However, the
latest findings in various hospitals show that the majority of osteoporosis
patients are
not caused by lack of calcium.
Their bones are complete and absorbing
calcium. So what is wrong with them? CT scan results show no signs of
osteoporosis, yet, the patients easily suffer from bone fractures. What's
going on?
Here, we came to know about a new strain
of osteoporosis that was discovered since about two years ago.
The most common type of bone fracture
nowadays is "spinal fracture". If
spinal fracture occurs, the risk of death is eight times higher than any
other type of bone fractures.
What is the reason that bones are
weakening? Why do patients suffer from broken spine?
It is an important factor to have
bone strength, not just bone density.. Bone collagen connective tissues are
also an important factor to create flexibility.
Many of us didn't realize this at first
sight. In the past, osteoporosis was viewed more on bone strength, and we
never hear and realize about these connective tissues.
To improve bone density
, it's a common knowledge to do
regular exercise and have a higher calcium intake like by eating
calcium-rich dried fishes.
But now, we have to think of a new measure to maintain bone collagen
connective tissues to have enough flexibility. From this simple measure, you
may escape from the risk of death caused by fracture of spinal bones.
To measure or determine strong bone and
bone mineral density are not as easy as what you may think.
Clinically, it has to pass various
tests.
Well, what is the major cause that
leads to reduction of bone collagen connective tissues? Do you believe that
it is
because of high blood sugar?
The major component of bone, which is about one half of its structure, is
calcium, and collagen is the other half. Collagen fibres run through
hundreds of bone materials (calcium), and the bones that we know are made.
You can imagine that the bone materials
(calcium) are somewhat bonded by collagen and kept with reasonable
flexibility. However, when blood sugar increases, the collagen will be
joined as if there is an adhesive cement around, and the bone will become
brittle.
To avoid the increase of blood
sugar, exercise is one of the best things to do
. Aside
from it, we recommend you to take a balanced
diet that contains vitamin B12 and vitamin B6,
and foods such as mackerel,
sardines, clams, folic
acid, broccoli,
spinach, garlandchrysanthemum, soybeans,
and asparagus.
By taking these foods, you can have
strong flexible bones.
## 3 COMMON MYTHS ON OSTEOPOROSIS
1. Myth:
Young people should not worry about osteoporosis.
Wrong
. You
will not realize that you have osteoporosis until you have this condition in
advanced stages. That is why it is very important to begin proper nutrition
and regular exercise as early as childhood to promote healthy bones.
2. Myth:
Only women get osteoporosis.
Wrong
. Although
less common, men can get osteoporosis, too. 20% of those affected by
osteoporosis are men.
3. Myth:
Drinking plenty of milk will help you prevent osteoporosis.
Not entirely true
. Even
though drinking milk is a good way to get calcium, it is not the only factor
in preventing osteoporosis. There are others as mentioned in this article.
==========================================================
Important Announcement made by Swami Ramdev and Anna Hazare
The
following is the important announcement made by Swami Ramdev and Anna Hazare:-
The
candidate proposed by the Congress Party in the ensuing Hissar Election
should not allowed to win. They and their followers will make all out
efforts in this direction. The reasons given by them are as under:-
(a) The
lathi charge on the night of 4th June
’11 at Ram Lila ground on the innocent persons including ladies and children
has been the most heinous crime committed by the Congress Party. It was so
brutal that Rajbala died after struggle of 114 days. The Congress Party must
pay a very heavy price so that their candidates should not be allowed to
enter the parliament.
(b) The
Congress Party scuttled the framing of Jan Lok Pal Bill first by accusing
the members of the Civil Society and then making false promises despite such
a massive support by the public.
The
Congress Party first lost in Damoh then in Jamshed Pur and now will lose in
Hissar. Since the Congress Party with their allies has majority in the
Parliament, if the Jan Lok Pal bill is not passed in the winter session,
Anna Hazare has warned the Congress Party that he will campaign against
Congress in the ensuing elections in five states.
All
the intellectuals and responsible citizens must defeat the designs of the
dirty politicians who first come to us with folded hands but once elected
don’t hesitate to lathi charge the innocent citizens who demanded actions
against the black money and corruption. Many of them are goonda elements and
looters of public money as may be seen from their returns. Are we so
incompetent to make such people to boss over us? These are the utterances of
Swami Ramdev and Anna Hazare. As a responsible citizen, we must spare some
of our time on daily basis to spread their message in our family, friend
circle and society.
DRT Solutions Weekly Mail – 177th Issue dated 30th
September ’11
(1) Audio Recording of Court Arguments in DRTs
We have been
repeatedly emphasizing to our clients for audio recording of court room
arguments. On 23.09.11, one of our clients made such record and the audio
clip was mailed to us on 26.09.11. Our actions were as under:-
(a)
We listened to the said audio recording and got the first
hand information about the arguments conducted by both the parties as well
as the questions asked by the Judge. The matter was part heard and the
arguments were to be resumed on 30.09.11.
(b)
Mr. Sharma, our associate and ex-GM(Law) made a thorough
legal research and relevant citations and articles were mailed to the client
on 27.09.11. Such material will be highly useful to the advocate.
Our comments
are as under:-
(c)
Had such audio record not sent to us, we would have not come
to know about the finer points and such valuable feedback by us would have
not been possible..
(d)
In view of above, we again request all our clients to make
necessary arrangements for audio recording of the arguments and mail the
same to us. Initially actual field trials be conducted for recording as well
as e-mailing the said audio clips.
(e)
In USA, there is practice of above mentioned recording since
1935. The audio clips as well as the transcripts are completed on the same
day and are provided to both the parties. In or country, we have not yet
started this important practice.
(f)
Record of actual Court room arguments is an important record
and evidence without which the court proceedings are incomplete. Written
arguments is not the actual and not complete record of the said court room
arguments. Any amount of written record can not meet with the standard of
quality and quantum of the said oral arguments.
(g)
It will be highly valuable to our clients as they will get
necessary feedback, guidance and suggestions as well as useful citations
from us.
(h)
Such recording can be carried out on suitable voice recorder
or mobile phone. The audio files can be compressed to MP3 format and may be
mailed in batches not more than 25 gb each.
(2) Misconceptions of the Advocates about the DRTs
One of our
clients from Delhi met few DRT Advocates and had a discussions with them and
conveyed to us their following impressions which are totally wrong. The said
advocates may not have necessary knowledge and experience of actual trials
relating to banking. Our comments are as under:-
Impression No
1 :- DRT is nothing but just a Recovery agency of the bank and
judges are their recovery agents appointed by the banks and cannot go
against bank at any costs.
Our Comments
:- DRT is the only trial court where the banking cases are adjudicated.
Conducting thorough trials depends on the advocates. Since most of the
advocates in DRTs are young and don’t have real practical knowledge of
trials, they have formed such impressions. Had it been so, why few of our
clients have won cases against the bank. It is relevant to mention that 4
banks having claim of nearly Rs. 90 crores against one client lost the
securitization case. In anther case on account of the counter-claim, the
bank was forced to settle for amount less than 5% of the claim.
Impression No
2
:- DRT must and will surely act in favour of bank, come what may happen.
Our Comments :- If perfect pleadings are made and case is fought
perfectly on every date, the DRT Judge cannot favour the banks. If borrowers
are vigilant and act as per our guidance and advice, the judge can not show
any favour as he is required to give all his orders in writing and if there
is any favour in writing that will be removed in Review or Appeal.
Impression No
3
:- DRT is not competent or willing to listen to us, other than concerning
our bank loan. We need to file a Suit against the Bank in Delhi High Court.
Our Comments
:- Consequent on establishment of DRTs, the Civil Courts do not have
jurisdiction vide Sec 34 of the Securitisation Act and DRT Act and hence
filing such suit against bank in High Court will be a wasteful exercise. If
the advocate of the borrower is competent and experienced, he can definitely
obtain favourable results from DRT or higher courts.
