When asked for her occupation, a woman charged with a traffic violation said she was a schoolteacher. The judge rose from the bench. “Madam, I have waited years for a schoolteacher to appear before this court,” he smiled with delight. “Now sit down at that table and write 'I will not pass through a red light' five hundred times.”

Judge Joke 22
Mr. Schneider stood up in court. “As God is my judge, I do not owe my ex-wife any money.” Glaring down at him, the judge replied, “He’s not. I am. You do.”

Judge Joke 23
Judge to witness: “And where was the location of the accident?” Witness: “Approximately milepost 499.” Judge:: “And where is milepost 499?” Witness: “About halfway between milepost 498 and milepost 500.”

Judge Joke 24
Judge: Is there any reason you could not serve as a juror in this case? Juror: I don’t want to be away from my job that long. Judge: Can’t they do without you at work? Juror: Yes, but I don’t want them to know it.

Judge Joke 25
A lawyer passed on and found himself in Heaven, but not at all happy with his accommodations. He complained to St. Peter, who told him that his only recourse was to appeal his assignment. The lawyer immediately advised that he intended to appeal, but was then told that he would be waiting at least three years before his appeal could be heard. The lawyer protested that a three-year wait was unconscionable, but his words fell on deaf ears. The lawyer was then approached by the devil, who told him that he would be able to arrange an appeal to be heard in a few days, if the lawyer was willing to change venue to Hell. The lawyer asked: “Why can appeals be heard so much sooner in Hell?” The devil answered: “We have all of the judges.”

Judge Joke 26
At night court, a man was brought in and set before the judge. The judge said, “State your name, occupation, and the charge.” The defendant said, “I am Sparks, I am an electrician, charged with battery.” The judge winced and said, “Bailiff! Put this man in a dry cell!”

Judge Joke 27
Who is the most powerful ghoul? Judge Dread.

Judge Joke 28
When is an English teacher like a judge? When she hands out long sentences.

Judge Joke 29
A red-faced judge convened court after a long lunch. The first case involved a man charged with drunk driving who claimed it simply wasn’t true. “I am as sober as you are, your honor,” the man claimed. The judge replied, “Clerk, please enter a guilty plea. The defendant is sentenced to 30 days.”

Judge Joke 30
It seems that a lawyer had a little bit too much to drink and on his way home rear-ended the car in front of him. The lawyer got out of his car, walked over to the driver of the other car and said, “Boy, you are in trouble. I am a lawyer!” The driver looked out his window and said, “No, you are in trouble. I am a judge.”

Judge Joke 31
Before a burglary trial, the judge explained to the defendant, “You can let me try your case, or you can choose to have a jury of your peers.” The man thought for a moment. “What are peers?” he asked. “They are people just like you your equals.” “Forget it,” retorted the defendant. “I don’t want to be tried by a bunch of thieves.”

Judge Joke 32
What did the judge say when a skunk entered the courtroom? Answer: Odor, Odor in the court!!!

Judge Joke 33
How is a judge like an English teacher? They both hand out long sentences.

Judge Joke 34
At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"
The witness stared out the window, as though he hadn't heard the question.
"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.
The witness still did not respond.
Finally, the judge leaned over and said, "Sir, please answer the question."
"Oh," the startled witness said, "I thought he was talking to you."

Judge Joke 35
A social activist, a garbage collector and a Judge would up at the Gates of Heaven. God informed them that in order to get inside, they would each have to answer one question.
So, he addressed the social activist and asked, "What was the name of the ship that crashed into the iceberg? They also make a movie about it."
The social activist answered quickly, "That would be the Titanic." God let him through the Gate.
He then turned to the garbage man and figuring heaven didn't really need all the odours that this guy would bring him, decided to make the question a little harder: "How many people died on the ship?" Fortunately for him, the man had just seen the movie. "1,228," he answered.
"That's right! You may enter."
God then turned his attention to the Judge. "Name them."

Judge Joke 36


The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honor.”
“And why was that?” “Because my wife wanted a dress.”
The judge check with his records, “But it says here you broke in three nights in a row!”
“Yes sir. She made me exchange it two times.”


Judge Joke 37


A man was forced to take a day off from work to appear for a minor traffic summons. He grew increasingly restless as he waited hour after endless hour for his case to be heard.
When his name was called late in the afternoon, he stood before the judge, only to hear that court would be adjourned for the rest of the afternoon and he would have to return the next day.
"What for?!?!?" he snapped at the judge.
His honor, equally irked by a tedious day and sharp query, roared out loud: "Twenty dollars contempt of court! That's why!"
Then, noticing the man checking his wallet, the judge relented:
"That's all right. You don't have to pay now."
The young man replied, "I know. But I'm just seeing if I have enough for two more words."


