Tuesday, May 12, 2015

To Err is Human. Keep Calm & Accept it ?


Jayalalitha

This was a closely watched case, not only by common people, but also by most of the politicians, because they have their own similar cases against them. 

Given such a magnitude of this case, should the Karnataka Court could have be little careful. 

They messed up with Bhavani Singh. Supreme Court messed up more, by removing Singh. 

Acharaya was reappointed. He was asked to give a 50-page written argument (For such high profile case!!) and that too he was given just one day time. He just gave 18-pages of argument? He didn't go back to Supreme Court to ask for more time? 

And, finally, the judgement- Jayalalitha Vindicated, saying the parties (Jayalalitha & Others) had only 8.12% disproportionate asset while comparing to their income. Meaning, their income was Rs. 100, but they had Rs. 108.12. As per a previous Supreme Court judgement, the 8.12% is under the acceptable limits! The permissible limit is 10%.

Did the numbers were wrong or was it a typo?

Justice Kumaraswamy took the loan taken by the parties as their Income (Michael Cunha didn't take it as their Income). There is a noticeable mathematical error in the sum of the Total Loan.

Check the screenshot from the judgement (Page. No. 852), marked in red is the revised.


Jayalalitha Karnataka High Court Judgement

So the balance loan is Rs. 4,67,46,000/- and not Rs. 18,17,46,000/-

Taking this Rs. 4,67,46,000/-, when calculating the Total Income, we get Rs. 21,26,65,654. Check the screenshot from the judgement (Page. No. 913), marked in red is the revised.

Jayalalitha Karnataka High Court Judgement


Now, there is a small math which is calculated in the judgement (Page. No. 914) to get the ratio (8.12%). Check the below screenshot, marked in red is revised.

Jayalalitha Karnataka High Court Judgement


We get 75.76%. Which is way about the 10% permissible level.

Now could this be a typo, Did they fail to add an extra "0" in Ex.P1027. Let us check. Change the first loan amount as 15Cr from 1.5Cr. Bingo, we get the Total Loan amount as Rs.24, 17, 31,274. Which exactly matches Justice Kumaraswamy’ numbers. Check the screenshot (Again from Page. No. 852).

Jayalalitha Karnataka High Court Judgement


This is fine, after all this is a typo, to err is human. 1000 pages of document, full of numbers, 4 months deadline to complete the appeal. Now, let us go back to John Micheal Cunha judgement to see was it 15Cr or 1.5Cr? Screenshot from his judgement (Page No. 992)

Jayalalitha Trial Court Judgement


It is 1.5Cr. I'm confused. I leave it to your discretion to decide which is correct and which is false.

Reference Judgements
John Cunha - http://www.thehindu.com/multimedia/archive/02136/Jayalalitha_Assets_2136932a.pdf
Karnataka High Court-  http://karnatakajudiciary.kar.nic.in/noticeBoard/CRL-A-835-838-2014.pdf




4 comments:

  1. look page no 851 and total the loans given by indian bank,it will tally.

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    Replies
    1. Siva it doesn't tally. Even if it does those are private loans, which is not taken into account. The judge clearly mentioned that he took loans only from nationalized bank.

      Delete
  2. After adding the loans mentioned in page 851, still 46 lakh missing...

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  3. This comment has been removed by a blog administrator.

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