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WHOSE NEGLIGENCE IS IT ANYWAY? It's quite disheartening to see that the people in our country don’t want to take responsibility, not even for their own life and its safety. An 18 yr old DU student driving a BMW crushes man at North campus , gets arrested and is charged under sections of rash driving and negligence. But should it not be seen as the negligence of that 50yr old man who didn’t bother to cross the road at a pedestrian crossing ? Why was he crossing a busy road expecting the people behind the wheels to take the burden of safety of his life ? Motor vehicles Act needs to look into this aspect and liability should be imposed on such people who are at fault for suddenly surfacing on the road and putting others on the hook. Calousness of such pedestrians has been recognised and is the core theme of most tyre advertisements. It’s about time that pedestrians start taking more responsibility and at the same time, it will not be wrong to impose legal liability on such defaulters who think they can cross the road anywhere, anytime and that too with a blindfold. KMLAWASSOCIATES , based at Dwarka, is a top rated Law firm in Delhi NCR and is renowned for its expertise in corporate and civil law. With over 30yrs experience, KMLAWASSOCIATES provides best legal advice and representation in most branches of law like NI Act, Matrimonial matters, consumer protection, real estate, landlord/tenant disputes, etc.
Twinkle Khanna has been served with a notice for promoting Supertech Greater Noida project with 1400 flats which never took off and the developer has called it off. Maybe Mrs funny bones (Twinkle's recently acquired name) finds the matter funny and can laugh it off .However , it is a grave situation for those 1400 people who have invested their hard earned money in the project but have been left high and dry. Anupam Kher actively endorsed and advertised the project of Vigneshwara Developers which was abandoned by the company and when questioned over the same, he conveniently passed over the blame onto the gullible buyers , calling them 'funny'. Over the last few years, he has become self proclaimed spokesperson for Kashmiri Pandits and takes credit for turning on the spotlight on the plight of Kashmiri Pandits in the valley and says that had it not been for him, the present generation would not have known what happened to them 26years ago. But does Anupam Kher know what has happened to the buyers who had invested in Vigneshwara Developers, strongly endorsed and promoted by him? In one of his interviews, he has said that"The Kashmiri Pandits have been thrown out of their own land and I have a right to talk about their plight and suffering." But what about the plight and suffering of the large number of people who have been mislead by him? Why is he treating them differently? Is he not concerned about these homebuyers/investors who invested their life earnings in these projects because of the faith that he brought with his status?Is he not affected by the consequences of his association with a defaulter group or has the fee received by him sealed his lips? MS Dhoni, the most reliable and popular cricketer of our country, who was the Brand Ambassador of Amrapali Group, resigned from the builder who didn't deliver the houses to their buyers. But how has Dhoni helped these buyers by resigning? He only helped himself in doing so.Why has he not returned/refunded the payments received by him in this project? Many questions but no answers. Several homebuyers and investors have been hit hard by defaulting companies, false promises and incomplete projects endorsed by celebrities. It's high time for celebrities to take responsibility and bear the brunt of their actions in terms of a hefty penalty and jail term. KMLAWASSOCIATES is the most reliable law firm in Delhi NCR for matters pertaining to cheating and fraud. We have successfully represented victims of Unfinished housing projects and also clients cheated by stockbrokers in Delhi NCR.
Caught between the devil and the deep blue sea, is it really a man's world? A married man wants to exercise his conjugal rights but his lawfully wedded wife cries 'marital rape'. A bachelor in a consensual relationship with an educated , independent and liberated woman , gets slapped with a rape charge if their relationship fails. In other words, a failed relationship leads to rape charges and Physical relationship after marriage may also have a similar fate, a classic example of being stuck between the devil and the deep blue sea. It appears that in cases of failed love affairs, Rape charges are being used as a weapon for vengeance and Vendetta to harass and even force a man to marry his partner even though the relationship has gone sour. In recent times, there's been a spurt in cases where women in failed relationships have filed rape charges against the men, accusing them of breach of promise to marry (the most recent one involved an IIT Kanpur student and an IAF officer). However, such complaints need to be cautiously examined as educated, independent, adult women tend to forget that to have a physical relationship before marriage is their option and refuse to take responsibility for their actions . KMLAWASSOCIATES is a toprated law firm in Delhi NCR having the most successful track record in all types of litigation.
Different legal ages for girls and boys to tie the Knot is a discriminatory practice . Legal voting age in India is 18 for both boys and girls but the legal marriageable age is 18 for girls and 21 for boys which indicates that more maturity and experience is required to handle a girl than to handle a country. When both boys and girls enter the schooling atmosphere at the same age and grow there till the age of 17 then how or why is it that girls are considered more mature and ready for marriage at 18 while the boys aren't? This law seems to be made by people who were mentally immature to understand the meaning of equality . Moreover, the reason behind the 3 years age difference is not known to anyone and definitely lacks scientific logic . The reasons cited by the majority of parents behind 18 years being set as the marriageable age for girls was poverty , fears about girls’ safety and a perceived lack of other options . This discriminatory practice of marrying girls at 18 years of age against boys who are marriageable at 21 has a far-reaching impact on the society and Nation as a whole . When girls are married off at 18 , it's the only life that they know.Just out of school and with very few employment prospects , they are dependent on their husbands (who themselves may not be professionally and financially independent at the age of 21 ). As a result, the girls are more vulnerable to abusive relationships as they have few options to leave and provide for themselves. Marriage is no joke and contrary to the popular belief , girls do not have enough maturity to get into a lifelong commitment at 18 years of age . They are often forced into these marriages by their parents .Their immaturity , lack of ability to take decisions and early pregnancy lead to frustrations, separation and divorce. Today, there are more opportunities , more choices, more knowledge and expectations from life which an 18 year old girl may not be able to avail as she is married off by her parents by that time. When the voting age can be reduced from 21 to 18 as done in 1988 , it’s time we amend the marriageable age in our country . Not only should it be increased to 25 but also kept same for both boys and girls as the regions of human brain which are crucial for decision making, anticipating consequences , rewards and risks do not reach maturity until 20s. Also, the boys become professionally and financially independent around the age of 25 years and hence can take on marital responsibility . As a progressive Nation, a new set of goals for national development are required with a desperate need to empower girls to prevent them from getting married at an early age as 18. They also need more time like boys to stand on their own feet . Once girls complete their education up to a minimum level of graduation or diploma , they have access to jobs that can earn them a living and help them in supporting their families . There is a need to remove this discrimination in terms of different legal marriageable age of boys and girls and provide them equal time and space to enter Matrimony . It’s time to embrace roles for girls beyond wedlock which will make them more responsible and financially independent.
“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
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