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 The Judge made this popular error in Page 852 and 913 and it is already discussed many times some where in this site.

1 comment :

Anonymous said...


On Page 883 Honorable Says “I decline to take the value of the footwear” which is Rs.
2,00,902.45 (found on page 516) and on page 884 the he says "I decline to take the value of the
apparels”, which is Rs.92,44,290.00 (found on page 516).

And on page 891 says “I value the cost paid over and above the sale consideration as “Nil”
while discussion the value of the Immovable properties, The total value put by the DVAC which
is 20,07,80,246.00 (page 580) for the same the value Honorable Justice arrives is (sale
consideration)6,24,09,120 on page 847, and page 890), so the difference is 13,83,71,126.00.
So one can expect the followings needs to be deducted from the DVAC estimation
1. Excess cost of construction which is 22,69,34,885 (Page 913)
2. Excess marriage expenses which is 6,16,36,222 (page 913)
3. Value of the foot ware which is 2,00,902.45
4. value of the apparels 92,44,290.00
5. Difference in immovable assets 13,83,71,126.00(per DVAC Rs.20,07,80,246.00-per Judge

However, on Page 913 while making the adjustments the judge only deduct
1. Excess cost of construction
2. Excess marriage expenses
from the total DVAC amount of 66,44,73,573. And This brings down the total asset to
37,59,02,466 The three other amounts 2,00,902.45 and 92,44,290.00 and 13,83,71,126.00 a total of 14,78,16,318.45 as well to be deducted from the DVAC estimation, along with the excess cost of construction and marriage expenses. Which will bring the assets further down to Rs.
22,80,86,147.55 (37,59,02,466-14,78,16,318.45=22,80,86,147.55)
So the Asset should be Rs. 22,80,86,147.55

Now for the income side, the judge says 34,76, 65, 654 (page 913 ). Let us assume the Judge
made error in adding up the bank loan amount on page 852 and added the 13,50,00,000 extra
to income, let us reduce this from his total income estimation of 34,76,65,654 now the income
is 21,26,65,654 (34,76, 65, 654-13,50,00,000=21,26,65,654.)

The total asset is 22,80,86,147.55
Total Income is 21,26,65,654.00

So the disproportionate asset is total asset-income which is 22,80,86,147.55-21,26.65,654=

Disproportionate asset in percent = disproportionate asset x100/income which is
1,54,20,493.55×100/21,26,65,654 =7.25%

On the loan side is on page 852 in the table he entered HAS only the Bank loans stated as per
PW.182. In the page 851 Honorable Judge notes PW.160 – R.Bhavani, Deputy Manager, Indian
Bank. there is bank loan of 1.5 cores to Jaya Publications and per PW.176 – N. Balakrishnan,
Deputy Chief Officer, Indian Bank there is bank loan of 1.5 cores for Tansi Enterprises but this is not there in the table on page 852. If this could as well included as they are loan from
nationalized bank the total income will increase by another 3,00,00,000 to 24,26,65,654.00
The total asset is 22,80,86,147.55
Total Income is 24,26,65,654.00
There is no question of disproportionate asset as the income is more than the asset.

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