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YOUR HONOUR, DOES THE END JUSTIFY THE MEANS? In an unprecedented move which is rightfully being called a revolt, the 4 most senior judges of the Supreme Court of India, through a joint press conference on 12Jan2018, cast aspersions on the way in which cases are being selectively allocated to certain benches by the CJI. This insinuation , by these four judges, has created a storm not only in the judiciary but also in the minds of the citizens of this vast nation for whom the buck stops at the Apex Court , which for them, is the court of last resort and their faith vested in this supreme institution has undoubtedly taken a big hit. The charges levelled by these judges initially evoked disbelief and were criticized and frowned upon by one and all. However, the same has served as a catalyst for the CJI( the master of the roster) who is now trying to find ways to ensure transparency in allocation of cases. So, what's the way forward? What may be some of the ways to improve the administrative system in times to come? Well, while the 5 senior most judges may decide all the constitutional matters and CJI could reserve the right for keeping to himself hearing on certain extraordinarily important cases of national importance, other cases may be allocated through a computerized mechanism (to remove human element of favouritism) or based on the specialisation/years of experience in handling specific types of cases by the judges. And why not? In most other professions, there are areas of specialization, be it Medical, Teaching, Engineering , Defence Services . Without rule of law, it's not possible to fight corruption, poverty, disease and all other forms of injustice which are a hindrance in the development of a society. According to a survey of 1.1 lakh people across 113 countries, conducted by the World Justice Project, our country doesn't count among the most lawfully run countries (even seventy years after independence) and finds 66th place in this list. These rankings have been based on 8 parameters:curb on government power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice. People of our country have immense faith in the Supreme Court of India and have extremely high respect for what this institution stands for. By washing dirty linen in public, these judges have achieved their target but at the same time, have planted a seed of doubt regarding the credibility of this supreme institution. "The Supreme Court's only armor is the cloak of public trust;its sole ammunition, the collective hopes of our society." Said Irving R.Kaufman. So once again, my lordships, does end justify the means? KMLAWASSOCIATES is the best and most trusted law firm with superlative success in corporate , business and commercial matters in Delhi NCR .
Sexual Harassment Lawyer In Dwarka - Sexual Harassment Attorney, Law Firm In Delhi You've come to the right place. Whether you are an Female employee / Working Women or student Girl victimized by unwanted verbal or physical conduct of a sexual nature, a sexual harassment lawyer can help. Sexual harassment law firm KM Law Associates can advise you on key steps to take to avoid continued harassment, and decide whether a lawsuit is necessary in your case. Contact Now Best Advocate for sexual harassment lawyer to help recover damages from retaliatory discharge or other disparate treatment
Are PRENUPTIAL AGREEMENTS just around the corner? With an alarming increase in divorce queries and cases, the youngsters planning to tie the knot must consider PRENUPTIAL agreement before taking their vows to safeguard themselves . Marriage in India is considered sanctimonious but there’s no harm in seeing it in a practical manner where both the parties know where they stand in the shadows cast by marital breakdown.Prenuptial agreements can help in avoiding acrimonious battles in the courtroom and will definitely save the courts' time. If prenup agreements are made diligently, both the parties can benefit without any bitterness. PRENUPTIAL agreements are currently not recognised in India but a few couples have attempted it by entering into an agreement under Indian Contracts Act . However, the same have not been upheld in the Courts. The ministry of women and child wants to make prenuptial contracts legal and some serious discussions were carried out in 2015 but the progress on this front is slow. However, slow progress is anytime better than no progress. As and when laws are made on prenuptial agreements in India, it must be ensured that these are gender neutral. Also, family wealth should be kept out of any settlement/agreement clause and only the wealth which is created during the period of marriage (common property of the couple) should be liable to be shared/ divided. Not only the material issues, even other issues like maintenance, child custody etc can also be addressed in the prenuptial agreements. KMLAWASSOCIATES is a Dwarka based Law firm with an unmatched success rate in divorce and other matters pertaining to marital discord/family disputes in New Delhi, NCR.
498A IPC already Addresses Marital Rape so why create an additional offence? In response to PIL on the issue of marital rape filed in Delhi High Court, Delhi Govt. has replied that it is already recognised as cruelty under law and as such, is an offence under section 498A of IPC.and FIRs are also being registered against the accused. Moreover, marital rape also been given a broader definition more akin to 498A IPC under the Domestic Violence Act. Delhi Govt has pointed out that marital rape is one of the grounds of cruelty for divorce under the personal law and there’s no need to create a new offence as enough safeguards in the form of criminal and personal laws exist to ensure that a wife isn’t forced to stay with an abusive husband. KMLAWASSOCIATES , Dwarka based law firm, is the first choice of people facing legal problems pertaining to marital disputes, divorce, family property disputes, domestic violence, maintenance, child custody, etc.in Delhi NCR. KMLAWASSOCIATES has successfully represented clients in corporate, commercial, business, real estate and money recovery matters in Delhi NCR.
Should CRIME VICTIM COMPENSATION be a matter of mood or rationale? A 26yr old law student has been beaten to death by unknown people, outside a restaurant in Allahabad. Just about a week ago, a Delhi photographer was killed by his girlfriend's father and uncle. On 20.01.2018, a school principal in Yamunanagar, was allegedly shot dead in her office by her student . There have been numerous killings across the country in the name of honour, intolerance, road rage etc in recent times. Victims of such crimes are not only the ones who directly suffer the blow but also the family members who suffer mental, physical and economic harm as a result of the illegal activities of those who inflict the harm. The victims of such crimes have been provided certain safeguards in the Constitution of India under article 14& 21 and the laws governing compensation to these victims of crimes are contained in sections 357, 357(1), 357(2), 357(3), 357A, 358, 359 and 250 of Cr.P.C. However, there is no uniform policy on the compensation for victims of rape, riots, fire/other accidents, murder, etc., who are rather dependent on whimsical and irrational policy of relief. When there’s no uniform policy, how is one death deemed more deserving than the other?There is an urgent need for a rationale and clear method to award compensation where claims arise from loss of life on account of failure of public authorities. Presently, due to lack of legislation, States and their officials are wriggling out of their responsibilities by awarding arbitrary amounts in compensation. However, it is incorrect to let the mood of the state or the hype created by media be the deciding factors on how much compensation is announced by the state. In the absence of a uniform policy, politics(game of one upmanship), status of the victims or the community which they belong to or the media attention colour the decision of the state authorities in fixing the compensation amount and put a lid on such simmering controversies. It’s time to question the rationale and ask how the beneficiaries of these compensations are chosen since not all families coping with rape or murder of a loved one get treated equally. KMLAWASSOCIATES is a Dwarka based law firm with a commitment and dedication towards justice in all types of litigation.
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