DRTs were
formed consequent on the Tiwari Committee Report vide RBI Publication of
1984. In the said report it is mentioned that the DRTs will be manned by
i.e. the DRT Judges and DRT Advocates having knowledge and experience of
banking, industry and finance. Such recommendation has not yet been
implemented even after 18 years of enactment of the DRT Act.
Despite orders
of the Supreme Court, the tribunals like DRTs still continue under the
Ministry of Finance instead of Ministry of Law.
Hence for the
borrowers advocates, it is all the more important to highlight these facts
in all their arguments and file review and appeal against all the orders
which are legally defective.
(3) Thoughts on Life
Mr. Firoz
Poonawalla has sent the following beautiful piece:-
But a long journey is just
like few steps
when you walk with someone
who loves and cares for you.
We always look and care for the person
whom we love the most.
But we fail to look back at those
who love us the most.
Death's not the greatest loss in life..
The greatest loss is when
relationships die inside us while
we are still alive...
Life is not about the people
who act true on your face..
Its about the people who
remain true behind your back..
Time decides whom you meet in life
Your heart decides whom you want in life..
but your behavious decides
who will stay in your life...
You can win life by all means..
Yes..
If you simply avoid two things...
1. Comparing - with others
2. Expecting - from other
Life will be more beautiful!!__,_._,___
==========================================================
Ambedkar did not like the present Constitution – He said that he will be the
first person to burn it
From page 386
of the book ‘Worshipping False Gods’ by Arun Shourie, 5th
Impression 2001, published by HarperCollins, the following extract is
reproduced:-
“Sir, my
friends tell me that I have made the Constitution. But I am quite prepared
to say that I shall be the first person to burn it out. I do not want it. It
does not suit anybody …..”
From page 385
of the said book, the following extract is reproduced:-
“ Oh, you are
the maker of the Constitution” My answer is that I was a hack. What I was
asked to do, I did much against my will”
DRT
Solutions Weekly Mail – 176th Issue dated 23rd
September ’11
(1) 25% Deposit with the Appeal u/s 18 in Securitisation Act – recent Case
of One of Our Clients
One of our
clients from Mumbai called on us and discussed the following points:-
(a)
The DRT Mumbai decided the Securitisation case. The borrower
appealed to DRAT Mumbai u/s 18 of the Securitisation Act. The question of
deposit came up before the DRAT. The DRAT observed that the alleged debt due
was Rs. 8 crores. The assets were sold for Rs. 7.6 lacs. Hence the DRAT
Mumbai waived the prescribed deposit in the said appeal u/s 18 of the
Securitisation Act.
(b)
After issue of the said order of waiver, the Chairperson of DRAT Mumbai
retired. The Chairperson of DRAT Kolkata is looking after the work of DRAT
Mumbai.
(c)
The opposite party questioned the said order of waiver of the deposit.
Our comments
were as under:-
(i)
As per Section 31(j), amount due is less than 20% and hence
the provisions of the Act shall not apply and hence there will be no
deposit. The matter is still going on.
(ii)
We found that the party got counter-claim prepared from us
but they did not file it. We advised them to file the same as early as
possible as it was the only final defence. After filing the counter-claim
(which is much more than the claim of the bank, the situation of ‘No Debt
Due’ will be created and hence the said deposit will not be required.
(iii)
In this case, the borrower may have been saved. But we have
been repeatedly emphasizing that the constitutional validity of the said
deposit must be questioned by the borrowers but it has not been done so far.
Hence all the borrowers will suffer greatly if such provision of 25%
continues.
(2) Admission of Debt in Balance Sheet – Our Contentions proved true vide
Recent Judgment of Bombay High Court
With reference to Rule 12(5) of the DRT (Procedure) Rules,
1993, we have been advising the
borrowers to
make a note in the balance sheet about the disputed bank overdues, to
mention about the loss and damages as well as the counter-claim etc. Such
note should be brought to the notice of the auditor so that he also mentions
these points in his audit report.
Our above
contentions were proved right vide the recent Bombay High Court judgment
delivered on 01.12.2010 in W.P. No 5309 of 2010 in the matter of Inteltek
Automation Pvt Ltd vs Indusind Bank Ltd. wherein the DRT decreed the debt
mentioned in the balance sheet ignoring the note in the balance sheet. The
DRAT also upheld the verdict of the DRT. These contentions were reversed by
the Bombay High Court stating that due to the said note as well as the
auditor’s report, there was no express admission of the debt and hence the
judgment of the DRAT was set aside.
(3) Why do we shout in anger?
Mr. Firoz
Poonawalla has sent the following beautiful piece:-
A saint asked his disciples, 'Why do we shout in anger? Why do people shout
at each other when they are upset?'
Disciples thought for a while, one of them
said, 'Because we lose our calm, we shout for that.'
'But, why to shout when the other person is
just next to you?' asked the saint. 'Isn't it possible to speak to him or
her with a soft voice? Why do you shout at a person when you're angry?'
Disciples gave some other answers but none
satisfied the saint.
Finally he explained, 'When two people are
angry at each other, their hearts distance a lot. To cover that distance
they must shout to be able to hear each other. The angrier they are, the
stronger they will have to shout to hear each other through that great
distance.'
Then the saint asked, 'What happens when two
people fall in love? They don't shout at each other but talk softly, why?
Because their hearts are very close. The distance between them is very
small...'
The saint continued, 'When they love each
other even more, what happens? They do not speak, only whisper and they get
even closer to each other in their love. Finally they even need not whisper,
they only look at each other and that's all. That is how close two people
are when they love each other.'
MORAL: When
you argue do not let your hearts get distant, do not say words that distance
each other more, else there will come a day when the distance is so great
that you will not find the path to return.
===========================================================================
Nehru_Gandhi_Family_Secrets
One of our
clients has sent attached presentation which gives interesting secrets of
Nehru Gandhi family
DRT Solutions Weekly Mail – 175th Issue dated 16th
September ’11
(1) Decision of Judge depends on Pleadings and Petitioner’s Advocate
Since 1989, we
have observed the following phenomena in the trial courts:-
(a)
First step and the foundation of the entire litigation
depends on the pleadings. In banking cases, the pleadings must be prepared
by a person having mastery of facts (i.e. banking, industry, finance, law of
damages, law of torts, CPC, banking laws, RBI Guidelines, law of evidence
and since 1993, DRT Act, Securitisation Act, procedural laws relating to the
DRTs etc).
(b)
The judges are mostly favoring the banks. Hence the pleadings
as well as the advocates of the borrowers become very important.
(c)
Since in banking cases, the complex facts relating to the
banking, industry and finance are involved, proper pleadings covering all
the aspects to these factors are required. Even borrowers are not
knowledgeable about these technical aspects relating to the said factors. If
the services of the experts with due support of the legal aspects is not
utilized and only the borrower himself alone is involved in getting the
pleadings prepared by normal advocates, there will be numerous deficiencies.
Further in the court, the case is contested by the said advocate (not having
special expertise in banking, industry and finance), one should not expect
proper results from such trial.
(d)
In civil courts, the cases used to take 10 to 20 years and
due to such long time portion of the deficiencies used to be got corrected
if there is active involvement of the borrower otherwise the trial became
highly time consuming and expensive.
(e)
The procedural law was well defined due to the CPC 1907 and
the Indian Evidence Act, 1872. The precedents were documented and classified
for a period over 100 years. Senior Trial Lawyer has several juniors who
used to go through the said precedents and the arguments were prepared based
on such precedents.
(f)
The scenario underwent a remarkable change with the creation
of DRTs in 1993. There were no advocates and mostly young advocates fresh
from the colleges started practice in DRTs. There were no precedents. The
DRT Act 1993 and later the Securitisation Act 2002 were conditional
legislation mentioning certain time limits for expeditious actions at
various stages. The formal inclusion of counter-claim was introduced in
2000. The quality of pleadings and standard of arguments were obviously
poor. On account of such sorry state of affairs, we introduced suitable
pleadings based on comprehensive knowledge of banking, industry, finance,
law of torts, law of damages, law of evidence etc. Our guidance and advice
helped the arguing advocates.
