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One of the best Advocates & Lawyers in Delhi - Advocate Nitish Banka

Advocate Nitish Banka

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LawRatoVasant Kunj, Delhi
LawRato11 years Experience
Practice Areas
Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord/Tenant, Motor Accident, NCLT, Property, RERA, Succession Certificate, Supreme Court
About
Language(s) Spoken: English, Hindi
Advocate Nitish Banka, a Member of Bar Council of India is practicing in the field of Civil and Criminal law as well as the corporate legal consultant to various firms. He is a techno-legal professional with an immense experience with corporate IT firms like HCL technologies as well as corporate law firms like Anand & Anand. He has also worked with international NGO’s like World Wildlife Fund for Nature (WWF-INDIA) and United Nations Development Programme (UNDP) with their short-term project, before starting Independent practice based in New Delhi with an objective is to ensure justice to the clients-Individuals and Corporates through legal process.

He has successfully represented clients before various District Courts and Consumer Forums within Delhi, Karnal, Alwar, Bhopal, Jabalpur & Goa in the matters pertaining to property & builder disputes, mutations, cheque bounce, recovery of loan default, eviction suits, specific /general performance of the contract, criminal trials including breach of trust, forgery, cheating and conspiracy, cross-examination, drafting petitions, written submissions, notices. He has also actively got relief in various consumer forums and courts for his clients. Recently he is also actively involved with startups for consultations and work related to commercial agreements & drafting, dealing with government departments, due diligence, along with guiding his corporate clients with preventive litigation support.

Advocate Nitish Banka has credible exposure before High Court of Delhi and Hon’ble Supreme Court of India in various Writ petitions and Special Leave to Petition, Transfer Petition and successfully got relief for his clients. In his zeal to excel academically and reach new frontiers in jurisprudence, he has written articles on the evidentiary value of the oral evidence & documents produced in the court, wills and probate.

Recent Achievements:

Specialization in class action suit against builder at NCDRC:-
He has successfully specialized in class action suit at NCDRC and is successfully representing 50-60 buyers in a single petition at NCDRC under section 12(1)(c) of Consumer Protection Act.

Transfer Petition in Supreme court:-
Advocate Nitish Banka has successfully represented clients from different cities at Hon’ble Supreme court of India for Transfer Petition.

Dismissal of false 498A and Anticipatory Bail:-
Through his special legal techniques has helped many people affected by false dowry cases and secured orders from Jabalpur High Court and Hon’ble Supreme Court of India.

Civil Suits:-
Advocate Nitish Banka has recently won a Civil Suit from Saket district court against a builder who had unauthorizedly constructed a building.

Advocate Nitish Banka is enrolled with the Bar Council of Delhi in 2012. He is a member of the Delhi Bar Association.

Enrollment Number : D/2380/2012

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Questions Answered by Advocate Nitish Banka



Q: Can a mother give child custody to father

Can a mother give child custody to father and approx in him much time divorce case gets settled

Advocate Nitish Banka answered
custody of minor child to father Custody of minor child Generally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father. How to have custody of minor child below 5 years if you are a father. In Anil Kumar pradhan Vs.Smt madhabi Pradhan It was held that though section 6 of Hindu minority and Guardianship act 1956. The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important. Image result for custody of minor child to father What is welfare of child? Welfare of child cannot be measured by money or physical comfort alone, tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child. if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar. held in kajal vs. Rajesh Rana In Nil ratan Kundu Vs. Abhijit Kundu The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development. V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held, that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the child be eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court. The court could go into the merits to determine as to where the permanent welfare lay and ignore the order of the Foreign Court or treat the fact of removal of the child from another, country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed) would exercise the summary or elaborate procedure is to be determined according to the child’s welfare. By Adv Nitish Banka



Q: What to do if their is a dispute with property

My grandfather left our ancestors property without will and my family is staying there since my father's birth but my father got transferred to rewari so we have put our property on rent but his sister is demanding half rent. What to do now???

Advocate Nitish Banka answered
Your sister cannot claim on the property without establishing her legal right title interest in the property at competent court. Burden is on her to prove her share in the property in court of law. So as of now you dont have to do anything. If she is interfaring in peaceful possession then you will have a remedy



Q: Legal recourse in case of health issues caused by flour mill

Hi Sir/Maam, requesting your opinion... in front of my house, there is a flour mill, causing huge inconvenience, air pollution and noise pollution and disturbance. We have small kids, causes asthma because of flour coming out through exhaust fan. Please advise how can we get rid of this

Advocate Nitish Banka answered
You may file for permanent and mandatory injunction civil suit for removal of the factory. You can make mcd as a party and file the suit. Let mcd takes a status report of legal validity of the floor mill in residential area.



Q: Wife wants to get mutual divorce done but husband un willing for same

I am by profession a doctor and having two daughters.me and my husband separated since January 2014 and he is not giving a mutual divorce. And I don't want contested divorce kindly guide me other way out.

Advocate Nitish Banka answered
Send a legal notice to the husband and then file go for Maintenance case for your daughters. The idea is to pressurize your husband to give a mutual divorce. From my experience in 90% of the cases gets resolved by legal notice and call for settlements.



Q: Procedure for filing divorce

Kindly guide me how to file divorce

Advocate Nitish Banka answered
Please guide me which kind of divorce you need to file is it mutual consent or contested divorce both of them has different procedure plus nature of divorce case depends upon the facts of the case. therefor please clarify




Frequently Asked Questions about Advocate Nitish Banka



Can Advocate Nitish Banka represent me in court?

Yes, Advocate Nitish Banka can represent you in court. The lawyer is trained to present your case in the most effective way possible.


What should I bring to my initial consultation with Advocate Nitish Banka?

When you meet with Advocate Nitish Banka for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.


How do I prepare for my initial consultation with Advocate Nitish Banka?

Before your initial consultation with Advocate Nitish Banka, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.


What should I expect during my initial consultation with Advocate Nitish Banka?

During your initial consultation with Advocate Nitish Banka, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.


How do I communicate with Advocate Nitish Banka?

It is important to communicate with Advocate Nitish Banka regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.


How much does it cost to hire Advocate Nitish Banka?

The cost of hiring Advocate Nitish Banka can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.