Archive for the ‘Mrs Justice Rose’ Category

  • ‘Judgment Creditor Booklet to Enforce the UAE Judgment Debts’

    Date: 2015.12.21 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Arbitration, Authoritarianism, Bahrain, Boycott Etihad Airways, Boycott Etihad Flight, Brilliant Lawyers Wanted, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, International Tourists, Investors duped, Investors sue UAE, Journey From Hell, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Mrs Justice Rose, Multi-billion Dollars Case, Other, Overseas Indians’ Legal Cell, P.K. Jabir, punishment, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, Shipping, Sovereign Wealth Fund, The High Court London, UAE Constitution, UAE Judgment Equities, UAE Judgments For Sale, UAE’s $3bn Judgment Debts, United Arab Emirates, Willful Defaulters | Response: 0

    ‘Judgment Creditor’s Booklet to Enforce the UAE Judgment Debts’
    Monday 21 December, 2015 New Delhi [Reparation Law News] Download ‘Authentic Copy (PDF: 925 kb)

    'Judgment Creditor's Booklet to Enforce the UAE Judgment Debts'

    “The enforcement of UAE Judgment is stressful but ultimately very rewarding”!

    The ‘Judgment Creditor’ Unveils Country’s First Judgment Equity Funds: A Portfolio of UAE Judgments worth multi-billion US$ Dollars now on sale in equities. The Judgment Debtor is the State of UAE whose Ruler at the time was none other than the late ‘Sheikh Zayed himself, the Emir of Abu Dhabi and absolute Ruler of the United Arab Emirates (UAE)’, and the assurance of gains is based on this very threshold!

    The ‘Decree Holder’, who was put to suffer physical, emotional and financial harm as a direct result of heinous crimes committed by the ‘Executive Branch of Abu Dhabi’, UAE, despite repeated ‘Decrees’ of the Highest Courts, now selling the Portfolios of UAE Debts. You can be the ‘Holder of Decree’ or a Creditor representing the ‘Decree holder’ (Judgment Creditor), at your place. “Avail this unique opportunity to secure your profit which jumps 5 to 10-folds and, simultaneously, become a ‘volunteer’ for the principles of Equity and Social Justice”.

    “SPECIAL ‘ANNIVERSARY OFFERS’ FOR A LIMITED TIME ONLY”
    The UAE Judgment Equities (UAE Debts) has been guaranteed five times more value
    on your investments even if the ‘Debtors’ settle it within the first week of your joining!

    The enforcement of UAE Judgment is stressful but ultimately very rewarding!

    [“A creditor is worse than a slave-owner,” Victor Hugo once wrote. “For the master only owns your person, but a creditor owns your dignity, and can command it."]
    There are diabolical debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honouring their obligations under the judgments. The enforcement process, therefore, becomes time consuming, expensive and stressful. Whatever the reason may be, the UAE Judgment debtor(s) will stand as the fiscally responsible party until the Court Judgment is satisfied. His responsibility to do so will pass on to his successor-in-office; the successor regime is obliged to compensate the victim of state wrongs.

    In the instant case, the ‘Defaulter-Judgment debtor(s)’ can be legally proceeded against. Besides, the Judgment Creditor is entitled to ‘Mortgage’ his Judgment; the Debtor’s assets could be seized and sold to satisfy the debts. The Judgment Creditor is also legally eligible to transfer his Judgment, part or whole.

    Feedback: “We are shocked at the incredible extent of inhuman cruelty against which the whole world should wake up. Your account should get wider publicity, so that larger number of people would become aware of such denial human rights”. … ‘Full Text’

    HAVE YOU EVER HEARD OF A CASE LIKE THIS?

    A true story of ‘outright fraud’ perpetrated by a wealthiest ruling regime of the world, Abu Dhabi, United Arab Emirates (UAE)
    Getting a Judgment in a civil lawsuit means the ‘Decree holder’ is then entitled to recover the money and damages from the debtor. But in this unique and historic case that arose in Abu Dhabi, the ‘Emirati debtor’ , who took it as a revenge, trespassed into the office of the ‘Decree holder’ along with his accomplice, a ‘Policeman’ in plain clothes, who held a heavy iron rod of one meter length in one hand and on the other hand a chained handcuff; with which the Decree holder was beaten up in cold blood and a well-planned looting and extortion was forced up on.