Judge Joke 38 
The drunken defendant appears yet again before the tired judge, who says, "You have been constantly appearing before me for the past twenty years." Replied the drunk: "Can I help it if you can't get promoted?"


Judge Joke 39

Daddy plays piano in a house of prostitution;-
A grade school teacher was asking students what their parents did for a living. "Tim, you be first," she said. "What does your mother do all day?" Tim stood up and proudly said, "She's a doctor."
"That's wonderful. How about you, Amy?"
Amy shyly stood up, scuffed her feet and said, "My father is a mailman."
Thank you, Amy," said the teacher. "What about your father, Billy?"
Billy stood up and proudly announced, "My daddy plays piano in a house of prostitution."
The teacher was aghast and promptly changed the subject to geography. Later that day she went to Billy's house and rang the bell. Billy's father answered the door. The teacher explained what his son had said and demanded an explanation. Billy's father said, "I'm actually an attorney. How can I explain a thing like that to a seven-year-old?"

Judge Joke 40 
What is similarity between Bollywood and Judiciary? Both are ‘Family private limited’.

Apologies to all who may feel offended by some truth hidden in the 'jokes'

Kapil Dev Aggarwal

Tuesday, February 1, 2011

Commercial Courts


              THE FREEMEN

Dear Brethren,

to,           Dated 16.4.2009
1.         State of Punjab through Secretary Legal              
             / Legislative affairs    
2.         Secretary legislative affairs, Ministry of Law 
            and Justice, 4th floor, A Wing Shastri Bhawan, 
            New Delhi
3.         Hon’ble the Chief Justice P and H High Court.

SUB:   Amendment of court fees Act.

1.         The High Court of Punjab was established by a Letters Patent dated 21st March, 1919. It exercised jurisdiction over the provinces of the Punjab and Delhi. After partition of the Country, the High Court of Punjab started functioning from Shimla (1948) and was later shifted to Chandigarh in 1955.

2.         Since 1955 High Court of Punjab had exercised jurisdiction over Delhi and Himachal till these states had their own High Courts in the year 1966 & 1971 respectively. The sanctioned strength of High Court of Punjab, Delhi and Himachal is 68:48:10 respectively. Our High Court being oldest/largest must maintain its historic position. The state of Punjab thus must take lead in the matter of amendment of Court Fees which is in vogue since 1958.

PENDENCY OF CASES : PREVENTION IS BETTER THAN CURE

1.         Court fee on writs, inspections, Misc applications, civil/criminal revisions / etc are in vogue since 1958. It is thus necessary that courts fee schedules require urgent amendment. In DRT fee for inspections is Rs 100.00 per hour, In High Court it is Rs 2.00 unlimited. In DRT Fee for Misc application is Rs 250.00, in High Court it is Rs 2.75.
 
2.         Fee for Writ Rs 50.00 is in vogue since 1958. Prices / salaries have increased more than 50 times since then.

3.         Company petitions / appeals are a form of recovery proceedings as in DRT. In DRT/SERFRAESI application entails court fee based on amount of debt running in thousands. Every order of sale of property if challenged in appeal in DRT, court fee is Rs 20,000/- & 30,000/-. However the same sale challenged in Company appeal the court fee is Rs 13.00 only. It is serious abnormality.

4.         Fast track court / court of large commercial causes can be established with minimum court fee of few lacs.

5.         All matters involving monetary value of less than 2.0 lacs can be relegated to court of small causes or Lok Adalats.
 
6.         To prevent strike by Advocates fee schedule of advocates fixed under High Court rules & Orders should also be enhanced


Dated 16.4.2009                                 CA KD Aggarwal
                                                               Lawyer                                  

Note by author;  my fourth suggestion for establishment of commercial courts has also been accepted when Law Minister announced that Bill for establishment of commercial Courts shall be laid in parliament soon. See the link here for news;







Saturday, January 1, 2011

Part - II


Part –II of family relates to Kapil Dev Aggarwal’s maternal forefathers.

Lala Rural Mal   to
Kapil Dev Aggarwal is great, great grandson (maternal) of Lala Rura Mal @ Rur Singh. The family was known as "Kanungo Family of Jind" where Family owned huge tracts of land. Lala Rura Mal was  "Kanungo" (Chief Revenue official) of Ludhiana and adjoining villages of "Jind family" who ruled over vast area of northern India spread over several cities and more than 150 villages including Ludhiana (then only a village) and its adjoining areas.  As a Kanungo and chief representative of Raja of Jind, Lala Rura Mal son of Lala Moti Ram was responsible for maintenance of revenue records, sale purchase of property and collection of rent and revenues and general maintenance of law and order in village Ludhiana and adjoining areas. Rura Mal @ Rur Singh had an army of his own for this purpose.

