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Lawyers in Lucknow

Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture. An early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory argue that justice issues from God. In the 17th century, theorists like John Locke argued for the theory of natural law. Thinkers in the social contract tradition argued that justice is derived from the mutual agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill argued that justice is what has the best consequences. Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution.

Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness.

Here at instant legal solution we try to provide free legal advice to people with less know how of the Judicial system so that access to justice delivery in case of any injustice may become easy.

Our firm mpsinghandassociates is dedicated to serve people and provide them with fair opportunity to seek rightful dues. We are a team of best lawyers in Lucknow. Our team has been representating clients in Lucknow High Court & Supreme Court of India.

 

Advocates in Lucknow

We comprise of advocates in Lucknow city with variety of experience of handling issues related to criminal and civil matters. Specialized advice is provided to all the clients and dedicated services are given to them.

New age advocates are also there in our team to understand the difficulties faced by new age generation and accurate solutions are given for underlying problem. Enactment of a specific legal provision for redressal of cases of wrongful prosecution – to provide relief to the victims of wrongful prosecution in terms of monetary and non-monetary compensation (such as counselling, mental health services, vocational / employment skills development etc.) within a statutory framework have been provided succesfully by our firm. We have been working consistantly to evolve with new laws and fundamentals.

AREA OF PRACTICE

The area of Practice includes the following:

Free Legal Advice

 

 

The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(c) A woman or a child;

(d) A mentally ill or otherwise disabled person;

(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) An industrial workman; or

(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or

(h) In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.

Free legal services entail the provision of free legal aid in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

Provision of free legal aid may include:

a. Representation by an Advocate in legal proceedings.

b. Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;

c. Drafting of legal documents, special leave petition etc.

d. Rendering of any service in the conduct of any case or other legal proceeding before any court or other Authority or tribunal and;

e. Giving of advice on any legal matter.

Free Legal Services also include provision of aid and advice to the beneficiaries to access the benefits under the welfare statutes and schemes framed by the Central Government or the State Government and to ensure access to justice in any other manner.

Criminal Matters

 

 

01 Criminal Matters Matters relating to capital punishment
02 Criminal Matters Matters relating to maintenance under Section 125 of Cr.P.C.
03 Criminal Matters Matters relating to harassment, cruelty to woman for dowry, dowry death, eveteasing, domestic violence etc.
04 Criminal Matters Matters relating to sexual harassment, kidnapping & abduction
05 Criminal Matters Matters relating to Prevention of Corruption Act
06 Criminal Matters Matters relating to Bank scams, cheating, forgery etc.
07 Criminal Matters Matters relating to Essential Commodities Act
08 Criminal Matters Criminal matters relating to State Excise Law
09 Criminal Matters Criminal matters relating to bail/interim bail/anticipatory bail
10 Criminal Matters Criminal matters in which sentence awarded is up to five years
11 Criminal Matters Criminal T.P. Under Article 139(A)(1) of the Constitution of India
12 Criminal Matters Criminal T.P. Under Section 406 of the Cr.P.C.
13 Criminal Matters Criminal matters arising out of Securities Act, 1992.
14 Criminal Matters Criminal matters relating to Drugs and Cosmetics, NDPS Act
15 Criminal Matters Criminal matters relating to Food Adulteration
16 Criminal Matters Criminal matters relating to preventive detention, TADA/POTA & national security-COFEPOSA-SAFEMA
17 Criminal Matters Matters relating to SC & ST (Prevention of atrocities) Act, 1989; Untouchability (offences) Amendment & Misc. Provision Act, 1976.
18 Criminal Matters Others
19 Criminal Matters Scam matters other than relating to Banks
20 Criminal Matters Appeal under Section 2 of the Supreme Court enlargement of jurisdiction Act
21 Criminal Matters Police atrocities matters
22 Criminal Matters Matters relating to Foreign Exchange Regulation Act
23 Criminal Matters Matters challenging sentence till rising of the court and/or fine only
24 Criminal Matters Appeals u/s 10 of the Special Courts (Trial of Offences relating to transactions in Securities) Act, 1992.
25 Criminal Matters Appeals u/s 19 of the Terrorist and Disruptive Activities Act, 1987
26 Criminal Matters Matters filed by State against Acquittal
27 Criminal Matters Matters filed by complainant against Acquittal
28 Criminal Matters Matters under State Police Acts
29 Criminal Matters Matters for/against quashing of criminal proceedings
30 Criminal Matters Matters challenging prosecution under Income Tax Act
31 Criminal Matters Matters challenging prosecution under Negotiable Instruments Act
32 Criminal Matters Criminal matters relating to Central Excise & Salt Act, 1944
33 Criminal Matters Criminal matters relating to Customs Act, 1962
34 Criminal Matters Matters relating to Foreign Exchange Management Act (FEMA)
35 Criminal Matters Criminal appeals filed against the orders of various Tribunals
36 Criminal Matters Criminal matters relating to suspension of sentence
37 Criminal Matters Criminal matters relating to cancellation to bail
38 Criminal Matters Criminal matters in which sentence awarded is more than five years
39 Criminal Matters Criminal matters in which sentence awarded is life imprisonment

