Nekibzade Advocates

Restraining Orders: Extensive Powers Given to the Court

The amendments done to the 1/1998 Family (Marriage Divorce) Law a few years ago, among other things, gave considerable powers to the court to protect victims or potential victims of domestic violence and other related incidents. Regardless of whether the couple are married or living together, if one partner physically harms, sexually attacks, applies violence, […]

DNA Testing in Affiliation Orders for Children Born Out of Lawful Wedlock

The mother of the child, who was born out of wedlock, may apply to the court for an affiliation order, which would compel the father of the child to pay money towards the maintenance and education of the child as per the order. The applicant mother must apply before the birth of the child or […]

Right of the Family Members to Participate in Coroner’s Inquest

If somebody has died either a violent or unnatural death or has died suddenly due to an unknown cause, the court may hold inquests pursuant to the Coroners Law (Chapter 153). The law gives extensive powers to the judge who is responsible with the specific case. In these cases, the judge would ask detailed questions […]

Procedure of Bail Application

The court has the right to remand the person in custody for a limited duration or set the person free with any, some or all of the following conditions, to be activated if he breaks bail conditions: Personal guarantee: Suspect signs a document stating that he will be liable to pay the set amount. Guarantor’s […]

The Fine Print in Insurance Policies

When the insurance companies are advertising their insurance policies, such as insurance for theft, fire, water damage, riots, lock out or other risks, on the face of, it may seem as if the policy will securely cover everything imaginable under that heading. The reality may be quite different. It is very important to read the actual text […]

Procedure of Remand in Custody

An arrested person/suspect, can be held by the police for a maximum amount of 24 hours, from the time of initial arrest. If the police intends to prolong the duration of arrest (remand in custody), he must make an application to the court. In order to extend the duration of custody, he must convince the […]

Legal Rights of a Person Under Arrest or Being Questioned

It is of utmost importance for a police officer to respect the legal rights of a person who is being questioned or under arrest. A police officer may call any person, who he suspects to have knowledge about a crime, to give information. In such a case, the police officer has the right to compel […]