Nepal America Legal Information Center congratulates, Attorney Gopal Shah, Esq., on passing the New York Bar Exams held on July 2011.
Advocate Gopal Shah, a licensed lawyer from Nepal has extensively practiced in the areas on International Human Rights, Child Rights, CAT, ICCPR, ICESCR, CEDAW, International War Crimes and Corporate Law of Nepal. Mr. Shah has a LLM from Tribhuwan University, Nepal and Golden Gate University, School of Law, San Francisco. He has been engaged with The Bhatta Law Firm, PC for the last 2 years.
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Congratulations ! Gopal Shah, Esq.
November 2, 2011 — LexGiri“नेपालको श्रम समस्या कर्पोरेट संस्कृतिको बाधक हो” ~ डिल्लीराज भट्ट, कानुन व्यवसायी, अमेरिका
October 26, 2011 — LexGiri“एनआरएनले लगानी गरेनन् भनेर गुनासो गर्नेले एकपटक यहाँको कर्पोरेट संस्कृति कस्तो छ भनेर गम्भीर भएर सोच्नुपर्छ ।” अमेरिकाको न्युयोर्कमा ‘ल फर्म’ सञ्चालन गरिरहेका भट्ट राज्यले आधारभूत कर्पोरेट व्यवस्थामात्र बसाउन सक्ने हो भने ठूलो लगानी भित्रिनेमा कुनै शंका नभएको तर्क गर्छन् …
नेपाल अहिले विश्वमै सबैभन्दा बढी लगानीका लागि प्रचुर सम्भावना भएको मुलुक हो । यो यर्थाथलाई सबैले ध्यान दिनुपर्छ । यो अवसरलाई सदुपयोग गर्न राज्यले कानुनी व्यवस्था गर्नुपर्छ, जुन व्यावहारिक र लगानीकर्ताको हितमा हुनुपर्छ । जब लगानीकर्ता सुरक्षित भएर धेरैभन्दा धेरै लगानी गर्छन्, तब बढीभन्दा बढी उत्पादन हुन्छ । त्यसपछि आफैं उपभोक्ताका अधिकार सुनिश्चित हुन्छन् ।
More at: http://www.karobardaily.com/news/11286#.TqMk5qviZpk.facebook
British Embassy, Nepal fails to follow Compensation Laws for wall-collapse-deaths
October 1, 2011 — LexGiriPer www.accident-claim-expert.co.uk, under British Fatal Accident Act 1976 “close relatives can claim a bereavement payment – the pain and suffering for the loss of a close family member. This is a fixed sum of money and is divided amongst those entitled to claim it. As from the beginning of 2009 the amount is £11 800. You are entitled to claim bereavement damages if you are the wife, husband or civil partner of the deceased. If the deceased was a minor (under the age of 18 years) – you can only claim if you are a parent of the deceased and if the deceased was an illegitimate child you can only claim if you are the mother.”
Likewise, www.camplaw.co.uk ran headlines in June 2009 as “£30,000 fine for company in tragic wall collapse death accident”.
Similarly, per www.levenes.co.uk, in November 2008 “Yorkshire construction firm Illson has been ordered to pay £6,800 after one of its workers sustained serious back injuries when he fell more than three metres from a terrace retaining wall on a construction site in Leeds” and that “A building contractor has been fined £7,000 after a worker broke his back when a wall fell on him at a construction site in east London.”
Furthermore, on February 22, 2011 in an incident similar to Nepal involving a government authority and its negligence to adequately inspect, repair and avoid personal as well as public injuries, www.the-claim-solicitors.co.uk made it public that “Parents, whose toddler was crushed to death when a brick wall collapsed in high winds, may now claim compensation from Camden Council in London since its negligence has been found responsible for the fatal personal injury.” It further states that, “The council-owned boundary wall around a housing estate was only half a brick wide and it had been built in the 1970s. Cracks were found in the structure in 1997 and repairs had been made, but these were not carried out correctly. The London Borough of Camden, last year, initially denied it had failed in its health and safety duties but changed its plea in October 2010 to guilty, although saying it had done all that was reasonably practical to ensure the safety of the wall. However, Judge Deborah Taylor found the council’s inspection systems were “wholly inadequate” and that it had been responsible for suitable repairs being completed. The council was fined a total of £72,000 and ordered to pay £65,000 prosecution costs for the offences. The victim’s parents, who may consult a no win no fee solicitor regarding a damages payment, praised the persistent work of Health and Safety Executive inspectors in establishing liability for the personal injury accident.”
As the Embassy of United Kingdom, falls under the similar category of a Government Council, this is a dismay, disregards to the rule of law, equity and equality by the founders of common law. It is clear that the British Government is trying to avoid further liabilities and disregard the customary compensatory tort laws, applicable to the diplomats under the International Law.
The government should immediately demand that a just compensation be made to the grieved families as a just bereavement payment in the similar amount as imposed on Camden Council in London in 2011.
TriValley University Closure and Nepali Students
January 28, 2011 — LexGiriAfter the Trivalley University was shutdown by the federal Authorities, Nepalese students who were admitted to this university, primarirly because of its low costs; have been in a delimma. Some Nepalese students have been reported to have been visited by the Immigration and Customs Enforcement Officials at their residential apartments. We have knowledge of 2 Nepalese students so far, currently put under deportation proceedings.
However, the ICE Officials have also suggested the students to immediately apply for a new college/university or change their status asap.
One of the leading lawyers in the Bay Area, Shah Peerally, suggests via his youtube announcement to seek immediate legal advice from attorneys, request for attorney representation during interogation and foremost speak politely and clearly to the officials.