    The policeman forcibly broke open the office locker with the iron rod in his hand and looted US$.4m worth money and valuables. The Decree holder locked the door and called the police for protection. The police did come, but instead of protecting him from the trespassers, they joined hands with them and the Decree holder was attacked further, shackled, brutally tortured and was literally dragged out of his office and taken to secret ‘detention centre’ . The Decree Holder who was the ‘complainant’ in the civil lawsuit in a ‘Real Estate Deal’ of a nine storeyed building against the said ‘Emirati debtor’, involving above USD 3,00,000.00 Per Annum (INR 2 Crores), way back in the year 1995, had been blackmailed, treated as a ‘criminal’ and was beaten near-death.

    The ‘Decree holder’ became unconscious and soon thereafter he was taken to hospital-emergency, Abu Dhabi. He was subjected to the greatest ordeals by being taken from hospital to an ‘underground lock-up’ and kept incommunicado in solitary confinement. The victim was later taken to central prison at Al Wathba, Abu Dhabi. It took a long period of six months for the person to have his first appearance in the Court. The victim was implicated for ‘using force against Government employee and assault’.

    The criminal court found that the case was fully false and fabricated, therefore, the Court ordered the Prosecution to investigate the crime committed by the policemen and the local. Instead, the Prosecution went to appeal. When the Apex Court of Abu Dhabi, comprising a three-judge panel, ordered the immediate release of the victim from prison, all of them dropped the charges they had deliberately made against the victim, the ‘Decree holder’.

    The Court ordered the state authority to prosecute both the policemen and the local Emirati and to restore the victim’s dignity and to compensate him for all his losses. “The Court, the three-judge supreme bench, praised the appropriate conduct and courage of the victim in their ‘Landmark Judgment’ and concluded that the victim is innocent; rather ‘a martyr.

    Even though the Juries in different Courts of Abu Dhabi, had taken a series of decisions in this case, in absolute terms in favour of the victim, strangely enough, none of those Court Orders were executed by the UAE authority. Instead of rightly accepting the blame for the gross misconduct of their Policemen and also the Prosecution, the ‘State authority issued an ‘extremely fraudulent order’ to expel the ‘Decree holder’ from their country, as if he had been punished for a crime. The ‘Decree holder’, the then holder of ‘four consecutive Judgments’ in absolute terms in his favour, therefore, was deported from the UAE, that too at highest risk of being multiplied victimization.

    ‘Such a punishable fraud of misrepresenting the facts perpetrated by the UAE authority, for deporting the ‘Judgment Creditor’, who was an Indian investor with ‘three valid trade licenses’ of well established and profitable ‘General Contracting and Trading Firms’ under his full ownership in Abu Dhabi’ (The assets of which were valued a minimum One Hundred Million US$ Dollars at the time of his mishap in Abu Dhabi), resulting in total destruction of his life, his businesses and his profession, adds inescapable burden on the ‘Wilful Defaulters’ of Abu Dhabi, UAE.

    Back in India, consequent on the gravest cruelties and injustices meted out to him in Abu Dhabi, UAE, it was the primary duty of the ‘Government of India’ to protect the ‘Judgment Creditor’, his dignity and justice; and to help the victims of many other forms in a similar situation in that country. Unfortunately, this historic case of a Non-resident Indian-investor had been buried in the darkness for two decades by the Indian authorities, despite repeated representations and two specific Judgments from Delhi High Court in 1997 & 2007 respectively which were filed by the ‘Judgment Creditor’ as directed by the Supreme Court of India.

    It was the statutory obligation of Government of India to take all necessary measures as instructed by the High Court of Delhi as early in the year of 1997 in order to enforce the valid Legal Judgments, passed by the Supreme Court of Abu Dhabi, UAE. “The subject who has suffered the injury is not the individual person but the State itself”; as explained by ‘Professor Theo van Boven’ (1934-1983).

