Professional & Knowledgable Law Team

Monday, July 29, 2013

Ex-royal’s daughters get Rs 260b relief from court

Chandigarh: It is a royal bonanza for two daughters of a former maharaja, one they had to wait for over two decades.
A court here has declared a 32-year-old will “forged” and illegal” and granted inheritance of properties and assets worth a whopping Rs260 billion (Dh16 billion) to the two daughters of the erstwhile Maharaja of Faridkot, Harinder Singh Brar.
The properties and assets include the palatial Faridkot House on New Delhi’s Copernicus Marg, a royal palace complex and a fort in Faridkot, a fort in Mani Majra area of Chandigarh, vintage cars (including a Rolls Royce), an aerodrome in Faridkot spread over 200 acres, properties in Hyderabad and Delhi, gold and jewellery worth nearly Rs10 billion with Standard Chartered Bank in Mumbai and more.
Real estate experts and accountants put the total worth of the properties and assets at over Rs260 billion. The Mani Majra fort, which is over 350 years old, is not in very good condition. The erstwhile ruler was allowed to keep these properties after the country’s independence in August 1947.
The legal battle for the assets started in 1992 after the ex-maharaja’s daughter Amrit Kaur filed a case in a court here. Following a 21-year-old legal battle, the court of the chief judicial magistrate Rajnish Kumar, ordered on Thursday that the 1981 will, purportedly drawn up by the maharaja, was “forged and fabricated”.
With the court judgment, Amrit Kaur and her Kolkata-based sister Deepinder Kaur will inherit the properties and assets of the erstwhile ruler. Their third sister, Maheepinder Kaur, who was not married, died under mysterious circumstances in Shimla in 2001.
Brar had three daughters and a son, Harmohinder Singh, who died in a road accident in 1981. Following this, Brar went into a depression.
In her suit, Amrit Kaur, who lives in Sector 10 here, alleged that the will was forged by officials and servants of the ex-ruler at a time when he was depressed. The will, which gave all his properties and assets to the Meharwal Khewaji Trust, was registered in 1982. The trust had some of his servants on board, while his two daughters were appointed chairperson and vice-chairperson for a mere Rs1,200 and Rs1,000 per month.
Following the death of the erstwhile ruler in 1989, the trustees took control of all the properties and assets.
Amrit Kaur challenged the will, saying that the trust members had forced her father to sign it at a time when he was depressed. She had claimed that he was not in a “fit state of mind” when the will was drawn up. She pointed out that the will had completely excluded his wife, Narinder Kaur, and mother, Mohinder Kaur, who were alive in 1981-82.
Following the court order declaring the will “illegal and void”, the trustees are likely to appeal to a higher court.

Monday, June 17, 2013

ਧੋਖੇਬਾਜ਼ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ 'ਤੇ ਸਖਤ ਪੰਜਾਬ ਸਰਕਾਰ