Nepali students can also take advantage of seeking free legal advice form Nepali attorneys from the ANA Legal Hotline at 1 888 291 6821.
कानूनविद् डिल्लीराज भट्टको भट्ट ल फर्मले नेपाल राष्ट्र बैङ्क, राजश्व अनुसन्धान विभाग तथा नेपाल बङ्गलादेश बैङ्कलाई विपक्षी बनाइ मुद्दा दायर
November 25, 2010 — LexGiriअमेरिकी अदालतमा मुद्दा
नेपालका सरकारी निकायहरुले आफ्नो रकम विनाकारण जफत पारेको भन्दै क्षेत्री र लि झियाङले युनाइटेड स्टेट डिस्ट्रिक कोर्ट न्यूयोर्कमा मुद्दा दायर गरेका छन् । मुद्दामा नेपाल राष्ट्र बैङ्क, राजश्व अनुसन्धान विभाग तथा नेपाल बङ्गलादेश बैङ्कलाई विपक्षी बनाइएको छ र यसको जानकारी नेपाली नियोगमार्फत विपक्षीहरुलाई गराइसकिएको क्षेत्रीले जानकारी दिए । मुद्दाको कानूनी प्रतिनिधित्व भट्ट ल फर्मले गरेको छ । र्फम नेपाली मूलका कानूनविद् डिल्लीराज भट्टको हो । भट्टले भने, ‘अन्तरराष्ट्रिय वस्तुको बिक्रीसम्बन्धि भियना कन्भेन्सन, अन्तरराष्ट्रिय व्यापार तथा ब्याङ्किङसम्बन्धि अन्तरराष्ट्रिय कानूनविपरीतको काम भएकाले मुद्दा दायर गरिएको हो ।’ भट्टले चेज बैङ्क र नेपाल बङ्गलादेश बैङ्कबीच रकम हस्तान्तरणको सम्झौता हुँदा भुक्तानीको सिलसिलामा कुनै अप्ठ्यारो भए न्युयोर्कको कानूनअनुसार हुने उल्लेख गरिए पनि बङ्गलादेश बैङ्कले समेत सम्झौता मिचेको बताए । उनले कारोबार सबै कानून बमोजिम भएको प्रमाण आफूहरुसँग सुरक्षित रहेको दाबी पनि गरे । तरला इन्टरनेशनलका मालिक क्षेत्री २२ वर्षेखि अमेरिका बस्दै आएका छन् । उनको पुर्ख्यौली घर डडेलधुरा हो ।
More at: http://www.abhiyan.com.np/article-feature3_09_mangsir
Supreme Court Dissatified over PM Stalemate
November 11, 2010 — LexGiriThe Supreme Court (SC) on Wednesday directed the Speaker and Constituent Assembly Chairman Subash Nemwang to review the parliamentary regulation so as to make the ongoing prime ministerial election result-oriented.
http://www.nepalnews.com/main/index.php/news-archive/2-political/10421-sc-directs-speaker-to-review-parliamentary-regulation-to-make-pm-election-fruitful.html
SC recognises 26 more lawyers as senior advocates
October 10, 2010 — LexGiriThe Supreme Court has recognised 26 more lawyers practicing in various Appellate Courts and the Supreme Court as senior advocates, Monday.
A full bench of the apex court justices recognised advocates including Shanta Thapaliya, Padamraj Wagle, Devendra Lal Nepali, Ramkrishna Gautam, Shekhar Kumar Gautam, Guna Bahadur Rawat, Raghav Lal Baidhya, Tej Prasad Kandel and Umesh Chandra Jha as senior advocates as per the recommendation of a panel formed by the court earlier this year.
The number of senior advocates recognised by the SC has reached 102 with the latest addition. Earlier, SC had recognised 76 lawyers as senior advocates.
Others recognised as senior advocates on Monday are Indrajeet Prasad Tiwari, Dharma Prasad Upreti, Ramnath Mainali, Bamdev Sharma, Bijayakumar Gupta, Ramprasad Shrestha, Sushil Kumar Pant, Sitaram Upadhyay, Tilak Prasad Sharma, Chandramani Nyaupane, Purna Bahadur Chand, Harishankar Niraula, Shambhukumar Thapa, Ram Prasad Bhandari, Komal Prasad Bhandari, Komal Prasad Ghimire, Sureshlal Das and Lila Udasi Khanal.
SC scraps appointments in constitutional bodies
October 10, 2010 — LexGiriThe Supreme Court (SC) Thursday scrapped the appointments made by the Constitutional Council (CC) in various constitutional bodies in April this year.
A full bench of justices comprising Top Bahadur Magar, Sahid Ali Ansari and Krishna Prasad Upadhyaya scrapped the appointments of the commissioners in the Commission for the Investigation of Abuse of Authority (CIAA), the Election Commission (EC), Public Service Commission (PSC) and the Auditor General (AG).
Army chief row ends with SC annulling writ on Prez move
October 10, 2010 — LexGiriThe Supreme Court (SC) on Thursday quashed the writ petition filed against President Dr Ram Baran Yadav’s move on the Army chief row during the Maoist-led government a year and half ago.
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| Ex-Army Chief Rookmangud Katawal (File photo) |
A full bench of SC judges Tap Bahadur Magar, Prem Sharma and Mohan Prasad Sitaula had invalidated the writ petition in its verdict, stating that the issue has lost its relevance.
President Yadav had reinstated the then Army Chief Rookmangud Katawal to his post by overturning the Maoist led government’s decision to sack him
