Legal Knowledge and Sharing

Letter of Credit Section 2(p) of NRB Act 2058 defines Letter of Credit means an instrument issued by a bank to another bank instructing to accept cheque, draft, or Bill of exchange drawn by specified person up to the limit of specified amount . It is a written instrument issued by a bank at the request of its customer, the importer (Buyer), whereby the bank promises to pay the exporter (Beneficiary) for gods or services, provided that the exporter presents all document called for, exactly as stipulated in the letter of credit and meet all other terms and conditions set out in letter of credit, A letter of credit is also referred as a documentary credit. It is used as an instrument for settlement of payment arising out of commercial transactions like sales/purchases in national/international trade. BAFIA 2063 Section 2(gg) Letter of credit means a letter written by one bank or financial institution to another bank or financial institution authorizing the latter to acce...

Ingredients of a Fair Trial (Basic Requirements) Courts, in a criminal charge, must follow the “due course of law” which has been interpreted to include the following ingredients, inter alia. (i)               The court must be independent and impartial. (ii)             The accused must be adequately informed of the nature and substance of charge. (iii)           The accused must have the right to cross-examine the prosecution witnesses and also to give evidence in his defense and to assistance of a lawyer for his defense, at state expense. Where such assistance required because of the seriousness of the charge and his lack of education. (iv)           The accused shall have the presumption of innocence and the onus of proving his guilt shall be on prosecution. (v) ...

The fair trial is the concept of criminal justice. Fair means having the qualities of impartially and honesty. It is free form prejudice, favoritism and self interest. In generic sense Fair trial has been understand as disinterested dispensation of justice by competent state’s judicial organs. Right to dignified life of each and all human being is regarded as fundamental universal consensual recognition of every civilization throughout the globe. In human right, there consist many types of rights of people. Among several human rights, right to a fair trial, under any justice system is one of essential concern. Those rights which are covered within the meaning of fair trial have been guaranteed as the fundamental rights during criminal proceedings. Sometimes, fair trial is confused with fair hearing as used as synonymous. The concept of fair trail comprises all the right of an accused as accepted by criminal jurisprudence including fair hearing. Fair hearing is one of the major parts...

Medical malpractice is a term that refers to negligent treatment, lack of appropriate treatment or any other departure from the accepted standards of health/medical care and safety by a medical professional or health care provider that leads to harming a patient. It can include wrong diagnosis, failure to treat, improper treatment, delay in treatment, prescription error, lack of appropriate follow-up and much more. A medical malpractice victim is entitled to recover damages and be compensated for the needless medical expenses incurred, lost services, lost wages, compensation for suffering & pain and punitive damages. To claim the compensation, the victim has to hire a medical malpractice attorney. A lawyer can help the victim to produce credible evidence of malpractice to substantiate the claim. A plaintiff must establish four elements of the tort of negligence for a successful medical malpractice claim: 1.      A duty was owed: a legal duty exists whene...

Contract in law is an agreement between two parties that creates an obligation to do something or refrain from doing a particular thing. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. Courts must enforce valid contracts, unless one party has legal grounds to bar enforcement. Contracts in law are promises that the legal system will enforce. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Contracts arise when a duty does or may come into existence, because of a promise made by one of the parties. To be legally binding as a contract, a promise must be exchanged for adequate compensation. Adequate compensation is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise/contract. For example, promises that are purely gifts are not considered enforceable because the personal satisfaction the grantor of t...

 In the international law, copyright law extends certain protections for published and unpublished "works of authorship." This covers a variety of forms of expression, some of which are obvious - books, movies, songs - and some of which are not as well known outside their professional fields - computer code, software, architectural design.   Difference between copyright, patent and trademark The deciding factor is that the work must be fixed in a "tangible mode of expression." Choreography that has not been notated or recorded, for example, cannot be copyrighted until it is fixed in a durable medium. You can't copyright ideas. This requirement is one of the factors that distinguish copyright protection from the protection extended by a patent or a trademark. A patent is meant to cover an invention or a discovery in the abstract, rather than a concrete expression of an idea.  For example, a patent is used to protect the method of manufacturing specific...

While the internet has revolutionized business and communication almost overnight, laws regulating its use and misuse haven't developed as swiftly. But in the last few years more and more countries regulating by law all areas of computer/internet abuse. If you find yourself under criminal investigation for cyber crime or if you are common internet surfer you should know something about cyber laws  and legal barriers of using internet. Bellow are listed some of most common cyber crimes that you should know about. This will help you in avoiding any activity that may break the cyber law and put you in trouble. Some of the most common and well defined internet crimes are: ·          Child pornography:  Legal definitions of child pornography generally include sexual images involving prepubescents and pubescent or post-pubescent minors and computer-generated images that appear to involve them.  Child pornography is considered a...