    The sending state, Government of India, is solely responsible for the act or omission that violates the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967.

    “The foreign State, UAE, was bound to provide appropriate reliefs to the ‘Judgment Creditor’, whose ‘Constitutional Rights’ have been blatantly violated in the first place by Abu Dhabi police to extort money and valuables.

    The UAE authorities were further bound to provide proper remedies for the repeated victimizations which the ‘Judgment Creditor’ was forced to suffer as a consequence of the unique and the most barbaric, ‘fraudulent misrepresentation’ perpetrated by the executive branch to ‘deport’ him from that country. It has resulted in the colossal losses of billions of US$ Dollars to the Judgment Creditor’s various business institutions in the UAE, apart from the consequences of his physical and psychological trauma, the emotional pain and ‘sufferings’ which forced him to live a lost life for all the years that followed”.

    Get the full story behind ‘Abu Dhabi Police Looting’ at CNN: “Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”

    ‘Indo-Gulf Reparation Mechanisms’

    The accumulated ‘case histories of injustices’ received by the ‘Overseas Indians’ Legal Cell (Est.1996)’ from different quarters of Arab Gulf, forced the ‘Judgment Creditor’ to endeavour towards formulation and implementation of the ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the Gulf (Gulf Cooperation Council – GCC) countries, mandating our elected representatives and officials to effectively intervene in eliminating discrimination and imbalances of ‘Indian Diaspora’ working in different countries.

    The enforcement of Judgments and legal remedies is a fundamental element of the rule of law which is an integral part of ‘Indo-Gulf Reparation’ Movement; this also involves the recognition and protection of the dignity of individuals. The mandate of the UN General Assembly resolution ‘A/RES/60/147’ reads the ‘States should ensure that their domestic law is consistent with their international legal obligations’.

    The regional inter-Governmental Human Rights Mechanisms of ‘American States’ signed with its neighbouring countries in 1948, the ‘Council of Europe’ adopted it in 1950, and the similar ‘Charter in Africa’ adopted in 1987, are prominent illustrations of the expanding vistas of Human Rights. This constitutional approach basically protects them from all forms of exploitation and social injustices from foreign States even outside the Charter.

    It’s a ‘shameful fact’ that similar arrangements haven’t even been conceived yet by the Government of India. As a result, the Indian expatriates are exposed to the extreme degree of Human Rights Violations in the Arab Gulf. Once the ‘Charter’ is implemented, millions of ‘Indian Diaspora’ and their families will be the primary beneficiaries of ‘Indo-Gulf Reparation Mechanisms’ .

    The preface of ‘Indo-Gulf Reparations’ Booklet’ was written by the late ‘Hon’ble Mr. Justice V.R. Krishna Iyer’ (a renowned Jurist and former Judge of the Supreme Court of India), and the covering letter was written by ‘Mr. K. Sukumaran’ , a former Judge of the High Courts of Kerala and Bombay, who pleaded for the ‘Judgment Creditor’ before the Supreme Court and the High Court of Delhi. Link: ‘Indo-Gulf Reparation Mechanisms’ .

    HERE WE TAKE A LOOK AT WHAT’S THE LEGAL POINTS OF INTEREST:

    “The Doctrine of State Immunity”

    In a landmark case, the ‘secret’ wife of the late King of Saudi Arabia has won the right to sue his son and Saudi prince for breaching a contract. The king’s son, argued he had “state immunity” and the court had no jurisdiction to try Mrs Harb’s claim. But Mrs Justice Rose, the High Court of England and Wales, threw out the prince’s argument, confirming that personal immunity ceases when a head of State is no longer in office for any reason. Link: ‘U.K. High Court Judgment’

    “Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” -
    Says Supreme Court of India !