(g)
The Tiwari Committee Report, 1984 of RBI on basis of which
DRTs were constituted mentioned at page 77 that the DRTs should be manned by
(i.e. the Judges and Advocates) should have specialized knowledge in
banking, industry and finance. But till date this basic requirement has not
yet been implemented.
(h)
On one hand, there is pendency of more than 3 crore cases in
the country and a sitting judge of AP High court has said that it will take
320 years to clear the pendency. Hence it is ridiculous to mention that DRTs
should decide the cases in 6 months.
(i)
Despite verdict of Supreme Court, the DRTs are not being
transferred from Ministry of Finance to Ministry of Law. In several DRTs
there are agitations against the POs on account of obvious favour to
banks.
(j)
In UK, the concept of Tribunal was introduced in 1800 and the
procedural law was evolved through court battles which lasted 157 years and
it is only in 1957, Frank Committee decided that the supervision and
monitoring on the tribunal should be by a public bodies.
(k)
In our country the judiciary is not so professional to learn
from experience in UK and USA. We are struggling to evolve our own laws but
the litigants are suffering greatly.
(l)
Some of our clients could afford the services of senior
advocates and the results were definitely much better. We published the
success stories in our web site since 2000. To spread the knowledge, we
organized All India DRT Conferences in May 2008 and January 2011. We started
weekly mail from June 2008 wherein our practical comments helped our clients
and their advocates.
(m)
We are not against the junior advocates but it is pathetic to
observe that on account of their inexperience in trial court, the DRT judges
have become arrogant and the litigants are greatly suffering.
(n)
Under the above facts and circumstances, we observed that all
the success stories have two common factors i.e. Proper Pleadings and Senior
Advocates. That is why our slogan since 2000 has been perfect pleadings and
perfect advocacy on all dates.
(2) Copying the Pleadings will not help at all
Recently we
have come across a case where a counter-claim was prepared by copying our
pleadings. We observe that even the copying was not proper as there were
several mistakes. If the person who has done such copying does not have
intimate knowledge of facts and laws related to banking industry and finance
as well as no experience of trial court, such copying will land the borrower
in trouble as we provide suitable guidance and advice on all dates and such
services will not be available in the case where copying has been done. When
the borrower approached us for advice, we declined as the pleadings were not
prepared by us.
(3) The Courts in India 2500 years back had 3 Juries from public
Recently we
happen to hear a discourse by Swami Pradumn Maharaj (Guru of Swami Ramdev)
on Manu Smriti. Such discourse are televised from 4AM to 5:30AM daily on
Sanskar Channel. When he was dealing with the Chapter VIII and mentioned
that the King appointed Judges in the courts and in some courts there were 3
juries to assist the Judge, we became curious and studied the Manu Smriti.
Manu Smriti
is one of the oldest and probably the most important of the smritis which
contain the laws (conduct in life) that need to be followed in various
orders of life and by persons of various tendencies (varnas)
In Chapter
VIII, it is mentioned in Slokas 9, 10 and 11, that the suits which were not
personally investigated by the King, were assigned to the Court which
consisted of learned Judge assisted by 3 learned persons from public.
The role of
the said 3 learned persons must be like Juries in USA where verdict of the
Juries is given due weight and attention.
Thus our
courts 2500 years back were much more advanced to achieve justice.
Our present
court system was established by British and it had the jury system. The said
Jury system was abolished after the famous Nanavati case. But the jury
system still continues in USA.
In our view,
the DRTs need jury system of Manu i.e. if there are 3 eminent persons
(businessmen and or industrialist) as Juries to assist the Judge in DRT, the
decisions will be far better than at present.
(4) Great Truths
Mr. Firoz
Poonawalla has sent the following beautiful piece:-
1. We hang the petty thieves and appoint the great ones to public office.
- Aesop
2. If you don't read the newspaper
you are uninformed, if you do read the newspaper you are misinformed.
-- Mark Twain
3. Suppose you were an idiot. And
suppose you were a member of Congress. But then I repeat myself.
-- Mark Twain
4. I contend that for a nation to
try to tax itself into prosperity like a man standing in a bucket and
trying to lift himself up by the handle.
-- Winston Churchill
5. A government which robs Peter to
pay Paul can always depend on the support of Paul.
-- George Bernard Shaw
6. A liberal is someone who feels a
great debt to his fellow man, which debt he proposes to pay off with your
money.
-- G. Gordon Liddy
7. Democracy must be something more
than two wolves and a sheep voting on what to have for dinner.
-- James Bovard, Civil Libertarian
(1994)
8. Foreign aid might be defined as a
transfer of money from poor people in rich countries to rich people in poor
countries.
-- Douglas Casey, Classmate of Bill
Clinton at Georgetown University
9. Giving money and power to
government is like giving whiskey and car keys to teenage boys.
-- P.J. O'Rourke, Civil Libertarian
10. Government is the great fiction,
through which everybody endeavors to live at the expense of everybody else.
-- Frederic Bastiat, French
economist(1801-1850)
11. Government's view of the economy
could be summed up in a few short phrases: If it moves, tax it. If it keeps
moving, regulate it. And if it stops moving, subsidize it.
-- Ronald Reagan (1986)
12. I don't make jokes. I just watch
the government and report the facts.
-- Will Rogers
13. If you think health care is
expensive now, wait until you see what it costs when it's free!
-- P.J. O'Rourke
14. In general, the art of
government consists of taking as much money as possible from one party of
the citizens to give to the other.
-- Voltaire (1764)
15. Just because you do not take an
interest in politics doesn't mean politics won't take an interest in you!
-- Pericles (430 B.C.)
16. No man's life, liberty, or
property is safe while the legislature is in session.
-- Mark Twain (1866)
17. Talk is cheap...except when
Congress does it.
-- Anonymous
18. The government is like a baby's
alimentary canal, with a happy appetite at one end and no responsibility at
the other.
-- Ronald Reagan
19. The inherent vice of capitalism
is the unequal sharing of the blessings. The inherent blessing of socialism
is the equal sharing of misery.
-- Winston Churchill
20. The only difference between a
tax man and a taxidermist is that the taxidermist leaves the skin.
-- Mark Twain
21. The ultimate result of shielding
men from the effects of folly is to fill the world with fools.
-- Herbert Spencer, English
Philosopher (1820-1903)
22. There is no distinctly Native
American criminal class...save Congress.
-- Mark Twain
23. What this country needs are more
unemployed politicians.
-- Edward Langley, Artist
(1928-1995)
24. A government big enough to give
you everything you want, is strong enough to take everything you have.
-- Thomas Jefferson
=======================================================================
A Daring Mail from Student of IIT Mumbai on Rahul Gandhi
Received this mail
from Nitin Gupta (Rivaldo) B Tech, IIT Mumbai, Hats Off to him. Send this to
all educated people (hope they understand) and explain to all uneducated
people (as many as possible) –
Must read
fully!!!!!!
DISCLAIMER: I DON'T ENDORSE ANY POLITICAL PARTY. NOR DO I ENDORSE ANY OF
WHAT MAYAWATI IS DOING. WAS JUST TAKEN ABACK BY RAHUL GANDHI'S HYPOCRITICAL
COMMENT AT THE RECENT FARMER AGITATION IN UTTAR PRADESH.
Rahul Gandhi: "I feel ashamed to call myself an INDIAN after seeing what
has happened here in UP".
PLEASE DON'T BE ASHAMED OF U.P. YET
Please don't be ashamed of Uttar Pradesh yet. Congress ruled the State for
the Majority of the duration Pre Independence to Post Independence.. from
1939 to 1989 ( barring the Periods of Emergency.. Thanks to your Grand Mom
Indira G. and a couple of transitional Governments)
8 out of the total 14 Prime Ministers of India have been from UP, 6 out of
those 8 have been from Congress...
I think your party had more than half a century and half a Dozen PM's to
build a State...
The Reason Mulayam Singh, subsequently came to Power is because your party
wasn't exactly Gandhian in their dealings in the State.. So May be If you
look at in totality the present chaos in UP is the outcome of the glorious
leadership displayed by Congress in UP for about 50 years!
