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Archive for August, 2008

High Court Judge in cash-at-door Scam

Friday, August 29th, 2008
Hon'ble Justice Nirmal Yadav
Hon'ble Justice Nirmal Yadav

The murky case of alleged bribe of Rs. 15 lakhs to ITAT Member – turned – Punjab & Harayana High Court Judge – Justice Nirmal Yadav will now be probed by a three judge panel.

 

Chief justice of India (CJI) KG Balakrishnan, has constituted a committee of three judges being Allahabad High Court Chief Justice Hemant Laxman Gokhale, J&K High Court Chief Justice KS Radhakrishnan and Justice Madan B Lokur of the Delhi High Court. Justice Gokhale will head the committee, which will investigate the corruption charges.

 

This is perhaps the first time the CJI has set up a committee to probe the role of a sitting High Court judge in a corruption case.

 

The case so far:

 

On 13th August, Additional Advocate General Sandeep Bansal, through his munshi Prakash Chand delivered a packet containing Rs 15 lakh in cash to the residence of Justice Ms. Nirmaljit Kaur, a Punjab and Haryana High Court judge.

 

The judge called the police.

 

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Shri. Satish Chandra, Former Judicial Member, ITAT
Shri. Satish Chandra, Former Judicial Member, ITAT

The Allahabad High Court dismissed the objection raised by the Additional Solicitor General of India Ashok Nigam on Monday. According to Nigam, the petitioner had no locus standi to challenge the appointment of Dr Satish Chandra as the High Court judge.

 

The Division Bench, comprising Justice Shushil Harkauli and Justice Vikram Nath, has decided to hold day to day hearing on the petition filed by Advocate M C Gupta, which alleges that the appointment is unconstitutional.

 

The court accepted the plea of the Counsel for the petitioner Senior Advocate Ravi Kiran Jain for a day to day hearing with a rider. In this case, if either of the two judges was absent, the case would be heard on the next date.

 

In a significant development, president of the Allahabad High Court Bar Association V C Mishra requested the court to allow the association to become a party to the case. He informed the court that the bar had decided to intervene in the case and would file an application on Thursday.

 

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Advertisement by Advocates

Sunday, August 17th, 2008

Resolution passed by the Bar Council of India on 30th April, 2008 (yet to be notified in the official gazette) to amend Rule 36 of the Bar Council of India Rules:

 

“RESOLVED that the following amendment of Rule 36 in Section IV, Chapter II, Part VI of the Bar Council of India Rules by incorporating a proviso in terms of resolution passed by the joint consultative conference be and is hereby approved”

 

“PROVIDED that this rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.”

 

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Express News Service Chandigarh, August 15: On Wednesday night, a packet containing Rs 15 lakh in cash was delivered to a Punjab and Haryana High Court judge. The person who sent the cash was the Haryana Additional Advocate General Sandeep Bansal.

 

The Chandigarh Police, who were called by the judge, is now investigating the incident.

 

On Wednesday, Bansal’s assistant Parkash came to Kaur’s residence in Sector 11 and handed over a packet to the sentry. He asked the sentry to hand over the packet to Kaur. The sentry checked the packet, found the cash and immediately called Kaur. Kaur told Parkash to wait and called the police.

 

Bansal claimed that the amount was the advance for land deal in Panchkula and the money was meant for one Nirmal Singh and was delivered by “mistake” to Justice Kaur. He said he had handed over the documents pertaining to the deal to the police. The police, however, claimed that the documents didn’t carry Nirmal Singh’s name. The deal was between Rupinder Singh, a resident of Delhi and Rajiv Garg of Panchkula.

 

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Income- Tax Appellate Tribunal
Central Covt. Offices Building,
4th Floor. Maharshi Karve Marg,
MUMBI 400 020.

 

Dated the 11th July, 2008.

 

O R D E R

 

The following Members are hereby transferred in public interest in the same capacity to the benches Mentioned against their name with Immediate effect:-

Sr. No.

Name/ Designation

Bench(es) Where posted at present

Bench(es) to which
Transferred

01

Shri. H. L.Karwa
Judicial Member

Lucknow

Ahmedabad

02

Shri. R. P. Tolani,
Judicial Member

Ahmedabad

Delhi

03

Shri. Rajinder Singh,
Accountant Member

Delhi

Mumbai

The above Members may, if so advised avail of joining time as admissible under the rules.

(Vimal Gandhi)

 

President

 

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