    A three-judge bench of the Supreme Court of India has observed that Decree Holders must enjoy the fruits of the decree obtained by them in an expeditious manner. The Bench, speaking through Justice Dave, has noted the unscrupulous tactics used by Judgment Debtors to evade the process of law and eventually frustrate the entire efforts of a Decree Holder in getting the decree executed. Link: ‘Supreme Court Judgment’

    “How does fraud affect a victim? ‘The impact of fraud on victims’ -
    Supreme Court of India

    The term “Fraud” has been clearly analyzed and adjudged by the highest Judiciary of India. The Supreme Court reiterated that ‘fraud vitiates all’ and also the age old saying ‘Fraud avoids all judicial acts ecclesiastical or temporal’. Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. The expression “fraud” involves two elements, deceit and injury to the person deceived. It is a cheating intended to get an advantage. Link: ‘Supreme Court Judgment’

    “UNVEILS INDUSTRY’S FIRST JUDGMENT EQUITY FUND”

    “Support the “Judgment Creditor” to strengthen the Integrity of the Judiciary and people’s confidence in our Justice System”

    Funds are proposed to be raised by distribution of shares. One can invest a sum as small as USD$ 350.00 or equivalent currency in the ‘Portfolios of UAE Judgments’ now on sale. The UAE Judgments, against the ‘Abu Dhabi Executive Branch’, have been guaranteed three times more value of their investment. This is a special opportunity to the UAE lobbyists, those who believe in the present ‘Status and Future of the UAE’.

    The unique features of the Judgment Equity offered for sale are too numerous to be enlisted, but a few among them which are really outstanding and the
    most significant ones are:

    [Special ‘Anniversary Offers’ for a Limited Time : The UAE Judgment Equities (UAE Debts) has been guaranteed five times more value on your investments even
    if the ‘Debtors’ settle it within the first week of your joining!]

    Free Equities Offered:Pay just 35% of its precise value and enjoy profit for 100%;
    Guaranteed Interest: 4.5% Per year, for both the principal and the accrued interest;
    Guaranteed Discount: Investor will be paid up to 25% discount for every additional sale;
    Transferee Rights: The term ‘Holder of a Decree’ is equal to that of the Judgment Creditor;
    Conversion Rights: Investors may convert their equity fund into stock through the idpo.org.
    View the list of features here: Sales Brochure

    “Alliance Judgment Recovery Networks” | Like Us | Follow Us | Join Us
    “Alone I can say, but together we can shout. Alone I can smile, but together we can laugh. Alone I can only enjoy, but together we can celebrate”!
    “Promoting Dignity and Human Rights Values in the Digital Age. Let’s Join”

    End Note: The observation of ‘Hillary Clinton’ on strength and money as essentials linked with Human Rights could be usefully extracted. They read: “Strength, Money, and Knowledge – we cannot do anything without them” – ‘Judgment Creditor’.

    [An innovative project by the ‘Overseas Indians’ Legal Cell’ promoted by the “Alliance Judgment Recovery Networks”, aimed at giving effect to the ‘Legal Judgments’ that remains unexecuted or unsatisfied].

    Last Updated: Monday 29 Feb, 2016 [Reparation Law News]

    We would love to hear your comments. A selection of your comments will be
    published unless you state otherwise. ‘UAE@DECREEHOLDERS.COM’

  • The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)

    Date: 2014.08.01 | Category: Abu Dhabi, ADIA, April, Arbitration, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Citigroup, December, Delhi High Court, Dictators, Diplomatic Protection, Etihad Airways, February, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, International Tourists, Investors duped, Investors sue UAE, January, Jet-Etihad Deal, Judgment Creditor, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Migrant Workers, Mrs Justice Rose, Other, Overseas Indians’ Legal Cell, P.K. Jabir, Protests, punishment, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, September, Sheikh Mohammed bin Zayed, Sheikh Saif, UAE Judgments For Sale, United Arab Emirates, US Caselaw, Vienna Conventions | Response: 0

    Photograph: The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

    The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi

    The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
    August 01, 2014 Reparation Law News, New Delhi

    The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

    [The title, the ‘judgment debtor’ is reserved to describe the person who owes the judgment creditor the amount (damages) stated in the criminal judgments and has not paid the debt. In common law in the UAE, the debtors will be jailed until they have paid their debt.]