So Please don't feel ashamed as yet Dear Rahul.. For Mayawati is only
using the Land Acquisition Bill which your party had itself used to LOOT
the Farmers many times in the Past!
WHY DIDN'T YOUR PARTY CHANGE THE BILL WHEN IT WAS IN POWER FOR SO LONG?
Not that I Endorse what Mayawati is doing.. What Mayawati is doing is
Unacceptable..
But the past actions of your party and your recent comments, puts a
question mark on your INTENT and CONSISTENCY.
YOU REALLY WANT TO FEEL ASHAMED
But don't be disappointed, I would give you ample reasons to feel
ashamed...
You really want to feel Ashamed..?
First Ask Pranav Mukherjee, Why isn't he giving the details of the account
holders in the Swiss Banks.
Ask your Mother, Who is impeding the Investigation against Hasan Ali in
the 74,000 Crore tax evasion case ?
Rajiv Gandhi had a total of Swiss Franc 2.5 billion ($2.2 billion) in
secret account In November 1991 [SEE ANNEXURE 10]
After his death, SoniaG was the sole beneficiary of that amount. And that
was 1991, Only She knows her account balance now.. Could that be the
reason the Govt. of India is not releasing the list of account holders in
the Swiss Banks ?
Ask her, Who got 60% Kickbacks in the 2G Scam ?
Kalamdi is accused of a Few hundred Crores, Who Pocketed the Rest in the
Common Wealth Games?
Ask Praful Patel who made Indian Airlines so Sick? Why did Air India let
go of the Profitable Routes ?
Why should the Tax Payer pay for the Air India losses?
Also, You People can't run an Airline Properly. How can we expect you to
run the Nation?
Ask Manmohan Singh. Why/What kept him quiet all this while?
People say He is Honest. Honest to the Nation, or Honest to a PERSON?
THE CBI raided the vault of the Reserve Bank of India and found a huge
cache of COUNTERFEIT INDIAN currency lying in the denomination of 500 and
1000. IN
THE RESERVE BANK OF INDIA???
Why is the Govt. of India quiet on that ?
So, Could the reasons for sustained INFLATION be MORE related to POLITICS
than ECONOMICS?
Who let the BHOPAL GAS TRAGEDY Accused go Scot Free? (20,000 People died
in
that Tragedy)
Who ordered the State Sponsored Massacre of SIKHS in 84?
Please read more about, How Indira Gandhi pushed the Nation Under
Emergency
in 76-77, after the HC declared her election to Lok Sabha Void!
(I bet She had utmost respect for DEMOCRACY and JUDICIARY and FREE PRESS)
I guess you know the answers already. So My question is, Why the Double
Standards in Judging Mayawati and members of your Family and Party?
I condemn Mayawati. But Is She the only one you feel Ashamed for?
What about the ones close to you? For their contribution to the Nation's
Misery is beyond comparison.
You talk about the Land being taken away from the Farmers. How many
Suicides
have happened under your Parties Rule in Vidarbha ? Does that Not Ashame
You ?
THE 72,000 CRORE LOAN WAIVER
Your Party gave those Farmers a 72,000 Crore Loan Waiver. Which didn't
even
reach the Farmers by the way.
So, Why don't you focus on implementing the policies which your govt. has
undertaken, instead of earning brownie points by trying to manufacture
consent by bombarding us with pictures of having food with Poor
Villagers....
You want to feel ashamed. You can feel ashamed for your Party taking
CREDIT
for DEBITING the Public Money (72,000 crores) from the Government Coffers
and literally Wasting it...
You want to feel ashamed.. Feel ashamed for that...
WHY ONLY HIGHLIGHT THIS ARREST?
Dear Rahul, to refresh your memory, you were arrested/detained by the FBI
the BOSTON Airport in September 2001.
You were carrying with you $ 1,60,000 in Cash. You couldn't explain why
you
were carrying so much Cash. Incidentally He was with his Columbian
girlfriend Veronique Cartelli, ALLEGEDLY, the Daughter of Drug Mafia.
9 HOURS he was kept at the Airport.
Later then freed on the intervention of the then Prime Minister Mr.
Vajpayee.. FBI filed an equivalent of an FIR in US and released him.
When FBI was asked to divulge the information, by Right/Freedom to
Information Activists about the reasons Rahul was arrested ... FBI asked
for a NO OBJECTION CERTIFICATE from Rahul Gandhi.
So Subramaniyam Swami wrote a Letter to Rahul Gandhi, " If you have
NOTHING
to HIDE, Give us the Permission"
HE NEVER REPLIED!
Why did that arrest not make Headlines Rahul? You could have gone to the
Media and told, "I am ashamed to call myself an INDIAN?".
Or is it that, you only do like to highlight Symbolic Arrests (like in UP)
and not Actual Arrests ( In BOSTON)
Kindly Clarify.....
In any case, you want to feel ashamed, Read Along...
YOUR MOTHER'S SO CALLED SACRIFICE OF GIVING UP PRIME MINISTER SHIP in
2004.
According to a Provision in the Citizenship Act a Foreign National who
becomes a Citizen of India, is bounded by the same restrictions, which an
Indian would face, If he/she were to become a Citizen of Italy.
(Condition based on principle of reciprocity)
[READ ANNEXURE- 1&2]
Now Since you can't become a PM in Italy, Unless you are born there.
Likewise an Italian Citizen can't become Indian PM, unless He/She is not
born here!
Dr. SUBRAMANIYAM SWAMI (The Man who Exposed the 2G Scam) sent a letter to
the PRESIDENT OF INDIA bringing the same to his Notice. [READ LETTER TO
THE PRESIDENT IN ANNEXURE -3]
PRESIDENT OF INDIA sent a letter to Sonia Gandhi to this effect, 3:30 PM,
May 17th, 2004.
Swearing Ceremony was scheduled for 5 PM the same Day.
Manmohan Singh was brought in the Picture at the last moment to Save
Face!!
Rest of the SACRIFICE DRAMA which she choreographed was an EYE WASH!!!
Infact Sonia Gandhi had sent, 340 letters, each signed by different MP to
the PRESIDENT KALAM, supporting her candidacy for PM.
One of those letters read, I Sonia Gandhi, elected Member from Rai Bareli,
hereby propose Sonia Gandhi as Prime Minister.
So SHE was Pretty INTERESTED! Until She came to know the Facts!
So She didn't make any Sacrifice, It so happens that SONIA GANDHI couldn't
have become the PM of INDIA that time.
You could be Ashamed about that Dear Rahul!! One Credential Sonia G had,
Even that was a HOAX!
THINK ABOUT YOURSELF.
You go to Harvard on Donation Quota. ( Hindujas Gave HARVARD 11 million
dollars the same year, when Rajiv Gandhi was in Power)
Then you are expelled in 3 Months/ You Dropped out in 3 Months.... ( Sadly
Manmohan Singh wasn't the Dean of Harvard that time, else you might have
had
a chance... Too Bad, there is only one Manmohan Singh!)
Some Accounts say, You had to Drop out because of Rajiv Gandhi's
Assassination.
May be, But Then Why did you go about lying about being Masters in
Economics
from Harvard .. before finally taking it off your Resume upon questioning
by
Dr. SUBRAMANIYAM SWAMI (The Gentlemen who exposed the 2G Scam)
At St. Stephens.. You Fail the Hindi Exam.
Hindi Exam!!!
And you are representing the Biggest Hindi Speaking State of the Country?
SONIA GANDHI's EDUCATIONAL QUALIFICATIONS
Sonia G gave a sworn affidavit as a Candidate that She Studied English at
University of Cambridge
[SEE ANNEXURE-6, 7_37a]
According to Cambridge University, there is no such Student EVER! [ SEE
ANNEXURE -7_39]
Upon a Case by Dr. Subramaniyam Swami filed against her, She subsequently
dropped the CAMBRIDGE CREDENTIAL from her Affidavit.