Family Law Matters

 

 

01 Family Law Matters Mutual consent divorce matters
02 Family Law Matters Other divorce matters
03 Family Law Matters Restitution of conjugal rights
04 Family Law Matters Child custody matters
05 Family Law Matters Adoption & Maintenance matters
06 Family Law Matters Minority & guardianship matters
07 Family Law Matters Matters under Hindu Marriage Act
08 Family Law Matters Matters under Muslim Marriage Act
09 Family Law Matters Matters under Christian Marriage Act
10 Family Law Matters Alimony
11 Family Law Matters Others

Service Matters

 

 

01 Service Matters Retiral benefits
02 Service Matters Regularisation of ad-hoc employees etc.
03 Service Matters Removal/Dismissal/Termination from service or other major penalties
04 Service Matters Suspension
05 Service Matters Compulsory retirement
06 Service Matters Disciplinary proceedings
07 Service Matters Condition of service
08 Service Matters Promotion
09 Service Matters Seniority
10 Service Matters Pay scales
11 Service Matters Reservation in service for SC/ST/OBC
12 Service Matters Equal pay for equal work
13 Service Matters Others
14 Service Matters Medical facilities
15 Service Matters Recruitment/Transfer/Compassionate Appointment
16 Service Matters Minor penalties
17 Service Matters Back wages
18 Service Matters Voluntary Retirement
19 Service Matters Allotment of Accommodation
20 Service Matters Probation & Confirmation
21 Service Matters Temporary Appointment
22 Service Matters Use of forged/false document(s) for securing employment

Important Updates

Latest Development in Executive , Legislature & Judicial system of INDIA

 

Nambi Narayanan’s ordeal of Justice

ISRO scientist Nambi Narayanan’s protracted and bitter fight for justice began on November 30, 1994 — the day the Kerala police arrested him on charges of having leaked secrets pertaining to the cryogenic rocket technology to Pakistan’s Inter-Services Intelligence (ISI).

Their case was that the ISI had used the services of two Maldivian women, Mariam Rasheeda and Fousiya Hassan, to entice Mr. Narayanan into revealing secrets to which he was privy as head of the cryogenic division of ISRO. Later, the police would name his deputy, D. Sasikumar, as an accused in the case, along with four others.

Political fallout
The case also triggered a political firestorm in the State that prompted the Congress leadership to replace then Chief Minister K. Karunakaran with his rival in the party, A. K. Antony. Though the police and intelligence bureau quizzed former Director General of Police (DGP) Raman Srivastava in the case, they stopped short of naming him an accused.

On December 3, 1994, the State government handed over the probe in the case to the Central Bureau of Investigation (CBI) given its ramifications.

In 1996, the CBI filed a final report stating that the so-called ISRO spy scandal case was a fabricated one. However, in June the same year, the Left Democratic Front (LDF) government of Chief Minister E. K. Nayanar formed a Special Investigation Team (SIT) to conduct its own investigation into the case.

Mr. Narayanan moved the Kerala High Court against the move, but the High Court deemed that the State government had the right to re-investigate the case. Mr. Narayanan then moved the Supreme Court against the High Court order.

HC order struck down
In 1998, the CBI submitted in the SC a secret report it had filed along with the final report in the case. The confidential report purportedly listed the alleged investigative flaws committed by the investigating officers, the then Additional Director General of Police (ADGP) Siby Mathews, and Superintendents of Police K. K. Joshua and S. Vijayan. In 1998, the SC struck down the HC order and ordered a compensation of ₹1 lakh to all the accused.