    The ‘Judgment Creditor’ was entitled to execution of the Judgments and levies the Police Department of Abu Dhabi, worth hundreds of million US Dollars as compensation to restore his life, his dignity and his business establishments.

    The debtor in the ‘UAE Court Judgments’, is the State of UAE whose Ruler at the time was none other than the late Sheikh Zayed himself, the Emir of Abu Dhabi and absolute Ruler of the United Arab Emirates (UAE). It may be recalled that the Emir was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring his moral obligations and assigned responsibilities.

    The Judgment Creditor is an Indian businessman and investor, who was deprived of his valuable rights guaranteed by FOUR successive Judgments (1 Civil & 3 Criminal Court Judgments) from the Legal Courts of Abu Dhabi, United Arab Emirates (UAE); and TWO consecutive Judgments from the High Court of Delhi, after approaching the Supreme Court of India in October, 1996.

    The businessman was victimized by the officials of Abu Dhabi, UAE, and the subject matter of his grave complaints were adjudicated by the Courts in Abu Dhabi and Delhi which concurrently found the multiple forms of crime taking place under the wings of the ‘Ministry of Interior United Arab Emirates (UAE)’, such as fraud, forgery, extortion, torture and many other offences.

    Both the Courts in Abu Dhabi, the Court of First Instance and the Apex Court were fully satisfied with the highest standard of proof, beyond any doubt that the Police was guilty. The Court observed that all the pieces of evidence indicated the proper behavior of the victim and held that he is innocent; rather ‘a martyr’. The Apex Court comprised of three Judges passed a ‘Landmark Judgment’ in the history of UAE.

    The head of the State have a ‘constitutional duty’ to faithfully execute the judicial orders of the country. Any civilized Government is bound to implement the verdict of the judiciary, as that is the basic requirement of the Rule of Law. ‘Laws governing the international community’ do require compliance by the Executive Government, in full measure, with the verdict of the judiciary. This requirement of law was breached by the UAE Government. Instead of enforcing the judgments, the Judgment Creditor was expelled from the country by an arbitrary administrative action, resulting in total destruction of his life, his businesses and his profession.

    The administrative action of the UAE was totally illegal and arbitrary, as the Executive cannot override or overrule a decision of the very Courts of the country that ruled reparation to a victim; defrauding the judgment creditor is a personal and vindictive action; it is unofficial and illegal. The UAE Government owes huge debts to the creditor, solely and exclusively responsible for the closure of “his various ‘business establishments’ in Abu Dhabi, United Arab Emirates”.

    The ‘legal fight for justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Despite the directive of the Delhi High Court, the Government of India has not discharged its duties as indicated in the judicial order.

    The enforcement of UAE judgment that was delayed and denied for a long period of nearly two decades has to be satisfied without any further delay so that the ‘Judgment Debtor(s)’ could avoid unpleasant consequences that will follow. The creditor holds full power of the Foreign Courts as well as the Domestic Courts to support his claim and to take debtor’s property (lien) in the UAE, where the judgment is recorded, if the obligation is not discharged.

    The recent decision of the London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Saudi Arabia has marked a turning point in the doctrine of ‘State Immunity’ of Foreign States. The landmark decision of Royal Courts of Justice, reaffirm the Rights of Judgment Creditor to pursue his enforcement efforts against the UAE debtors!

    The lawyers for Prince Abdul Aziz, the king’s son, argued he had “state immunity” and the court had no jurisdiction to try the claim of Mrs Harb, who was the “secret” Christian wife of the late King of Saudi Arabia. But the learned Judge of the London High Court, Mrs Justice Rose threw out the prince’s argument, opening the way for a full hearing of the case which risks embarrassing the House of Saud.

    Some important points of the judicial decision includes (a) the ‘personal immunity ceases when a head of state is no longer, for whatever reason, in office’ ; (b) the ‘head of a state enjoy immunity only in respect of their official acts whilst in office’ ; (c) a ‘successor regime is obliged to compensate the victim of state wrongs’. The Court also relied on Article 39 of the Vienna Convention on Diplomatic Relations 1961. Under this provision, immunity ratione personae, personal immunity, for an ambassador lasts only while he or she is in office. [‘London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Rose J, [2014] EWHC 1807 (Ch),09/06/2014′].