Sonia Gandhi didn't even pass High School. She is just 5th class Pass!
In this sense, She shares a common Educational Background with her 2G
Partner in Crime, Karunanidhi.
You Fake your Educational Degree, Your Mother Fakes her Educational
Degree.
And then you go out saying, " We want Educated Youth into Politics!"
Letters sent by Dr. Swami to EC and then Speaker of Lok Sabha are in
ANNEXURE 7_36 &7_35 RESPECTIVELY
Contrast that with Gandhi Ji , who went to South Africa, Became a
Barrister, on Merit, Left all that to work for South Africa, then for the
Country....
WHY LIE ABOUT EDUCATIONAL CREDENTIALS?
Not that Education is a Prerequisite for being a great Leader, but then
you shouldn't have lied about your qualifications!
You could feel a little ashamed about Lying about your Educational
Qualifications. You had your reasons I know, Because in India, WE RESPECT
EDUCATION!
But who cares about Education, When you are a Youth Icon!!
YOUTH ICON
You traveled in the Local Train for the first time at the Age of 38.
You went to some Villages as a part of Election Campaign.
And You won a Youth Icon!! ... That's why You are my Youth Icon.
For 25 Million People travel by Train Everyday. You are the First Person
to win a Youth Icon for boarding a Train.
Thousands of Postmen go to remotest of Villages. None of them have yet
gotten a youth Icon.
You were neither YOUNG Nor ICONIC!
Still You became a Youth Icon beating Iconic and Younger Contenders like RAHUL
DRAVID.
Shakespeare said, What's in a Name?
Little did he knew, It's all in the Name, Especially the Surname!
Speaking of Surname, Sir
DO YOU REALLY RESPECT GANDHI, OR IS IT JUST TO CASH IN ON THE GOODWILL OF
MAHATMA ?
Because the Name on your Passport(ITALIAN) is RAUL VINCI.
Not RAHUL GANDHI..
May be if you wrote your Surname as Gandhi, you would have experienced,
what Gandhi feels like, LITERALLY ( Pun Intended)
You People don't seem to use Gandhi much, except when you are fighting
Elections. ( There it makes complete sense).
Imagine fighting elections by the Name Raul Vinci...
It feels sadly Ironic, Gandhi Ji, who inspired Icons like Nelson Mandela
,Martin Luther King Jr. and John Lennon, across the world, Couldn't
inspire members of his party/ Nehru's Family, who only seem to use his
Surname for the purposes of FIGHTING ELECTIONS and conveniently use a
different name on their PASSPORT.
You could feel ashamed for your Double Standards.
YOUTH INTO POLITICS.
Now You want Youth to Join Politics.
I say First you Join Politics.
Because you haven't Joined Politics. You have Joined a Family Business.
First you Join Politics. Win an Election fighting as RAUL VINCI and Not Rahul
Gandhi, then come and ask the youth and the Educated Brass for more
involvement in Politics.
Also till then, Please don't give me examples of Sachin Pilot and Milind Deora
and Naveen Jindal as youth who have joined Politics..
They are not Politicians. They Just happen to be Politicians.
Much Like Abhishek Bachchan and other Star Sons are not Actors. They just
happen to be Actors (For Obvious Reasons)
So, We would appreciate if you stop requesting the Youth to Join Politics
till you establish your credentials...
WHY WE CAN'T JOIN POLITICS!
Rahul Baba, Please understand, Your Father had a lot of money in your
Family account ( in Swiss Bank) when he died.
Ordinary Youth has to WORK FOR A LIVING.
YOUR FAMILY just needs to NETWORK FOR A LIVING
If our Father had left thousands of Crores with us, We might consider
doing the same..
But we have to Work. Not just for ourselves. But also for you. So that we
can pay 30% of our Income to the Govt. which can then be channelized to
the Swiss Banks and your Personal Accounts under some Pseudo Names.
So Rahul, Please don't mind If the Youth doesn't Join Politics. We are
doing our best to fund your Election Campaigns and your Chopper Trips to
the Villages.
Somebody has to Earn the Money that Politicians Feed On.
NO WONDER YOU ARE NOT GANDHI'S. YOU ARE SO CALLED GANDHI'S!!
Air India, KG Gas Division, 2G, CWG, SWISS BANK Account Details... Hasan
Ali, KGB.
Then Sonia Gandhi proclaimed 'zero tolerance' to corruption at a party
rally in Allahabad in November 2010. WHAT A HYPOCRITE!
You want to feel ashamed..
Feel Ashamed for what the First Family of Politics has been reduced to...
A Money Laundering Enterprise.
NO WONDER YOU ARE NOT GANDHI'S BY BLOOD. GANDHI is an adopted Name. For
Indira didn't marry Mahatma Gandhi's Son.
For even if you had one GENE OF GANDHI JI in your DNA. YOU WOULDN'T HAVE
BEEN PLAGUED BY SUCH 'POVERTY OF AMBITION' ( Ambition of only EARNING
MONEY)
You really want to feel Ashamed.
Feel Ashamed for what you ' SO CALLED GANDHI'S' have done to MAHATMA'S
Legacy..
I so wish GANDHI JI had Copyrighted his Name!
Meanwhile, I would request Sonia Gandhi to change her name to $ONIA
GANDHI, and you could replace the 'R' in RAHUL/RAUL by the New Rupee
Symbol!!!
RAUL VINCI : I am ashamed to call myself an Indian.
Even we are ashamed to call you so!
P.S: Popular Media is either bought or blackmailed, controlled to
Manufacture Consent!
My Guess is Social Media is still a Democratic Platform. (Now they are
trying to put legislations to censor that too!!)
Meanwhile, Let's ask these questions, for we deserve some Answers. For we
are all Gandhi's. For Bapu is the Father of the Nation!
To know more, Try looking for Dr. SUBRAMANIYAM SWAMI. He is the reason
today 2G SCAM is being Investigated!!! He also happens to be a FORMER UNION
LAW MINISTER.
YOURS SINCERELY
NITIN GUPTA ( RIVALDO)
B.Tech, IIT Bombay
DRT Solutions Weekly Mail – 174th Issue dated 9th September
’11
(1) Our Client gets a Favourable Order from SC regarding transfer of Damage
Suit & Criminal Action against Bank Officials
One
of our clients from Mumbai informed last week that his transfer case of
damage suit as well as criminal action against the bank officials reached
upto SC which ordered that the said damage suit and the criminal case must
be decided in one year time by the trial court. The mail dated 2nd Sept
received from the said client is reproduced below:-
“Fri, Sep 2, 2011 at 1:29 AM
Dear sir
Pl find attached Supreme Court order in our banks transfer petition.
The Bank wanted civil case to be transferred to Mumbai instead of at
Silvassa (So that it can’t be decided in next ten to twenty years). in the
same order court also directed Silvassa court to expedite criminal case
filed against banks 7 recovery officers for theft along with civil suit for
damages in any event within one year from the date of communication of this
order. Our case in the Supreme Court was persuaded by the advocate Jay
Choksi who had engaged senior
counselMs. Indu Malhotra for the
same.
We think this will be the first damage suit against any bank in India to be
decided by civil court within 4 years time.
With kind regards,
Managing Director
(2) Mass Action against an Arrogant PO DRT
One
of our clients informed that the relevant PO (originally a bank official)
was openly favoring the banks, was not listening to the arguments of the
advocates from the borrowers. Accordingly a group of borrowers initiated
mass action, complained to the Ministry of Finance, prepared a mass petition
to be filed in High Court. The matter is expected to covered in printed and
electronic media.
Our Comments
(a) In
USA, the Judges are appointed after open proceedings before the public. The
complete procedure is available on the internet. It is only after
satisfactory analysis and comments on the behaviour and conduct by the
public, the judges are appointed.
(b) In
UK, the supervision and management of the tribunals is by a public body
since 1957.
(c) When
the present court system was started by Greek, the first legal procedure
based on principles of natural justice related as to how the Judges and
Courts will work.
