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नालिश – Nepal America Legal Information Center

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Nepal Apex Court stands against extension of Constitution Draft deadlien

The Supreme Court’s refusal to register the review petition on its verdict on the Constituent Assembly’s term has courted controversy with major parties speaking for and against the SC’s decision. See major views at: http://www.nepalnews.com/home/index.php/voxpop/15938-the-supreme-courts-refusal-to-register-the-review-petition-on-its-verdict-on-the-constituent-assemblys-term-has-courted-controversy-with-major-parties-speaking-for-and-against-the-scs-decision.html

Nepal Judicial Council examines Action of some Judges

As the Judicial Council (JC) starts probe into the Supreme Court recommendation for action against the then Special Court judges who gave clean chit to former minister JP Gupta in a corruption case, the constitutional body has opened files of some 200 complaints against more than 60 judges. More at: http://www.ekantipur.com/2012/03/02/capital/jc-shortlists-complaints-against-12-judges/349817.html

Nepal Judiciary proposes Examination of Lawyers for Judges Positions

The Judicial Council (JC) on Monday endorsed a bill that will, if passed by the parliament, replace the existing Judicial Act-1991, making room for lawyers to be judges of District Courts. The bill will be sent to the Ministry of Law and Justice and finally to the parliament. Since the Interim Constitution has a provision of appointing lawyers as district judges, amendment to the Act was necessary, Minister for Law and Justice Brijesh Gupta, also a JC member, said emerging from Monday’s JC meeting. He informed that a 21-day public notice will be issued for those wishing to apply for district and appellate court judges. More at: http://www.ekantipur.com/2012/03/06/capital/jc-bill-to-augment–lawyers-career/350061.html

Congratulations ! Gopal Shah, Esq.

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.

“नेपालको श्रम समस्या कर्पोरेट संस्कृतिको बाधक हो” ~ डिल्लीराज भट्ट, कानुन व्यवसायी, अमेरिका

“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

Per http://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, http://www.camplaw.co.uk ran headlines in June 2009 as “£30,000 fine for company in tragic wall collapse death accident”.

Similarly, per http://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, http://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

After 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

अमेरिकी 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

FREE LEGAL CONSULTATION HOTLINE 1 888 291 6821

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