    The Government of India is duty bound to safeguard the interests of its citizen who was victimized by Abu Dhabi, UAE, the receiving state. But even after the lapse of nearly two decades, the Government of India has totally failed to help, implement judicial orders of the UAE and of Delhi High Court. These actions and omissions on the part of the Government is contrary to the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967. A recent judgment of the Supreme Court which casts liability on a Government for the delay in the disposal of the complaints of a citizen, even when the delay is at the instance of a Legal authority or Tribunal.

    Endnotes:

    We intend to give wide coverage to the issue in public interest; to protect innocent people, of being exposed to the kinds of brutal, inhuman tortures (mental, physical and economic) and to safeguard the interests of UAE Judgment Creditors in future.

    The campaign includes ‘Selling the UAE Judgments’ and ‘Selling the Film Rights’, the rights to produce both a book and a movie based on the facts of ‘Unexecuted UAE Judgments’.

    Reference Links:

    Reminder Notice to the Government of India
    It is fervently hoped that the new Government will duly consider taking the necessary steps to execute the judgments through all means, including the International Court of Justice (ICJ), the principal judicial body of the United Nations (UN), on behalf of the judgment creditor. …

    Reminder Notice: The Ministry of External Affairs, New Delhi – July 16, 2014
    India’s ‘National Shame’: ‘The MEA & MOIA’
    Documents Archive: Jabir Case

    Features on ‘Human Rights in the UAE’

    Resource Links:

    UAE Judgments For Sale! – What does it mean?

    ’Judgment for sale’ is a campaign, primarily organized by voluntary member contributions. It’s a value added, investment campaign, aimed to expose the debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honoring their obligations. As a lawful owner of a legal Judgment, the winner has every right to offer his un-executed Judgments for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. (‘Read more at FAQ’)

    Court Judgments are not worthless piece of papers!

    When an issue arises, the aggrieved party files a suit, conduct the same through able counsel, present relevant documents and witnesses before the court and the case is heard at length. It is after a lengthy legal procedures that the Hon’ble Judges pronounce the judgment, giving due weight to every aspect of the case. The aggrieved party is greatly relieved on getting judgment in his favour. He is full of hope, relief and happy on winning the case. From the day next, he wait for the execution of the judgment and receiving benefits thereof.

    Together, let’s end Judgment Fraud in the UAE! (Read more at ‘How do I become a voluntary contributor?’)

    Photograph: Sheikh Zayed bin Sultan Al Nahyan, founder of UAE, the first President, also the Emir of Abu Dhabi’
    First Published: ‘CNN iREPORT’

    “Be you never so high, the law is above you,” as Dr. Thomas Fuller wrote in 1733

    It’s widely accepted principles of law, that an act or omission contrary to international law is “breach of an engagement” that triggers “an obligation to make reparation in an adequate form”. … JFS

     

  • Saudi prince loses court ruling against woman who claims she secretly married his father King Fahd

    Date: 2014.06.10 | Category: Authoritarianism, Freedom of Expression, Human Rights, Human Rights Watch, International Law, Judgment Creditor, Mandeep Kaur Virdee, Mrs Justice Rose, Reparation Mechanisms, Saudi Arabia, The High Court London | Response: 0

    Saudi prince loses court ruling against woman who claims she secretly married his father King Fahd
    Jun 10, 2014

    The late King of Saudi Arabia, his ‘secret’ Christian wife and the missing £12 million: Janan Harb threatens to ‘spill the beans’ if ‘promised’ money isn’t paid

    Janan George Harb, the widow of late Saudi King Fahd Bin Abdul Aziz

    Janan George Harb, the widow of late Saudi King Fahd Bin Abdul Aziz

    LONDON: In a landmark case, the “secret” Christian wife of the late King of Saudi Arabia has won the right to sue his son and Saudi prince for breaching a contract to pay £12 million to her for retracting damaging allegations about the late King.