(d) In
USA, there is separate Bar for Trial Lawyers. No junior advocate can conduct
a case himself. He can only assist a Senior Trial Lawyer. Period of 7 to 10
years is prescribed before he can be declared eligible for independent
practice.
(e) Even
in our country, the practice of CAs is closely controlled by the Institute
of Chartered Accountants. No audit work is independently given to junior CAs.
Practice of several years is prescribed and till then they to work as
juniors to the senior CAs. Even for private audit, the firms interview the
CAs and collect their reports from other bodies and clients and then only
independent audit is given.
(f) We
are not against the junior advocates, but if they are allowed as at present
to argue before the DRT judges, they are unable to force the judges to abide
by law and hence the judges become arrogant and misuse the power and
position. This must be prevented in the trial otherwise the appeal in
Securitisation matters is nearly impossible due to minimum
25% deposit. Despite our repeated emphasis, no body is taking up this matter
as PIL.
(3) I Claim to be Your Friend
Mr.
Firoz Poonawalla has sent the following beautiful piece:-
People come into your life for a reason, a season or a lifetime.
When you know which one it is, you will know what to do for that
Person..
When someone is in your life for a REASON, it is usually to meet a need
You have expressed.
They have come to assist you through a difficulty, to provide you with
Guidance and support,
To aid you physically, emotionally or spiritually.
They may seem like a godsend and they are.
They are there for the reason you need them to be.
Then, without any wrongdoing on your part or at an inconvenient time,
This person will say or do something to bring the relationship to an
End.
Sometimes they die. Sometimes they walk away.
Sometimes they act up and force you to take a stand.
What we must realize is that our need has been met, our desire
Fulfilled, their work is done.
The prayer you sent up has been answered and now it is time to move on.
Some people come into your life for a SEASON, because your turn has
Come to share, grow or learn.
They bring you an experience of peace or make you laugh.
They may teach you something you have never done.
They usually give you an unbelievable amount of joy..
Believe it, it is real. But only for a season.
LIFETIME relationships teach you lifetime lessons,
Things you must build upon in order to have a solid emotional
Foundation..
Your job is to accept the lesson,
Love the person and put what you have learned to use in all other
Relationships and areas of your life.
It is said that love is blind but friendship is clairvoyant.
Following Mail from an Student from IIT Delhi should open our Eyes
Even though I have least interest in politics and social service, I somehow
feel compelled to express what I am going to express below. If I were Om
Puri or Kiran Bedi, I would have been so happy to be summoned for the breach
of parliamentarians privileges. I would have made the following assertion
while availing of the opportunity to defend my utterances.
=========================================================================
Madam Speaker,
I have been called here to speak and explain why I said what I said about
the members of this house. First of all I would like to thank you for having
invited me to speak here and explain my position and thought process behind
my utterances. In fact, I could not use the actual words that I intended to
use to describe the special attributes of the members of this house. I
actually wanted to call them chor, dacoit, gunda, badmash, lutera,
byabhichari, ganda and ghrinit log however I could not utter these words
amongst the civilized members of the civil society. I do not feel any
restriction in uttering these words here because in this community people
feel more at home with these kinds of adjectives. I have my specific and
definite reasons to think of these objectives when I think of the current
day parliamentarians who are members of this house. When the founding
fathers of the constitution drafted the provisions for the special
privileges for the members of the central and state legislature, they could
not even imagine in their dreams that a day would come when members of this
house would be in jail for being prime suspects in spectacular ghotalas
while discharging their respective duties as the honourable ministers of the
govt. of India or chairman of high powered committees. They could not
perceive that a supposedly learned lawyer, (at least that is what he claims
to be) in his role of a minister of govt of India would defend his
predecessor saying that there was absolutely no ghotala in the deeds of his
predecessor even while the predecessor would continue to be in jail and the
CBI would be trying its best to get him pronounced guilty and convicted. The
founding fathers could not imagine that a member of this house despite
knowing the actual expenses that is incurred on running this house at the
expenses of the tax payers of this country would take the debate in the
house to such low levels that it might look like a platform of standing
comedians rather than a platform for serious debate on issues of national
interest. They could not imagine that a joker would some day say in the
parliament “duniya mein aaye hain to kuchh kaam kijiye, janta/chanda ke
paise se jalpan kijiye” and the members present in the house would encourage
him in his act of comedy by thumping their desk.
I am sorry if I have hurt the feelings of people like Pranab Mukherjee or
Sushma Swaraj however I would be a hypocrite if I call the people like Lalu
Yadav, Kalmadi, Sheila, A Raja, Kanimojhi, Pappu Yadav, Mulayam Singh, Amar
singh, Shibu Soren and many others honourable members. They are of course
members of this house however I definitely do not consider them as
honourable. These people are thieves and dacoits and people like Kapil Sibal
are the idiots who are partners of these people in crime. People like these
may have obtained the piece of papers from universities tiled degrees and
certificates however these pieces of papers do not make them educated. They
remain uneducated despite being in possession of these kind of pieces of
paper. People like Manish Tiwari remain nothing more than the graduates of
Thooke Chate classes irrespective of how highly educated they may claim to
be. The lady who runs the govt with a remote has gone to some remote place
and the country is not aware of where she is in the name of privacy. The
people whom she represent have a right to know where their representative is
which has been shamelessly denied by the largest party in this house in the
name of privacy. If privacy is so important to these people, they should
have refrained from entering the public life. I firmly believe that
calling these people “ganwaar” is no exaggeration. I, of course, apologise
to the village people if they feel hurt by being equated with the members of
legislature. The general value system of the people from our villages is so
high and ideal that despite the presence of people like the members in the
most of the legislature, India continues to be identified with its moral and
ethical character.
I sincerely feel that such lot of parliamentarians need to be called many
more names than whatever I have called them in public and therefore I am
grateful to you madam speaker for having given me the opportunity to clearly
express what I think of the majority lot of the members in this house and
for that matter members in most other legislature in the country. I have
been granted the freedom of expression to express honestly what I think of
these so called people’s representative and would be happy to bear the
consequences. You may have the brute power to force my body to be confined
within the four walls of jails or you may even hang me to death however you
can not suppress my spirit which feels that most of the members in this
house enter the electoral arena only to fill their own pockets and have
never ever been interested in any actual public or social service or
statesmanship. I strongly feel that most of the people in this country echo
my feelings. In case you do not agree with this belief then the only way to
ascertain the truth would be to carry out a national survey asking the
people of India whether they actually consider the majority of the members
of this parliament chor or not. I am absolutely certain that majority of
the respondent of this survey, if it is ever commissioned and carried out,
would say that most of the members of this house are chor. I, hereby, give
an undertaking that I would be happy to serve a life term in prison if the
outcome of any of this kind of survey would happens to be different than
what I have predicted.
In such a scenario, I feel I have uttered what most of the Indians think of
the majority of the current day members of parliament and therefore I assert
that I have not committed any crime. I would be happy to bear the
consequences of my utterances if the parliament of this country stoops down
to such a level that it is not ready to hear and bear the actual perception
in the minds of the people of this country about what they think of its
members.