During this period Mr. Shah Shuja-ul-Mulk former king of Afghanistan was living in exile in Ludhiana. The building where former ruler of Afghanistan lived was known as ‘rihaish gah’ Shah Shuja-ul-Mulk and is presently old city post office, Mata Rani Chowk, G T Road, Ludhiana. Forces of Maharaja Ranjit Singh took over Peshawar in 1834. On November 2nd, 1834, Mr. Sangat Singh Raja of Jind, died at a young age of 23. He did not leave any legal heir. His cousin Sarup Singh took over as Raja of Jind but Sarup Singh was unpopular. Mr. Rura Mal great, great grandfather of Kapil Dev Aggarwal being in charge of Ludhiana and adjoining villages, was approached by Mr. Shah Shuja-ul-Mulk, former king of Afghanistan for help.  Mr. Shah Shuja-ul-Mulk wanted to be reinstalled as king of Afghanistan and hence approached Mr. Rura Mal for help by arranging military assistance/treaty with both Maharaja Ranjit Singh and British.  Mr. Rura Mal approached Maharaja Ranjit Singh on behalf of Shah Shuja-ul-Mulk. Maharaja Ranjit Singh laid down certain financial and military conditions first and foremost being Koh-i-noor from Shah Shuja-ul-Mulk. The British also wanted their own puppet king in Afghanistan to ward off growing influence of Russia in Afghanistan and were agreeable for a treaty. In 1835, Shah Shuja-ul-Mulk delivered Kohinoor diamond to my Mr. Rura Mal the great grandfather of Kapil Dev Aggarwal. Mr Rural Mal then delivered the Koh-i-noor to Maharaja Ranjit Singh.


There was certain disputes with treaty with British which prolonged the matter. A tripartite agreement was entered into between Shah Shuja-ul-Mulk, Maharaja Ranjit Singh and British Govt. on June 26 1838. Under June 26, 1838, Lahore tripartite' treaty between Lord Auckland, Maharaja Ranjit Singh, and Shah Shuja-ul-Mulk; the latter was to ;- absolutely renounce Peshawar and the states on the Indus in favor of Maharaja Ranjit Singh, mutual support between Afghans and Sikhs, Shah Shuja-ul-Mulk to be replaced on throne of Afghanistan, to relinquish all claims on Sind for payment to be fixed by Governor-General; to leave Herat un-touched in hands of his nephew Kashan; to prevent all other foreigners from invasion of British or Sikh empires/ territory. 

On October 1, 1838 by Shimla Proclamation, Lord Auckland declared war against Afghanistan for the restoration Shah Shuja-ul-Mulk an English ally, to throne of Afghanistan. Council of war held under Auckland's auspices: main [English] army to join Maharaja Ranjit Singh's force at Firuzpur; the Bombay contingent sailed to the mouth  of the Indus-, the three divisions to meet at Shikarpur in Sind and then jointly marched to Afghanistan. The combined forces of British and Maharaja Ranjit Singh reinstalled Shah Shuja-ul-Mulk as king of Afghanistan in May 1839.

Mr. Rura Mal had three sons and …. Daughters.

Mr. Ram Rattan 1845 to 1901

       Kapil Dev Aggarwal is great grandson of Ram Rattan son of Rura Mal.  On November 2nd, 1834, Mr Sangat Singh, the then Raja of Jind died intestate and had no legal heir.  The British Govt. entered into a treaty with Maharaja Ranjit Singh under which the sis Satluj Area came under the control of British including village Ludhiana and adjoining villages. After the death of Mr. Rural Mal, his son Mr. Ram Rattan established himself as banker, advocate and Judge and adjudicated local disputes.  During 1895, Sino-Japanese war the then king of Japan approached Mr. Ram Rattan for financial help, which was given in the form of gold/silver cartons transported by rail from Ludhiana to Kolkata and thereafter from port of Kolkata to port of Japan. Imperial Government of Japan wrote a letter of acknowledgment and future relations to Mr. Ram Rattan Banker and Advocate great grandfather of Kapil Dev Aggarwal.

       Mr. Ram Rattan had three sons eldest being Girdhari Lal Banker grandfather (maternal) of Kapil Dev Aggarwal, Second being Kunj Bihari Lal who has two sons namely Mohan Lal and Sohan Lal.  Third son is Banwari Lal who has two sons Harish Kumar and Rajinder Kumar and daughter Parvati Who had four daughters and one son Jagdish Chander Aggarwal, former Chief Commissioner, Chandigarh.

Mr. Ram Rattan died at New Delhi in 1901.

