#top lawyers in mumbai

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Saraf and Partners, a distinguished banking & finance law firm, comprises experts in banking law who provide tailored solutions to clients' financial needs. Their in-depth knowledge and experience establish them as the foremost banking and finance lawyers.

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Here are three tips to help you find the best lawyer:

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Choosing The Right Criminal Lawyer In Mumbai

Particularly, when you are alleged with crimes related to the Indian Penal Code (IPC), the Narcotic Drugs and Psychotropic Substances Act (NDPS), and Motor Accident cases, it’s imperative to hire top criminal lawyers in Mumbai. Leading law firms in the city have seasoned lawyers working on their platforms.

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Top Lawyers in mumbai

If you are looking for top lawyers in Mumbai who can handle your legal matters with professionalism and expertise, look no further than Advocate Prem Kumar Pandey & Associates has excellent experienced, and qualified lawyers who specialize in various fields of law, such as civil, criminal, corporate, family, property, consumer, labor, and more. We offer personalized and affordable legal services to individuals, businesses, and organizations. Whether you need legal advice, representation, documentation, or litigation support, we are here to help you. We have a track record of winning cases and satisfying clients with our ethical and efficient approach. Contact us today to book a consultation and get the best legal solutions for your needs.

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Where To Apply For Bail In False Sc/St Case?

The SC/ST Act was passed to stop atrocities against Scheduled Caste and Scheduled Tribe members, to establish Special Courts for the trial of crimes against the law, and to provide aid and rehabilitation for those who had been the victims of such crimes.

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Where To Apply For Bail In False Sc/St Case?

In National Campaign for Dalit Human Rights v. Union of India, (2017) 2 SCC 432, it was determined that untouchability is no longer practiced and that Article 17 of the Constitution forbids it in all forms. Any impairment that results from being untouchable in accordance with Article 17 must be enforced, which is illegal and subject to legal penalties.

The Untouchability (Offenses) Act, 1955 was passed by the Parliament in order to give Article 17 its full legal and moral meaning. According to Sections 3 to 7 of the aforementioned Act, it was unlawful to impose any form of disability—religious, social, or otherwise—on the basis of untouchability.

The Scheduled Castes and Scheduled Tribes continue to be vulnerable in spite of several efforts to better their socioeconomic circumstances. A few of their civil rights are denied. Many offenses, indignities, humiliations, and harassment are perpetrated against them.

They have been brutally robbed of their lives and possessions in a number of instances. Due to a variety of historical, social, and economic factors, serious crimes are frequently committed against them.

The Scheduled Castes and Scheduled Tribes are attempting to establish their rights as a result of the knowledge raised among them by the dissemination of education, etc., and this is not being well received by the others.

Legal Provisions:

The SC/ST Act states in Section 18 that those who violate the Act are exempt from the provisions of Section 438 of the Code. When a person is arrested on suspicion of committing an offense under this Act, nothing in section 438 of the code applies to that situation. Reading the aforementioned clause makes it evident that violators of the SC/ST Act are not covered by Section 438 of the Code.

According to the complaint, the petitioners particularly mentioned the complainant's caste and insulted her and her family members, as well as physically assaulted them by yelling, "Beat the Mahar so that they should not dwell in the village.

In Vilas Pandurang Pawar & Anr v. State Of Maharashtra & Anr, it was stated that Section 18 of the SC/ST Act creates a hurdle for relying on Section 438 of the Code Ors, AIR 2012 SC 3316. Nonetheless, it is the court's responsibility to confirm the allegations in the complaint and determine whether a violation of Section 3(1) of the SC/ST Act has been shown prima facie. In other words, the accused are not eligible for anticipatory bail if there is a particular allegation in the complaint, such as insult or intimidation with the goal to degrade by using a derogatory caste term.

The application of Section 18 of the SC/ST Act when read in conjunction with Section 438 of the Code imposes a specific restriction on the issuance of anticipatory bail. No court shall consider a request for anticipatory bail where an offense under the SC/ST Act has been recorded against a person unless it makes a prima facie determination that the offense is not made out.

Therefore, there is little room to analyze the evidence and other information on file when evaluating the bail application. The court is not anticipated to engage in a critical examination of the submitted evidence. When a clause was added to the Special Act to protect members of the Scheduled Castes and Scheduled Tribes and since Section 438 of the Code prohibited the granting of bail, the clause in the Special Act could not be readily disregarded by a lengthy discussion of the evidence.

The Chhattisgarh High Court most recently declared that anticipatory relief can be granted when the alleged violation of the SC/ST Act appears to be "a misuse of law." Yet as stated, more information is required on what precisely qualifies as a "misuse of law" and what factors judges must take into account when granting anticipatory relief. Without it, investigations are still hampered by the inability to detain suspects for significant crimes, which ultimately falls on the shoulders of the victims who are supposed to be protected by the Atrocities Act.

Top Lawyers In Mumbai can be searched if the case has been filed in Mumbai. Moreover, if the case has been filed in Delhi then the best Top Lawyers In Delhi can be appointed. Moreover, Best Lawyer In Delhi can be searched.

To address the issue Lead India provides a variety of knowledge, legal services, and free legal advice. To get the best guidance in this case, ask a legal question for free online and talk to a lawyer.

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Top Lawyers In Delhi, Top Lawyers In Mumbai, Best Lawyer In Delhi,

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Top Lawyers in Mumbai

The primary service provided by a legalnriservices is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent them in maritime,admiralty & transport, corporate & white collar crime, property litigation / disputes, and other matters in which legal advice and other assistance are sought. We are based in top lawyers in mumbai. For more check https://legalnriservices.Com/

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Top-Rated Criminal Lawyers in Mumbai | Kaleeyantey Law Firm

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KS LEGAL AND ASSOCIATES

KS Legal and Associates developed a suite of envisaging solutions for any real-estate project with legal, tax, and financial services expertise. It is the best law firm in Mumbai and its niche area lies in the entire lifespan of real estate transactions entailing due diligence, computation of market value, transaction structuring, and providing the best real estate lawyer and one-stop solution for the whole of the project.