I request that this be circulated so that it reaches the parliamentarians
and they bring a privilege motion against me as well. I would like to add
that I am not a patriot as I believe that any artificial distinction between
the human beings in the name of religion, caste, language, country or any
other man made attribute which makes them feel that they belong to a
particular and specific group is perpetrated by the vested interests in the
general language and ignorant idiots in my own understanding. I have been
taught since my infancy that I am an Indian and therefore I am not a
Pakistani or Chinese or Bangladeshi or American. I have been taught that I
as an Indian is different than being a Pakistani and since we are different
my values as an Indian is better than the values of a Pakistani, Chinese or
American. Since all the different groups with specific identity consider
themselves better than the rest others, this leads to a conflict between
Indians and Pakistani or hindus and muslims or speakers of Hindi and Tamil
or black and white. This concept of “I am I and you are you and therefore I
and you are different and since we are different I am better than you” is
the root cause of all the evil encountered by the humanity in its true
spiritual development and in this sense I am not able to call myself a
patriot because I can not hate my brother from across an artificial and
imaginary line drawn on the surface of mother earth. I am not able to
identify myself with any particular caste or religion in the way I have been
taught about these concepts since my childhood and yet I would like to call
myself a religious person and a Brahmin. As per my definition, a Brahmin is
the one who has awakened to the absolute truth and as per this definition
Kabir, Raidas, Nanak, Buddha, Jesus, Muhammad, Socrates, Gurdjieff, Lao Tzu,
Confucius, Ved Vyas, Patanjali, Osho, Krishnamurti, Raman, Telang Swami
are all Brahmins and so I am I and many others. When I call myself
religious, I do not mean to say that I am “Hindu” in the sense the word is
being used by the politicians these days. Being hindu for me does not mean
being the one who goes to a temple and worships idols or listens to Ram
Katha or Shrimad Bhagwat or Geeta . For me the word hindu means the
religious way of life that has evolved since the Indus valley civilization
and which has been clearly visible in the way of life practiced by Buddha,
Mahavir, Kabir, Nanak, Mother Teresa, Khwaja Moinuddin Chisti, Nizamuddin
Auliya and many others who have carried their body in this part of the
globe.
With
Best Regards
Mithilesh Kumar Jha _._,_.___
IIT
Delhi Alumni Association
Nalanda House, IIT Delhi
Hauz Khas, New Delhi 110 016
Tel: 2686 8523/2659 7178/2659 6953
Fax: 2651 4177
Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical
information for the borrowers and guarantors - The
mail recipient particularly Borrowers and Guarantors will be immensely
benefited by our weekly mails and DVDs, all previous issues of weekly mails
from 1st one till the last one may be viewed by clicking the links given at
the top. Separate web pages have been created to contain these mails in
batches of 10 so that pages open up fast. These mails are gold mine of
information on current topics giving lot of practical suggestions and
comments. Any new recipient to these mails must go through all the weekly
mails right from the issue no 1 to the latest. If possible please spread the
reference of our web site and the weekly mail among the persons, borrowers
and guarantors who are the bank victims. If anyone desires to get these
mails regularly, he may write to us for inclusion of his e-mail ID in the
regular mailing list. The weekly mail is issued on every Friday morning 9
AM. The particular issue of the weekly mail is first published on the web
site and then mailed to borrowers, guarantors and their advocates in the
country. This service is free in the best interest of society in general and
litigant borrowers and guarantors in particular. We are getting huge no of
mails appreciating our weekly mails. We
welcome suggestions.
DRT Solutions Weekly Mail – 173rd Issue dated 2nd September
’11
(1) Counter-claim dismissed in One Sentence without Trial
Recently we have come across an order by which the PO DRT dismissed the
counter-claim in one sentence without conducting trial. Our comments are as
under:-
(a) The
counter-claim was duly filed along with WS and the prescribed fee of Rs. 1.5
lac was duly paid.
(b) The
PO DRT dismissed the counter-claim in one sentence without conducting any
trial. This has terribly shaken the Judicial Consciousness and hence the
matter has becomes so serious that we advised the party to approach the
highest court over such deplorable state of affairs in the trial court of
DRT.
(c) The
party has also filed a Review Petition but the normal routine procedure of
review and appeal not only will dilute the seriousness of the matter, the
intervening courts will not be able to deal with the case in adequate
perspective.
(d) We
are not having experience trial lawyers in DRTs. The DRTs continue to be
under Ministry of Finance instead of Ministry of Law as desired by the SC
several years back.
(e) As
per the Tiwari Committee report of 1984, the Judges and the Advocates should
have been trained in Banking, Industry and Finance and it has not yet been
done.
(f) There
has been strikes and agitation against the particular
PO DRT, but she has not yet been transferred and the present instance of
dismissing the counter-claim in one sentence calls for severest action by
the highest court in the country.
(2) Experienced Trial Lawyers required in DRTs
Most
of the problems faced by the litigant Borrowers and Guarantors have been due
to absence of experience trial lawyers in DRTs. We have nothing against the
young lawyers in DRTs but on account of their inexperience, the litigants
are suffering tremendously. The
litigant borrowers should ask the following questions from their advocates:-
(a) Who
are their seniors under whom they have got experience of conducting trials.
(b) Find
out about the experience and knowledge of the said seniors.
(c) If
the said senior is not competent, your advocate will not be competent to
handle the trial.
(d) If
the said senior trial lawyer is competent, find out how many trials he had
conducted. Cases of inspection of documents, settling of issues, conducting
cross-examination and then final arguments. Any special knowledge of
banking, industry and finance. Cases of execution handled apart from review
and appeals.
(e) Until
and unless well experienced trial lawyers are inducted in DRTs, the results
will be highly injurious to the litigant borrowers and guarantors as higher
courts will not be able to correct the lapses in the trial.
(f) Can
an young pilot without prescribed training under a senior pilot fly an
airplane? Can an young surgeon do complicated operations without learning
under a senior surgeon? When these can not be done, how complicated trial of
an industrial dispute in DRTs be done by young advocates without learning
under an experienced trial lawyer. In USA, there is separate Bar Association
for Trial Lawyers and it is only after spending several years under a senior
trial lawyer, one can conduct trials independently.
(3) Possibly the 5 Best Sentences you’ll ever read
Mr.
Firoz Poonawalla has sent the following 5 best sentences, you’ll ever read:-
1. You cannot legislate the poor into prosperity by legislating the
wealthy out of prosperity.
2. What one person receives without working for, another person must
work for without receiving.
3. The government cannot give to anybody anything that the government does
not first take from somebody else.
4. You cannot multiply wealth by dividing it.
5. When half of the people get the idea that they do not have to work
because the other half is going to take care of them, and when the other
half gets the idea that it does no good to work because somebody else is
going to get what they work for, that is the beginning of the end of any
nation.
======================================================================
We have to be grateful to Swami Ramdev and Anna Hazare
These
two personalities have shown us new way to usher in Democracy in our
country. We must study their life, literature, web sites and other materials
on the internet. We must subscribe to the magazine ‘Yog Sandesh’ We must
spend some time daily to understand these personalities. They are doing
selfless work. They are doing selfless work. We must spread their messages
among less literate persons like workers, mazdoors, our servants, villagers
etc. We must emphasize to one and all that 100% voting alone will destroy
the evil designs of the politicians to win elections with 15% masses. All
their schemes in their vote banks will be defeated if we undertake to ask
everyone to vote to competent independent candidates in preference to those
who belong to any political party. Criminals enter politics for power and
money. They utilize the system and police to rule over us. We are weak and
that is why we allow criminals to rule over us. At the time of elections,
these criminals come with folded hands asking for votes. Once election is
over, they are not to be seen for 5 years as they then become engaged in
looting and making themselves rich by crores and crores. Black money and
corruption are the most important issues along with the election reforms. We
must help Swami Ramdev and Anna Hazare to expedite election reforms. Please
save your time and devote the time saved to 100% voting and election
reforms.
DRT Solutions Weekly Mail – 172nd Issue dated 26th August
’11
(1) 25% Deposit u/s 18 of Securitisation Act
As
per the sec. 18 of the Securitisation Act, 25% deposit is prescribed while
making appeal to the DRAT. As we have pointed out from time to time, this is
a fit matter to be agitated in PIL. Till such time it is done and favourable
legal verdict is obtained, a limited solution is possible in respect of the
cases where loss and damages have been filed and where the said loss and
damages are greater than the claim of the secured creditor. In such cases,
there is ‘No Debt Due’ and thus the debt is zero. Accordingly the 25% of
zero debt will be zero and hence no deposit can be insisted. We have advised
some of our clients to submit the cases accordingly.
(2) Loss and Damages in the Balance Sheet
In of
the judgments by the PO DRT, it was enquired whether the loss and damages
are shown in the balance sheet. Our view is that, the balance sheet is an
accounting document, the direct losses may be shown but legal damages can
not be shown. Hence suitable note may be made in the balance sheet.