Ancestral Heritage.

Kapil Dev Aggarwal.

Wednesday, December 1, 2010

Monetary Policy

                                            The Freemen, 


Dear Brethren,
While performing its function, it’s the first duty of the executive to know whether they are possessed with sufficient information for a) performing the function, b) to measure the effect of such function. It is commonly perceived by those who are in know of the things that the executive lacks both the basic requirements as mentioned above. It was in this background that sometime back I wrote to reserve bank of India about certain inputs which are pari-material for lying the monetary policy. The details are as under;-
 

Sh C Krishnan, Executive Director, August 5, 2010                                                                                
Appellate Authority under RTI,
Reserve bank of India, Shahid Bhagat Singh Marg,
Fort, Mumbai – 400001.
Appeal under section 19 (1) of RTI.
Dear Sir,
Vide my letter Dt Nil I had asked following information under RTI;
Information sought;After RBI decides to increase rates;-
1)         How many company / business declare bankruptcies?
2)         How many accounts are declared NPAs
3)         How many people loose employment?
4)         How many mortgages are foreclosed?
Department of economic analysis must analyze the impact of increase of repo rates on employment/industrial production/ cost increase of supply and cost to economy. RBI must have the above information which is necessary to lay down policy?

Vide its letter Dt July 8 2010, the CPIO merely sent me copies of quarterly review monetary policy Dt 29.1.2010, 20.4.2010. Copy of his letter is enclosed.

The information sought for is not at all given which should form basis for monetary policy.

Hence this appeal. You are requested to supply the following information;

After RBI decides to increase rates;-
1)         How many company / business declare bankruptcies?
2)         How many accounts are declared NPAs
3)         How many people loose employment?
4)         How many mortgages are foreclosed?
Department of economic analysis must analyze the impact of increase of repo rates on employment/industrial production/ decrease in supply and cost to economy. RBI must have the above information which is necessary to lay down monetary policy?

           CA K D Aggarwal 
1.         The asker is 2nd ranking economist on Yahoo India website; “in.answers.yahoo.com” category social sciences sub category economics. Byline ‘Kaps’ email id;  lovkap@yahoo.com.
2.         It is basic economic theory that prices(inflation) depends on demand and supply.
3.         It is a fact that higher interest rates leads to higher cost of production leading to business becoming unviable resulting in higher unemployment, closure of supply / factories and foreclosure of mortgages & higher impetus to exports by China.
4.         It is also a fact that money supply/liquidity is controlled by managing reserve ratio or by open market operations by RBI.
5.         While going through the quarterly review of monetary policy it was interesting to read Para 4 under domestic economy “One, India is facing rising inflationary pressure albeit largely due to supply side factors” (Emphasis supplied), How do you increase supply by increasing cost of funds ?

“Two …. Need to encourage domestic consumption and investment demand.
Three, since the Indian economy is supply-constrained, pick-up in demand could exacerbate inflationary pressures.”

Two and Three are contradictory leading to confusion as pickup in demand should have been offset by increase in supply side factors by reducing cost of funds further rather cost of funds was increased leading to hyper inflation in economy.

Lower interest rate regime (whose impacts will be seen over a period of 6 months to 1.5 years) led to improvement in industrial production as was noticed in para 8 of monetary Policy statement of 2010-2011.

To reduce inflation we need to increase supply. Supply side factors can be improved by reducing cost of funds to industry. Any increase in repo rates will exacerbate supply side factors.
                                                                    
         CA K D Aggarwal


Sh C Krishnan, Executive Director, Reserve bank of India vide his Order Dated 27.9.2010 dismissed the appeal saying that said information is not possessed by RBI  following is the relevant Para of the Order;-
“4.        I have gone through the papers and also considered the contentions of the appellant. While giving the original reply, the CPIO has given the relevant literature on monetary policy and provided the appellant with copy each of monetary policy statement 2010-11. Third quarter review of monetary policy 2009-10 and press releases dated March 19, 2010, and July 2, 2010. It’s needed to be mentioned here that the queries made by the appellant are not capable of eliciting any definite information from the Reserve bank or for that matter, any public authority. A query like the present couched in general terms and not confining to a particular year does not satisfy RTI Act requirements. I therefore find no scope for interference in the matter.”
Thereby admitting that the most relevant information which should form the basis of any monetary policy is not even possessed by the Reserve Bank what to say of it being considered.

CA Kapil Dev Aggarwal

Because our executive does not know the cause and effect of monetary policy So what we have is;  
see here for 2nd part of this series;
http://kapildevaggarwal.blogspot.com/2011/08/what-is-effect-of-increase-in-cost-push.html
CA Kapil Dev Aggarwal