We are the top corporate law firm in Mumbai led by Sonam Chandwani. We offer extensive experience in middle-market mergers and acquisitions, securities offerings and compliance issues, corporate finance, hedge, and private equity fund formation, and counselling on sensitive corporate governance matters.

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Discover the Top lawyers in Kharghar and Navi Mumbai, offering exceptional legal services and expert guidance to ensure the best outcomes for your legal challenges.

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Top Civil, Criminal, Best Law Firms in Mumbai – SattvaLegal

Providing outstanding legal services in a range of practice areas, Sattva Legal is among the best law firms in Mumbai. Our staff comprises of the best criminal lawyers in Mumbai who guarantee strong defense tactics, as well as the best civil lawyers in Mumbai who offer professional representation in civil cases. We also list Mumbai's best corporate lawyers, who specialize in handling intricate business laws. You can rely on Sattva Legal for all-encompassing assistance from the top Mumbai attorneys. To discuss your legal issues and obtain knowledgeable advice specific to your circumstances, contact us right now!

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Commercial law is the body of law that governs business and commercial transactions. It covers a wide range of legal issues that arise in the context of business activities, such as contracts, intellectual property, employment, and finance. Commercial law also regulates the formation and operation of different types of business entities, such as corporations, partnerships, and sole proprietorships. The purpose of commercial law is to provide a legal framework that promotes fair competition, protects businesses and consumers, and facilitates economic growth.

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Real Estate Legal Experts

Saraf and Partners are recognized as real estate legal experts, offering comprehensive legal services to clients in the real estate sector. Their expertise in real estate law ensures seamless transactions and mitigates potential legal challenges making Saraf and Partners the best Real Estate Law Firm.

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How to Get Bail in False SC/ST Case

The Prevention of Atrocities Act, passed by the Indian government in 1989, defines atrocities as crimes committed against members of the SC and ST schedules. It describes procedures and penalties for coming across such conduct or crimes. This Act seeks to end the harmful practice of untouchability while also reducing and regulating violence towards SCs and STs.

But during the last few years, there has been a noticeable rise in filing false cases under this act and its misuse.

The Prevention of Atrocities Act has offenses that are both cognizable and non-bailable. This suggests that if any offense against the SC/ST is committed in violation of the said Act, police have the authority to arrest without a warrant. Additionally, no bail may be given if the criminal is detained subject to the Act until and unless there exists no prima facie case.

Offenses under Prevention of Atrocities Act

Eating or drinking anything that isn't edible- It is an atrocity crime and is punished under the SC/ST Act when people of other communities force SC/STs to consume any inedible or dangerous substance.

Dumping Excreta/Waste- Excreta or waste material being dumped close to an SC/ST person's home is an outrage and a criminal offense. This causes them inconvenience, insult, or harm.

According to the Act, denying SC/ST people their desired voting rights is illegal.

Denying them the right to their land, water, or other properties or preventing them from cultivating their land

According to the Act, it is also illegal to make SC/ST people beg or work as bonded laborers.

Denying access to safe drinking water is illegal according to this act.

Publicly defaming or insulting is an offense under this act.

The SC/ST Act outlines false criminal accusations that result in the detention of SC/ST people as an offense.

SC/ST Prevention of Atrocities Act: Bailable or Not?

As I mentioned above, unless a bail application is filed to the Magistrate, offenses under the said Act are not subject to bail. If any offense was committed violating the Atrocities Act's provisions, one might submit a bail application to the Sessions Court. The Sessions Court has jurisdiction over these offenses.

If the Sessions Court denies the accused's request for bail, the accused may file a petition with the High Court. An accused person seeking regular bail must submit a criminal appeal with the High court u/s 14(A) 2 of the Prevention of Atrocities Act.

But according to a decision made by the Kerala High Court in 2022, a request for anticipatory bail can only be submitted before the Special Court or the Exclusive Special Court. According to Sections 438 and 482 of Crpc, the High Court lacks both concurrent and original jurisdiction.

Can a Court Grant Anticipatory Bail in a Case involving SC/ST?

According to the Gujarat High Court, the Court can grant anticipatory bail in the case involving SC/ST, if:

No abuses are hurled, and the case reeks of fabrication or falsification.

No prima facie case was made

The complaint is determined to be prima facie mala fide.

You will need a lawyer to file complaints, draft bail applications, and other legal procedures. If a person trapped in this situation wants to prepare or draft an application for anticipatory bail in Delhi, then a Top Lawyers in Delhi can be appointed. Likewise, Top Lawyers in Mumbai can be assigned if cases are filed in Mumbai.

For instance, applying for anticipatory bail should be done immediately if you are concerned that your maidservant would file an FIR against you.

You should be aware that an anticipatory bail won't be issued unless it can be demonstrated that there is no case to be made against you and the accusations are untrue. It is best to do this by getting in touch with experienced lawyers prepared to handle such delicate matters.

You can talk to a Lawyer in Delhi through Lead India Law. Lead India Law provides access to free legal advice by providing you with the opportunity to ask a legal question free online.

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Top Lawyers in Mumbai The primary service provided by a legalnriservices is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent them in maritime,admiralty & transport, corporate & white collar crime, property litigation / disputes, and other matters in which legal advice and other assistance are sought. We are based in top lawyers in mumbai. For more check https://legalnriservices.Com/