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Articles by Nitish Banka

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Divorce by Desertion-what to prove?

  Nitish Banka   02 May 2016 at 13:37

Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that's it. But actually what court ..

Posted in Family Law  18 comments |   3762 Views

How your Security cheque can save you from cheque bouncing offence under NI 138

  Nitish Banka   28 April 2016 at 11:03

A cheque is defined under the Negotiable instrument act and if a cheque is bounced and liability on cheque is not discharged,it creates an offence under section 138 NI act, now the presumption under section 139 of the NI act is a rebuttable presumpt ..

Posted in Criminal Law  8 comments |   2993 Views

Mutual Consent Divorce-When your spouse is in another city-Is it possible?

  Nitish Banka   18 April 2016 at 10:58

The concept and the idea of mutual consent divorce is envisaged in section 13 B of Hindu Marriage Act, it is the easiest form of divorce in India till now, however still the ..

Posted in Civil Law  1 comments |   1068 Views

How Maintenance to wife is assessed in S.24 HMA

  Nitish Banka   18 March 2016 at 18:07

How Maintenance to wife is assessed in S.24 HMAThere are some criteria's which are set by Indian courts in order to calculate and assess maintenance to be paid by the Husband to wife under S.24 of HMA.Did you though that Income tax returns are be ..

Posted in Family Law  7 comments |   3765 Views

125 CrPC-Scope of Revision

  Nitish Banka   11 March 2016 at 10:20

These days many men are affected by the final order of maintenance towards their wife and are looking for best possible legal option to reduce interim/final maintenance amount or even looking for setting aside the said amoun ..

Posted in Family Law  20 comments |   2821 Views

How your builder is fooling you- How to Stop Real estate Fraud- Part-1

  Nitish Banka   01 February 2016 at 12:07

These days the real estate sector is down and many builders are delaying construction and abandoning the construction work and thereby as a result of which the real estate fraud is e ..

Posted in Civil Law  16 comments |   3144 Views

How to calculate interim maintainence

  Nitish Banka   11 December 2015 at 11:17

Iterim maintenance is awarded under s.24 of HMA, the basic purpose of interim maintenance is to provide fixed reasonable amount to the wife pending litigation, so that she could survive to fight the legal battles. But this term reasonable is a relati ..

Posted in Family Law  7 comments |   3265 Views

About 498a

  Nitish Banka   01 December 2015 at 11:04

Understanding 498a cruelty498a envisaged in indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this se ..

Posted in Criminal Law  6 comments |   1929 Views

Cruelty for the purpose of Divorce

  Nitish Banka   30 November 2015 at 12:53

Divorce Getting Divorce on CrueltyThe degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important ..

Posted in Family Law  3 comments |   1857 Views

Suit under section 6 specific relief act-Preventing dispossession

  Nitish Banka   27 November 2015 at 10:49

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The ..

Posted in Civil Law  8 comments |   4482 Views