Unmesh Shankar Zagade Law Offices

26/10/2024

"Legal Aid To Poor Should Not Be Poor Legal Aid"

Supreme Court has recently issued directions to ensure Prisoners get Free & Timely Legal Aid and no prisoner is subjected to torture, cruel, inhumane and degrading treatment or punishment because of living in overcrowded and unhygienic conditions in jail.

✴️ What does the Constitution say about this ?

Article 39-A of the Directive Principles of State Policy reads as under :

39-A. Equal justice and free legal aid.- The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

✴️ Enactment of Legal Services Authorities Act, 1987

To give effect to the constitutional goal under Article 39-A, the Legal Services Authorities Act, 1987 was enacted. Under Section 3 of the Act, the National Legal Services Authority (NALSA) is constituted.

✴️ The direction of Supreme Court are as follows :

❇️ Improving the measures prescribed under the SOP-2022.
❇️ Adopting methods to strengthen the monitoring of PLACs
❇️ Legal Aid Defence Counsel System shall function to its full potential.
❇️ A robust mechanism to promote Schemes of Legal Services Authorities
❇️ Periodic review of SOP-2022 for the Undertrial Review Committee [UTRC]
❇️ Early Access to Justice at Pre-arrest, Arrest and Remand Stage Framework
❇️ Periodic interaction with Jail Visiting Lawyers and Para Legal Volunteers
❇️ Convicts be informed of their right to free legal aid.

Unmesh Shankar Zagade Law Offices

25/10/2024

Slum Rehabilitation Authority (SRA) Amnesty Scheme

The Maharashtra government has launched a one-time "Amnesty" scheme for Slum residents who purchased homes after 2011 but were excluded from the Slum Rehabilitation Authority's (SRA) Annexure-2 list.

Inclusion in this list will qualify them for redevelopment schemes aimed at improving housing conditions.

The last update to Annexure-2 was on January 1, 2011, leaving newer buyers without access to these benefits.

The new government resolution mandates that the number of listed residents must not exceed the previous count, allowing for the removal of names of those who have sold their homes.

This initiative comes just weeks before assembly elections.

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16/10/2024

The Maharashtra Stamp (Amendment) Ordinance, 2024

The Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Stamp Act.

THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the Ordinance i.e. The Maharashtra Stamp (Amendment) Ordinance, 2024.

With a view to bring simplicity and uniformity in levy of stamp duty
and to increase the Government revenue, it is proposed to amend certain articles of Schedule I appended to the Maharashtra Stamp Act (LX of 1958).

The salient features of the proposed amendments to the said Act are as under :

(i) to increase rate of stamp duty fixed long ago at the nominal amount of rupees hundred or rupees two hundred on certain instruments specified in articles 4, 5, 8, 9, 27, 30, 38, 44, 49, 50, 52 and 58 to rupees five hundred;

(ii) to increase rate of stamp duty and maximum limit of rate of stamp duty on the instrument of articles of association of a company specified in article 10;

(iii) to increase rate of stamp duty on the instrument of award by arbitrator specified in article 12;

(iv) to increase the maximum limit of rate of stamp duty on the instrument of partnership, where share contribution brought in by way of cash is in excess of rupees 50,000, specified in article 47;

(v) to increase the rate of stamp duty and maximum limit of rate of stamp duty on the instrument of works contract specified in article 63.

As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exists which render it necessary for him to take immediate action further to amend the Maharashtra Stamp Act, for the purposes aforesaid, this Ordinance is promulgated.

Unmesh Shankar Zagade Law Offices

16/10/2024

What has changed after The Maharashtra Stamp (Amendment) Ordinance, 2024 ?

❇️ The Minimum Stamp Duty now is Rs. 500 instead of Rs. 100
❇️ Affidavits, Agreements, Deeds shall require Stamp Paper of Rs. 500
❇️ Stamp Duty has increased on Articles of Association of Company
❇️ New Slabs have introduced for Stamp Duty on Arbitration Awards
❇️ Maximum Stamp Duty on Partnership Deed increased to Rs. 50000
❇️ Counterparts, Divorce, Letter of License require Stamp Duty of Rs. 500
❇️ Protest of Bill, Protest by Master of Ship require Stamp Duty of Rs. 500
❇️ Release Deed, Surrender of Lease require Stamp Duty of Rs. 500
❇️ Works contracts shall attract variable stamp duty as per the Slabs.

Unmesh Shankar Zagade Law Offices

09/10/2024

Every thought and gut feeling you have is telling you something. Do not be afraid of it. Explore it. 💯

19/09/2024

Chase nothing but your inner voice. ❤️