Successive State governments failed to initiate punitive action against the officials faulted by the CBI. Instead the named officers were duly promoted and subsequently retired from service with full benefits.

In April 1999, Mr. Narayanan approached the National Human Rights Commission (NHRC) claiming compensation from the State for the mental agony suffered by him. In March 2001, the NHRC awarded an interim compensation of ₹10 lakh and asked the State to pay damages.

In September 2012, the High Court directed the State to pay ₹10 lakh to Mr. Narayanan. In 2015, Mr. Siby Mathews moved the HC against this order. The HC upheld the State’s decision not to compensate the scientist.

The same year Mr Narayanan moved the SC demanding that it set aside the HC order. On July 10, 2018, a Division Bench headed by Chief Justice Dipak Mishra considered the case for the final time and reserved orders. In its order on Friday, the court awarded ₹50 lakh as compensation to Mr. Narayanan and constituted a judicial committee to investigate the officers responsible for the scientist’s ordeal.

Lok Sabha passes Criminal Law (Amendment) Bill, 2018

Highlights of the Bill

  • The Bill amends the IPC, 1860 to increase the minimum punishment for rape of women from seven years to ten years.
  • Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death.
  • Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

Key Issues and Analysis

  • The Bill amends the IPC, 1860 to increase the punishment for rape of girls.  However, punishment for rape of boys has remained unchanged.  This has resulted in greater difference in the quantum of punishment for rape of minor boys and girls.
  • The Bill imposes death penalty for rape of girls below the age of 12 years.  There are differing views on death penalty for rape.  Some argue that death penalty has a deterrence effect on the crime and therefore helps prevent it.   Others argue that death penalty would be disproportionate punishment for rape.

 

Cabinet approves amendments to National Medical Commission Bill

The Amendments include:

  • Final MBBS Examination to be held as a common exam across the country and would serve as an exit test called the National Exit Test (NEXT):

Having considered the common demand by the students not to subject them to an additional licentiate exam for the purpose of getting license to practice, the Cabinet has approved that the final MBBS examination would be held as a common exam throughout the country and would serve as an exit test to be called the National Exit Test (NEXT). Thus, the students would not have to appear in a separate exam after MBBS to get license to practice. NEXT would also serve as the screening test for doctors with foreign medical qualifications in order to practice in India.

  • Provision of Bridge course for AYUSH practitioners to practice modern medicine removed:

The provision dealing with bridge course for AYUSH practitioners to practice modern medicine to a limited extent has also been removed. It has been left to the State Governments to takenecessary measures for addressing and promoting primary health care in rural areas.

  • Fee regulation for 50% seats in private medical institutions and deemed universities:

The maximum limit of 40% seats for which fee would be regulated in private medicalinstitutions and deemed universities has been increased to 50% seats. Further, it has been clarified that the fee would also include all other charges taken by the colleges.

  • Number of nominees from States and UTs in NMC increased from 3 to 6:

Responding to the demands from States to increase their representation in the NMC, thenominees of States and UTs in the NMC have been increased from 3 to 6. The NMC willcomprise of 25 members of which at least 21 will be doctors.

  • Monetary penalty for a medical college non-compliant with the norms replaced with provision for different penalty options

Another major concern gathered during discussion with stakeholders was the wide range of monetary penalty, ranging from one half to ten times the annual fee recovered from a batch, to be imposed in a graded manner on a medical college non-compliant with the norms. The clause has been replaced with a provision which provides different options for warning, reasonable monetary penalty, reducing intake, stoppage of admission leading up to withdrawal of recognition.

  • Stringent punishment for unqualified medical practitioners or quacks:

The government is concerned about the quality and safety of health care being made available to the citizens and the need to act strictly against unqualified practitioners or quacks. The punishment for any unauthorized practice of medicine has been made severe by including a provision for imprisonment of up to one year along with a fine extending up to Rs. 5 lakhs.

CONTACT US

 

 

OFFICE:

Advocate Mahendra Pratap Singh

Shop No. :- B-05 First Floor, Apna Bazar(Kisaan Bazar),
Vibhuti Khand, Gomti Nagar,Lucknow.
Lucknow – 226010.

 

Mobile No:
+91 6386416798

Email :

[email protected]