#top lawyers in mumbai

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Banking Law Experts

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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Deal Annocement | Saraf And Partners

Saraf and Partners advised Aditya Birla Finance Limited, in the refinancing of existing debt in the form of rupee term loan and unfunded line of ISRA line aggregating to Rs. 120 Crore (US$ 14 million) availed by TRIL Roads Private Limited.

The Transaction was led by Partner, Abir Lal Dey and supported by Associate, Akanksha Pandey.

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How a lawyer can prove that this sc/st act is fake

The SC/ST Act will never be regarded as a productive piece of legislation. Tribes and Dalits continue to face discrimination. On the other hand, there is a genuine concern about the misuse of the Act's powers against innocent people. The Supreme Court of India claims that some individuals are utilizing the SC/ST Act as a "blackmail" tool to exact "vengeance" and further their own agendas.

The crimes committed against SCs and STs remained unabated despite laws designed to protect them, such as the Protection of Civil Rights Act of 1955 and the IPC. In 1989, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (POA) was enacted by the Parliament in response to this circumstance. The main goal of the POA is to actively pursue justice on behalf of SC and ST people in order to enable them to lead moral and prosperous lives.

The most significant aspect of Indian religion and social life has traditionally been caste. Caste was once determined by a person's employment, but subsequently caste became inherited and permanent. The caste system gave the upper castes various advantages while allowing the lower caste to be oppressed. The Indian constitution aimed to correct historical wrongs and give the disadvantaged a level playing field following independence through the fundamental right to equality (Articles 14–18), particularly Article 17 which outlaws the practice of untouchability.

Abuse of provision:         

The SC/ST (Prevention of Atrocities) Act of 1989's Section 3(1)(x) is a clause that is open to abuse. When someone purposefully intimidates or insults a Scheduled Caste or Scheduled Tribe member in a public setting, they are subject to punishment under this clause. The Atrocities Act's automatic arrests could result in innocent people being falsely accused; according to crime data, such incidents are falsely reported by the police 10% of the time.

Charge papers are filed in the vast majority of atrocities cases that the police look into. 40,801 registered cases of atrocities against Scheduled castes and 6,568 registered cases of atrocities against Scheduled tribes were reported by the National Crime Records Bureau in 2016. In addition, the police looked into instances that were open from prior years and filed charges in 78% of cases involving Scheduled caste atrocities and 81% of cases involving Scheduled tribe atrocities. Given that there is evidence to suggest that misuse of this service results in arrests and has a significant impact on one's reputation in society.

Remedies:

Every person has a right to their life and personal freedom being protected. Any infringement or violation due to the right will result in legal action. As previously noted, you can file a writ petition for the Supreme Court under Article 32 and before the High Court under Article 226 alleging that any of your rights have been violated as a result of situations involving fabricated atrocities. When the SC/ST threatens to file a false atrocity case against you, you may pursue a defamation case under section 499 or 500 of the Indian Penal Code.

Recent changes:

In order to stop the "rampant misuse" of the SC-ST Prevention of Atrocities Act 1989, the Supreme Court announced fresh instructions in 2018. Any form of verbal, ritual, or physical abuse directed at the SCs and STs the untouchable community is considered unlawful under this statute. The Act further specified penalties for certain unlawful actions.

In Dr. Subash Kashinath Mahajan v. the State of Maharashtra, a two-judge bench rendered its decision and issued the new guidelines after concluding that almost one-fourth of the cases brought under the SC-ST Act involve fictitious complaints.

Even though section 18 of the SC-ST Act specifically forbids anticipatory bail, the issue of anticipatory bail was made possible by the new regulations.

The Act's many advantages far outweigh its drawbacks. Some members of the outside world try to take advantage of legal opportunism and include innocent people in these lawsuits. These fraud instances severely defame those who have been falsely implicated, and the effects of such situations are long-lasting. To preserve the sanctity of the Constitution and its citizens, the Act must be diluted.

If any false case has been filed under the Act then you should appoint a lawyer to represent your case. Lawyer can collect and represent the evidences. If case has been filed in Mumbai then you should search for Top Lawyers In Mumbai. Top Lawyers In Delhi should be searched if the case has been filed in Delhi. There are many Lawyer In Delhi.

You can also contact Lead India. Our Advocates can file counter case on your behalf. Here, you can talk to a lawyer, ask a legal question and even seek free legal advice

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

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Which One Punishment Is Suitable For A Murderer Death Sentence Or A Life Sentence?

Indian Penal Code provides different punishments that may be awarded to a person convicted for the crime and these punishments are Death penalty, life Imprisonment, imprisonment may be categorised as simple, rigorous, fine or forfeiture. 

Let’s understand the punishments with these articles that which  punishment is suitable for the murder accused the life imprisonment or the death penalty.

Life Imprisonment: when any individual who is convicted under the life imprisonment will have to be behind the jail till death or we can say that jail for the entire life or Prison for life, if any accused is convicted and for the punishment of life imprisonment that particular person will be punished in the jail till he dies, the imprisonment for the life or the life imprisonment is awarded to those person who is accused and is guilty of committing violent crimes under the Indian Penal Code, 1860, few examples are the person convicted for murder under the section 302 of the Indian Penal Code, other sections under the Indian Penal Code under which the life imprisonment is awarded are section 131, 132, 124A, 120B. As per the section 433 of the Criminal Procedure Code provides mandatory provision that cannot be less than fourteen years the minimum period that may be served under the imprisonment of life is fourteen years.

Death Punishment or the Capital Punishment?

As we all know that under the section 302 of the Indian Penal Code which provide  the punishment for the offence of murder that is the ‘Death Punishment’, ‘Life Imprisonment’,  and also liable to pay the fine.

Let’s understand the landmark judgement in the case of Raju Jagdish v. The State Of Maharashtra, here in this case the accused was convicted  for the crime of rape of a nine year old kid and hence the trial court awarded the death sentences to the accused and the same punishment was awarded by the High Court and thus appeal was made before the Hon’ble Supreme Court where the punishment was reduced the Apex Court said that the death punishment can be awarded only in the rarest conditions and thus did not awarded the death sentence to the particular accused the court also said that the punishment of life imprisonment is rule whereas thee death punishment is the exception.

Although we all know that the offence of murder is a henious crime for which those mentioned above punishments are awarded to the convicted and if the accused who is convicted is not satisfied appeal before the Higher Courts thorugh the medium of Top laywers in Mumbai. Lawyers in Delhi and other parts of India. Then further they move to the concerned upper court for some amount of relief or satisfaction, the punishment of death don’t provide the accused a second chance for rehabilitation but the life imprisonment  provide them a second chance to improve themself and grow as develop and learn from the past incident what has been faced by the convicted.

How Can Lead India Help you?

Lead India will help you by providing the Top Lawyers In Mumbai, Top Lawyers In Delhi, and the lawyers in other parts of India who will help you throughout with their expert knowledge and guidance from starting to the end.

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

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Top-Rated Criminal Lawyers in Mumbai | Kaleeyantey Law Firm

Discover top-rated criminal lawyers in Mumbai at Kaleeyantey Law Firm, providing expert legal representation in criminal defense, fraud cases, white-collar crimes and more. Trust our top lawyers to protect your rights. Schedule your consultation now!

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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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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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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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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/