ਚੰਡੀਗੜ੍ਹ- ਪੰਜਾਬ ਵਿਚ ਵਿਆਹ ਦੇ ਨਾਂ 'ਤੇ ਹੋਣ ਵਾਲੀ ਧੋਖਾਧੜੀ 'ਤੇ ਨੱਥ ਪਾਉਣ ਲਈ ਸਰਕਾਰ ਨੇ ਵਿਆਹ ਦੀ ਰਜਿਸਟ੍ਰੇਸ਼ਨ ਜ਼ਰੂਰੀ ਕਰ ਦਿੱਤੀ ਹੈ। ਪੰਜਾਬ ਕੈਬਨਿਟ ਦੀ ਸ਼ਨੀਵਾਰ ਨੂੰ ਹੋਈ ਇਕ ਬੈਠਕ ਵਿਚ ਇਹ ਫੈਸਲਾ ਲਿਆ ਗਿਆ ਹੈ। ਸਿਹਤ ਮੰਤਰੀ ਮਦਨ ਮੋਹਨ ਮਿੱਤਲ ਨੇ ਕੈਬਨਿਟ ਦੇ ਇਸ ਫੈਸਲੇ ਬਾਰੇ ਜਾਣਕਾਰੀ ਦਿੰਦਿਆਂ ਦੱਸਿਆ ਕਿ ਇਸ ਫੈਸਲੇ ਨਾਲ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਹੱਥੋਂ ਧੋਖੇ ਦਾ ਸ਼ਿਕਾਰ ਹੋਣ ਵਾਲੀਆਂ ਪੰਜਾਬ ਦੀਆਂ ਕੁੜੀਆਂ ਨੂੰ ਰਾਹਤ ਮਿਲੇਗੀ।
ਇਸ ਦੇ ਨਾਲ ਹੀ ਪੰਜਾਬ ਸਰਕਾਰ ਨੇ ਟ੍ਰੈਵਲ ਏਜੰਟਾਂ 'ਤੇ ਨੱਥ ਪਾਉਣ ਲਈ ਵੀ ਕੈਬਨਿਟ ਦੀ ਮੀਟਿੰਗ ਵਿਚ ਅਹਿਮ ਫੈਸਲੇ ਲਏ ਹਨ। ਹੁਣ ਪੰਜਾਬ ਦੇ ਸਾਰੇ ਟ੍ਰੈਵਲ ਏਜੰਟਾਂ ਨੂੰ ਸਰਕਾਰ ਦੇ ਕੋਲੋਂ ਰਜਿਸਟ੍ਰੇਸ਼ਨ ਕਰਵਾਉਣੀ ਪਵੇਗੀ ਜਿਸ ਨਾਲ ਵਿਦੇਸ਼ ਭੇਜਣ ਦੇ ਨਾਂ 'ਤੇ ਹੋਣ ਵਾਲੀ ਧੋਖਾਧੜੀ ਦੀ ਗੁੰਜਾਇਸ਼ ਘੱਟ ਜਾਵੇਗੀ।
ਜ਼ਿਕਰਯੋਗ ਹੈ ਕਿ ਪੰਜਾਬ ਦੀਆਂ ਹਜ਼ਾਰਾਂ ਲੜਕੀਆਂ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਹੱਥੋਂ ਧੋਖੇ ਦਾ ਸ਼ਿਕਾਰ ਹੋ ਚੁੱਕੀਆਂ ਹਨ। ਇਨ੍ਹਾਂ ਲਾੜਿਆਂ ਦੀ ਧੋਖਾਧੜੀ 'ਤੇ ਕਾਬੂ ਪਾਉਣ ਲਈ ਜਲੰਧਰ ਦੇ ਪਾਸਪੋਰਟ ਦਫਤਰ ਵਲੋਂ ਧੋਖੇਬਾਜ਼ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਦੇ ਪਾਸਪੋਰਟ ਰੱਦ ਕਰਨ ਦੀ ਮੁਹਿੰਮ ਵੀ ਸ਼ੁਰੂ ਕੀਤੀ ਗਈ ਸੀ। ਇਸ ਮੁਹਿੰਮ ਤਹਿਤ ਕਈ ਧੋਖੇਬਾਜ਼ ਲਾੜਿਆਂ ਦੇ ਪਾਸਪੋਰਟ ਰੱਦ ਵੀ ਹੋਏ ਹਨ। ਪੰਜਾਬ ਸਰਕਾਰ ਦੇ ਇਸ ਨਵੇਂ ਕਾਨੂੰਨ ਨਾਲ ਧੋਖੇਬਾਜ਼ ਲਾੜਿਆਂ 'ਤੇ ਠੱਲ੍ਹ ਪੈਣ ਦੀ ਉਮੀਦ ਕੀਤੀ ਜਾ ਰਹੀ ਹੈ।

Saturday, June 15, 2013

Emirates Airline fined Rs 56,000 for losing baggage


Emirates Airline has been directed by a consumer forum to pay Rs 56,000 to a passenger for loss of one of her bags while she was travelling from London to Delhi via Dubai.

The New Delhi District Consumer Disputes Redressal Forum, while holding the airline liable to pay compensation for the "harassment and inconvenience" caused to the passenger, said according to the law, valuables such as jewellery should not be kept in 'checked-in' luggage.

"The compensation is awarded on grounds of mental agony, harassment, loss, inconvenience and deficiency in service. It is to be noted that law does not permit keeping the valuables like jewellery or cash in the 'checked-in' baggage. We are not inclined to include cash and jewellery in awarding compensation for shock and mental agony due to loss of baggage and consequent harassment," the bench presided by C K Chaturvedi said.

The forum directed Emirates to pay Rs 40,000, including litigation costs, to Chandigarh resident Rajinder Kaur, along with US $280 (Rs 16,000) which the airline had offered her under the Carriage by Air Act on the basis of the weight of the lost bag.

Kaur said she had boarded the Emirates flight from London to Delhi via Dubai and when she had arrived at Dubai, she found that one of her three bags was missing.

She had filed a property irregularity report and despite assurances from the airline that her luggage would be delivered at her residence, Emirates could not locate the bag. In its defence, Emirates had contended that its liability was limited according to the Act and under that law, it had offered Kaur US $280, but she refused.

The forum said the Act does not cover harassment caused to a passenger.

Tuesday, April 9, 2013

Avtar Henry’s citizenship issue: Notice issued to Centre on PIL

Chandigarh, April 8
The Punjab and Haryana High Court today issued a notice to the Union Home Ministry on a PIL filed by Jalandhar-based RTI activist Ajay Seghal for becoming party to the revision petition filed by former minister Avtar Henry against the termination of his Indian citizenship. Sehgal had brought Avtar Henry’s citizenship issue under the judicial scanner.

Taking up the matter, Justice RN Raina issued a notice to Union Home Secretary and to Avtar Henry for April 23.

Directing Jalandhar Commissioner of Police to examine the complaint against Punjab's former minister regarding his citizenship, the High Court in December last year had made it clear that an FIR would have to be registered in case the allegations were prima facie found to be true.

The Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain had directed the Commissioner to examine the complaint dated September 27, 2012, filed by Sehgal and to order registration of an FIR against him, if a prima facie case was found to have been made out, within two months.

Sehgal, through advocate HC Arora, had stated that Avtar Henry acquired the British citizenship in 1969 under the name of Avtar Singh. He came to India on the British passport the same year and obtained an Indian passport, which was renewed from time to time. He also registered himself as a voter in the Jalandhar (North) constituency and contested the elections in 1986, 1992, 1997, 2002, 2007 and 2012.

Monday, April 8, 2013

Death-row convicts' kin should be informed in advance: Chief Justice of India

NEW DELHI: Amid the controversy over the hanging of Afzal Guru, Chief Justice of India (CJI) Altamas Kabir today said the families of death row convicts should be informed in advance about their execution.

However, he sought to play down the controversy on the issue saying the past incidents should not be raked up again.

"Procedure as has been in the past, they should have been informed and as far as I know, steps were taken to inform them," the CJI said in response to a question about keeping families of death row convicts informed in time about their execution.

The CJI's remarks came against the backdrop of the family of Guru, a Parliament attack convict, not being informed about his hanging in due time.

The communication regarding the rejection of Guru's mercy plea and his subsequent execution had reached his relatives two days after he was hanged on February 9.

The CJI along with law minister Ashwani Kumar was addressing a joint press conference after the conclusion of a conference of Chief Ministers and Chief Justices of high courts here.

"The law minister has rightly said these are the issues which have already taken place in the past and I think these things should not be raked up again today. But yes, the principle has always been that the family members were told about when the things would happen," Justice Kabir said.

However, Kumar preferred not to be dragged into the controversy and said, "I do not think that my personal opinion matters...as a law minister, I will rather comment on things that will happen in future not what has happened in the past. These are matters which are very subjective. I would rather not comment."

Further, he said the issue of mercy petitions is pending before the apex court and he would not like to comment on sub-judice matter.

"Postmortems can be unending. I am not going to comment on what were or were not the shortcomings. As far as the present batch of petitions are concerned that matter is before the Supreme Court. It is sub-judice. I will certainly not comment on that," he said.

The law minister was specifically asked whether Guru's family should also have been given an opportunity to approach court for stay of his execution.

He also said he cannot speak about delays in deciding the mercy petitions in the past but "there should not be delay in disposing the mercy petitions."

However, Justice Kabir, without going into the debate over delays, said, "If a death penalty were to be awarded and it is there under the system then the quicker things are done the better it is for everybody."

The comments by Justice Kabir and Kumar also came against the backdrop of rejection of mercy petitions of slain forest brigand Veerappan's four associates and the Supreme Court staying their hanging and also the apex court staying the execution of eight death row prisoners last evening.