(3) Supreme Court on Multiplier Method of calculating Damages
Some
of our clients have been asking us the basis of multiplier method of
calculating damages. In this connection, reference is made to the Supreme
Court judgment vide citation 2001 AIR(SC) 3218, Lata Wadhwa vs State of
Bihar wherein such method has been validated.
(4) Incredible India
Mr.
Sanjay Baweja, one of our close friends has
sent the following interesting piece:-
If you cross the Chinese border illegally, you get ..... kidnapped and
may be never heard of - again ....
If you cross the Venezuelan border illegally, you get ..... branded as a spy
and your fate sealed .....
If you cross the Cuban border illegally, you get ..... thrown into
a political prison to rot .....
If you cross the British border illegally, you get ..... arrested,
prosecuted, sent to prison and be
deported after serving your sentence .....
Now ....
if you were to cross the Indian border illegally, you get .....
1. A ration card
2. A passport ( even more than one - if you please ! )
3. A driver's license
4. A voter identity card
5. Credit cards
6. A Haj subsidy
7. Job reservation
8. Special privileges for minorities
9. Government housing on subsidized rent
10. Loan to buy a house
11. Free education
12. Free health care
13. A lobbyist in New Delhi , with a bunch of media morons and a bigger
bunch of human rights activists promoting
your cause
14. The right to talk about secularism, which you have not heard about in
your own country !
15. And of-course ..... voting rights to elect corrupt politicians who will
promote your community
for their selfish interest in securing your votes !!!
16. and right to fight election for MLA or MP Hats off ..... to the .....
A. Corrupt and communal Indian politicians
B. The inefficient and corrupt Indian police force
C. The silly pseudo-secularists in India , who promote traitors staying
here
D. The amazingly lenient Indian courts and legal system. That's why people
like Afzal Guru are still alive, same will
happen with Kasab.
E. WE self centered Indian citizens, who are not bothered about the dangers
to our own country.
F. The illogically brainless human-rights activists, who think that
terrorists deserve to be dealt with by archaic laws meant for an era,
when human beings were human beings.
THE MINIMUM U CAN DO IS FORWARD THIS TO ALL --
INCREDIBLE
INDIA!
Politicians taking Advantage of Poor Voting by Literate Citizens
Since
the citizens are not serious about voting, the politicians reach to their
vote banks in slums and chhopad patties and ask them to vote in their
favour. This is how we get governed by the goonda elements for five years.
It is a great responsibility of the literate citizens to moblize support of
all the citizens to vote to offset effect of the evil designs. Should we not
be strong enough to dispel the goond elements whose main aim to get power
and money by entering the politics. At least a month in advance of the
election, all the literate persons should devote their time and energy to
impress upon their circle and families to vote fully. Such step alone will
change the result remarkably.
DRT Solutions Weekly Mail – 171st Issue
dated 18th August ’11
(1) Deficiencies due to Lack of Knowledge about the Securitisation Act, DRT
Act and Legal Aspects
We
are getting several cases pertaining to following categories wherein our
comments are also given:-
(a) Ex-parte
Decree (Recovery Certificate) has been issued by the DRT:- An application
should be made for revocation of the said decree. If such application is
beyond the limitation period, an application should be made for condonation
of delay. Courts are very liberal in this respect.
(b) As
soon as the said decree is revoked, proper WS and Counter-claim should be
drafted by expert having knowledge of banking, industry, finance, law of
torts, law of damages and banking laws. There should be proper guidance and
advice on every date in the court.
(c) Decree
is about to be issued by the DRT:- The pleadings needs to be examined to
conform to the minimum requirement laid down in para (b). If there is any
deficiency, amendment to the pleadings must be prepared and filed at the
earliest.
(d) Decree
has been just issued:- Application for review be prepared by an expert and
just after filing the review, appeal be prepared and filed in concerned
DRAT. Here the biggest hurdle is the deposit about which we have extensively
written in our several weekly mails.
(e) Final
Arguments are to take place:- The above requirements be examined and
fulfilled. The SC in the matter of Mohd Akram will be quite useful just
before starting the arguments. Written arguments must invariably be
submitted. The importance of review and appeal be kept in view.
(f) Proof
affidavits are to be submitted:- The requirement under para (b) needs to be
fulfilled. The proof affidavits are required to be based on law of evidence.
(g) The
bank officials are to be cross-examined:- The requirement under para (b)
needs to be fulfilled. The cross-examination needs to be conducted by an
expert having knowledge of banking and law of evidence.
(h) Issues
are to be framed:- Keeping the above requirements in view, the framing of
issues requires very careful considerations so that only those issues are
proposed which will determine the controversies useful for the case of the
borrower.
(i) Documents
are to be inspected:- After keeping the above requirements in view,
exhaustive list of documents be drawn up and submitted to the court to order
inspection. Every single document is required to be inspected. If there is
any objection of the court, the matter needs to be fought upto the highest
court.
(j) The
inspection of documents and cross-examination of bank officials along with
proper pleadings containing counter-claim are most important aspects to win
a case against bank in DRTs. Further the litigant borrower has to be guided
by experts on every date so that there is no legal lapse on any date. All
these become quite important in the case of a borrower but not for a bank.
(2) Our Deepest Fear …. By Swami Vivekanand
The
following beautiful piece was sent by Mr. Firoz Poonawalla
Our Deepest Fear Is Not That We Are Inadequate.
Our Deepest Fear
Is That We Are Powerful Beyond Measure.
It Is Our Light,
Not Our Darkness That Most Frightens Us.
We Ask Ourselves,
Who Am I To Be Brilliant, Gorgeous, Talented, Fabulous?
Actually, Who
...Are You Not To Be?
You Are A Child Of
God.
Your Playing Small
Does Not Serve The World.
There Is Nothing
Enlightened About Shrinking
So That Other People Won't Feel Insecure Around You.
We Are All Meant
To Shine, As Children Do.
We Were Born To
Make Manifest The
Glory Of God That
Is Within Us.
It's Not Just In
Some Of Us; It's In Everyone.
And As We Let Our
Own Light Shine,We Unconsciously Give Other People Permission To Do The
Same.
As We Are
Liberated From Our Own Fear,Our Presence Automatically Liberates Others.”
Responsibility of Citizens in Our Democracy
Present Parliament has majority of criminals and goonda elements. They have
entered politics to have easy access to power and wealth. They not only
indulge in corruption at highest
level, they want only such people who can support them for such loot. It is
we, the citizens who are responsible to allow the criminals to enter and
seize the parliament. The citizens have not been serious right from the
first general election and now after 64 years, the citizens and their
children are in maximum trouble.
Now
the only solution is that we must be conscious of this fact on daily basis.
This should be the most important topic to devote some time whenever one is
free.
It is
well established that Congress created the present model to attract the
goonda elements so that black money can be amassed to fight the election.
Had professionals like Dr. Manmohan Singh be honest (and hence mentally not
corrupt), he would have first devised a system to fight election on basis of
white money, would have eradicated the menace of high value currency notes,
would have made more stringent laws to counter black money and corruption
etc. Hence in our views, Dr. Manmohan Singh is much more responsible and
(hence corrupt) who is allowing himself to be used by those criminals and
goonda elements.
Everybody knows that the Gandhi family and congress has amassed maximum
black money and that is why Sonia and Rahul continue to rule the party and
the government.
All
other parties followed the model created by the Congress and hence they also
are not interested to take any serious action against black money and
corruption.
The
citizens have only one weapon i.e. their vote which must be cast not to any
party or any person connected with politics. It should be given only to
those independent candidate who are honest and sincere.
The
above matter needs to be propagated among lower class persons like servants,
mazdoors, villagers etc. They should be told that during election, they may
accept money and liquor but should vote on the above considerations.
If we
don’t do such duty and only wait for the last day, we and our children will
again be ruled by goonda elements.
At
present it is needless to mention that Anna Hazare needs maximum support of
every citizen.
Will
you please write your views and comments?
Note:-
This issue has been preponed as Mr. Ram Kishan will be in journey from
afternoon of 18th to
afternoon of 19th