    Janan George Harb, the widow of late King Fahd Bin Abdul Aziz (the former King of Saudi Arabia and custodian of the two holy Mosques who passed away in 2005), is suing the King’s son, Prince Abdul Aziz Bin Fahd, for breach of contract in the United Kingdom.

    The High Court in London saw Mrs Justice Rose rule on Monday that the claim could proceed despite Prince Aziz claiming “state immunity” from the British legal system.

    The Prince supposedly entered into a contract with Janan Harb — now a British citizen — in 2003 at the Dorchester Hotel in London. The Prince promised to pay Harb £12 million and to transfer two properties in Chelsea to her daughters in exchange for a Statutory Declaration from Janan Harb withdrawing certain assertions she had made in her matrimonial proceedings against the King.

    Janan Harb (65) was married to King Fahd in 1968, when she was 19 and was forced to leave Saudi Arabia before King Fahd ascended to the throne in 1982.

    “After 12 years of persistence I am very happy and relieved,” Janan Harb said after the ruling. “If the prince is going to appeal, I am going to accept the offer of the movie of the book I have written – I am going to spill the beans.”

    Mandeep Kaur Virdee, solicitor-advocate at Neumans LLP, acting for Mrs Harb said, “Mrs Harb fulfilled her end of the contract, however, the Prince failed to pay her the £12 million and transfer the two properties to her daughters as agreed. The Prince acknowledged the claim made by Harb, but refused to submit to UK jurisdiction. Instead, the Prince made an immunity application, which was heard on May 1, 2014. The Prince claimed that he did not submit to our UK jurisdiction for reasons of relying on his late father’s immunity as a sovereign head of state.

    “Janan Harb is passionate about sharing her personal account of what it is truly like to be married to a Saudi King and believes the exposure will be of public interest. Her story has received international interest from film producers and she is currently in detailed discussions to progress the adaptation of her book into a film. There are also negotiations under way with regard to the publishing of her book in advance of this.” Virdee said.

    Mrs Justice Rose concluded that she shall “dismiss the Prince’s application and hold that the Prince cannot rely on a defence of state immunity to defeat Harb’s claim.”

    Virdee said, “We are delighted with the outcome of this Judgment. The law surrounding this area has already established, confirming that personal immunity ceases when a head of State is no longer in office for any reason. The Prince’s application sought to extend the personal immunity privilege by suggesting that if a Sovereign dies whilst still an acting monarch, the deceased and their agents could continue to enjoy the privilege of personal immunity. It was a dangerous attempt to extend the scope of personal immunity.

    She added, “This Judgment confirms that once a Sovereign is out of office for whatever reason, including death, personal immunity does not survive. We have been made aware that Middle Eastern Royals are in the habit of claiming immunity in jurisdictions where claims have been made against them. This judgment is now legal precedent and sends a strong message that the UK Courts will not allow the privilege afforded to those claiming sovereign or diplomatic immunity to be abused in our jurisdiction.” This Judgment is a prime example of why the UK Courts are highly respected globally.

    Read more on Janan George Harb  V  His Royal Highness Prince Abdul Aziz Bin Fahd Abdul Aziz

    Lawyers for Prince Abdul Aziz, the king’s son, argued he had “state immunity” and the court had no jurisdiction to try Mrs Harb’s claim. But Mrs Justice Rose threw out the prince’s argument, opening the way for a full hearing which risks embarrassing the House of Saud. Telegraph UK

    ’Had the Prince fulfilled his part of the agreement in 2003, Janan Harb would not have suffered such financial distress to the point that she declared herself bankrupt’ Neumans LLP – Press release – Mandeep Kaur Virdee

    TLD AD

    Promoting Human Rights Values in the Digital Age. Let’s Join

    The “Fraudulent Practices” of Abu Dhabi, United Arab Emirates

    There may be states in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of ’defrauding judgment creditors’, to avoid honoring obligations!
    Real-life Judgment Fraud by the UAE Administration Uncovered!

    Support Judgment Creditor; buy ‘Landmark Judgments’ of Abu Dhabi Courts!

                               [A unique investment plan with high returns, who respect the judiciary]

    Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

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