Haryana again seeks separate high court

Punjab says growing pendency may cause law & order problem
New Delhi, April 7
Haryana has once again reiterated its demand for having a separate high court and further sought parity with neighbour Punjab in its share of judges in the existing common high court.

Since 1966, when Haryana was carved out of Punjab, the two states have a common high court in Chandigarh.

Haryana Chief Minister Bhupinder Singh Hooda, while speaking at the Conference of Chief Ministers of States and Chief Justices of the High Courts in the National Capital today, said: “A separate high court for the state was our Constitutional right. This will not only fulfil the aspirations of the people of Haryana but also strengthen the judicial system in the state.”

This, he suggested, can be done by bifurcating the existing premises, judges and staff of the Punjab and Haryana High Court.

Keeping in view the increased number of litigations originating from Haryana, he also asked for a change in the ratio of judges from 60:40 to 50:50 between Punjab and Haryana.

Hooda welcomed the idea of having an All-India Judicial Service and supported the initiative of the National Court Management System and the creation of a National Judicial Data Grid.

In his address, Himachal Pradesh Chief Minister Virbhadra Singh said his state would set up a State Judicial Academy on the outskirts of Shimla. Land has been allocated for the academy and Rs 37 crore earmarked for its construction. The government has given administrative approval of Rs 26 crore and expenditure sanction of Rs 7 crore for the academy, he added.

“The academy will create trained and qualified managerial cadre to manage the judiciary at all levels and also check the shortcomings in the institutions,” Virbhadra said.

Punjab Chief Minister Parkash Singh Badal could not make it to the conference due to his party’s conclave in Goa. His speech, which was distributed among delegates, said: “One great challenge that stares us in the face is the failure of the justice delivery system to deliver justice expeditiously which has brought about a sense of frustration amongst litigants. A common man may be tempted to take the law into his own hands by taking resort to extra-judicial means of securing justice which could prove dangerous for peace and stability, and success of the democratic system.”

Don't keep people on death row in limbo, CJI Altamas Kabir tells govt

NEW DELHI: Asking the Indian government not to keep mercy petitions of death row convicts pending for a long time, Chief Justice of India Altamas Kabir on Sunday said execution of death penalty should not be delayed. He also faulted the government for not informing Parliament attack convict Afzal Guru's family members before he was hanged.

"If a death penalty is to be awarded and it is there under the system, then the quicker things are done the better it is for everybody," Justice Kabir said at a press conference with law minister Ashwani Kumar after a meeting of chief ministers and chief justices of high courts on judicial reforms.

The inordinate delay in disposing of mercy petitions has been a cause of concern with one such convict, Devender Pal Singh Bhullar, approaching the apex court. Citing the delay of 11 years in adjudicating his mercy plea by the President, Bhullar said his death penalty should be commuted to life imprisonment. The apex court has reserved its judgment in the case.

Taking cue from Bhullar, several others whose mercy pleas were delayed moved the apex court, citing similar reasons. Among them are three convicted for the assassination of former PM Rajiv Gandhi and four aides of killed brigand Veerappan. The court has put off their cases till the Bhullar matter is decided.

On Saturday, following a petition filed by a civil rights group, the SC stayed for four weeks the execution of eight convicts on similar grounds. The delay in carrying out death sentences in these cases ranged from three to 12 years.

The parliamentary standing committee on home affairs had last month recommended that all mercy petitions should be decided by the President within three months.

On the news of Guru's hanging reaching his family after two days, Justice Kabir said, "The principle has always been that families have been informed about the execution."

The decision to execute Guru was communicated to his family which reached them two days after he was hanged on February 9.

The law minister, however, skirted the Guru issue and said he would rather "comment on things that will happen in future and not what has happened in the past".

Justice Kabir concurred with the law minister's views and said, "The law minister has rightly said these are issues which have already taken place in the past and I think these things should not be raked up again today."

The two-judge bench which stayed the execution of eight convicts on Saturday had also referred to the Guru case and said, "It should not happen as it happened in the J&K case (Afzal's hanging)."

The bench added, "Intimation of the execution reached the relatives of the person (Afzal) after his hanging. That is bad. The relatives lost an opportunity to meet the condemned prisoner for one last time before his execution."