NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

Harbhajan Kaur v. Union Of India - (High Court of Delhi) (08 Nov 2016)

Government of India cannot raise a dispute with a foreign government qua the private claim of its citizens

MANU/DE/3017/2016

Civil

Instant Appeal is preferred against order of Single Judge dismissing writ petition by order holding that, merely because Government of India, on a representation being made, has forwarded claim of Petitioner to Embassy of India at China would not create an obligation on Government of India to take any further steps in the matter. Issue was relating to money deposited by late husband of Petitioner in his accounts with General Post Office, Shanghai, China. On a representation being made to Chinese authorities, Petitioner was informed, that claim for monies deposited in said accounts stands abandoned as per policies of their government.

Husband of Petitioner served in Indian National Army and deposited his savings in accounts with General Post Office, Shanghai. Thereafter, Petitioner and her husband were deported back to India. After death of husband of Petitioner in 1979, Petitioner made a representation to Government of India only on 18th September, 2003 for release of amounts lying deposited in said accounts, who in turn forwarded her claim to Embassy of India at China. Meanwhile, Shanghai Post Office vide letter dated 09th September, 2003 informed Petitioner that her claim stood abandoned for failing to register it within assigned time after issuance of said policy of Chinese Government.

Petitioner was unable to provide with any specific obligation under which Government of India has to pursue private claims of Petitioner against a foreign government. Government of India is under no obligation to raise a dispute with a foreign government in relation to private claim of Petitioner by merely acknowledging fact of a representation made by Petitioner. Said writ petition suffered from delay, laches, acquiescence and waiver. Last letter received by Petitioner from Ministry of External Affairs dates back to 30th March, 2005 whereas, Appellant approached this court only in 2015. Therefore, same cannot be entertained and Court dismissed appeal.

Tags : FOREIGN BANK   AMOUNT   RELEASE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved