Analyzing Negligence
Negligence: Inviting disasters Negligence refers to doing of an act which a reasonable person would not do and not doing an act which a reasonable person would do. Negligence is both, civil and criminal. In general, Criminal negligence is negligence that is aggravated, culpable .On the other hand, civil negligence often the breach of duty of care which injury […]
why old age is becoming curse for many people?
Old age means the age nearing or approximating average life span and the end of human cycle. It is the age which has less reawakening and reconstructive capacity, they feel insecure due to their declined earning capacity. It is the age where they depend upon their kith and kin for pecuniary, physical and emotional needs. But at this efficacious and […]
How to stop police investigation, If there are malfide in the investigation.
In order to stop investigation by a police officer due to malfide, the writ under Article 226(mandamus) must be moved and magistrate does not have any power to stop the investigation and call for inquiry u/s 159 CrPC. [Citation]http://www.indiankanoon.org/doc/644972/ Related articles NTSB to investigate delayed evacuation of Asiana flight – Los Angeles Times (latimes.com) Tsarnaev […]
Capital punishment for Rape Justified ?
The debate over the capital punishment has in the recent past acquired renewed vigour. The government of the day has been insisting on the increased use of capital punishment for crimes other than murder, particularly rape. Certain women’s group have welcomed this. The judiciary too has been awarding the capital punishment for violent crimes with increased regularity, […]
Environmental Laws-Path to sustainable development.
We have laws for human beings which are quite popular area of legal practice, but above all the laws Mother Nature has its own laws and if we break those laws laid by the nature then in every probability we would get punished by the nature. The recent disaster at uttarakhand is an example […]
Criminal courts must consider Mediation in the cases of 498a although it is non compoundable offence: SC
Section 498 a of the IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. http://www.indiankanoon.org/doc/14713882/ Related articles What Does a Mediator Do? (faithmediation.com) NitishAdvocate Nitish […]
US Patent Application Process
NitishAdvocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and […]
Solution for India’s Rape Problem
I have found one of the organisation in US which works for Rape related issues-: Here is a glimpse of what they actually do, and we will find solution of our problem in there working-: A brief overview of one of the Rape Crises centre in Los Angeles About Us What We Do The […]
Criminal Amendment Act 2013
Criminal Amendment Act 2013 Criminal Amendment Act 2013 NitishAdvocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, […]
How to make a will?
What is a will? A will is the testament of a person about how his property both movable and immovable is to be managed; It may also include those persons who may become beneficiaries in his property after his death. A will can only be made with respect to self-acquired property of the testator or […]
