The Legal System is machinery built up of procedures or process that interpret and enforce the law in any country. A country’s legal system is shaped by its unique history, individual as well as collective thinking and contemporary influences. Most of the legal systems are generally based on four basic systems and are based on its various combinations; civil law, common law, statutory law and religious law.The Indian Legal System is no exception with the founding stones laid by the British and the final structure provided by the great Leaders of Independent India. For an enterprise to work in a given country, it must be able to comprehend and comply with various laws of the land. Given the varied nature and complexities of the Indian legislature, it isn’t easy for a single person to handle it all. So it has to depend on lawyers, who specialize in different areas of practice but keeping up with every one of them too can be a task in itself. One may find oneself running from one lawyer to the other in search of an effective solution. Recognizing this need of society and in order to simplify legal solutions, Kale & Shinde Associates, Law Firm (KASA) emerged as the first ever single- window legal solution provider for its real estate and corporate as well as individual clients. That was in the year 2005-06. A decade and a half down the line, the Law Firm has created its list of dedicated clients by-
- resolving the most complex legal challenges,
- constantly challenging themselves,
- bringing innovative ways of thinking and
- continuous update of knowledge of respective laws
- adopted technologies to simplify client needs and requirements.
Virtuous Founders
KASA is the resultant of a collective effort put together by its Founding Partners Vishal Kale, Prashant Shinde and Hemant Shinde. Vishal, who completed his Law studies in 2001, grew up inspired and influenced by his father, who was Professor at Law and an eminent lawyer in his prime. Watching him interact with clients of different background who came with an issue and left with a happy heart, always appealed to Vishal. Once he started practising, his acumen led him to realise how giant real estate clients and corporates have to run around to different lawyers for different issues. His expertise in subject has led him to become Arbitrator in various matters. Sensing opportunity, he flew happily to various cities and courts and prepared his team in such a way that different lawyers holding expertise in different areas of the law came together under one umbrella for helping their clients as one window solutions for their every legal needs. Thus began the journey of KASA.
The founders envisioned the growth of the law firm on a global level on a few foundational principles – “a democratic organisation led by meritocracy to offer trust-based services which are governed by in-depth research, knowledge, core values, client centricity and professional ethics”. The organizational approach of KASA is to –
- create challenges, progression and rewards in a meritocratic structure
- developing behavioural competency
- delicately balancing accountability with freedom and
- adopt other proven management practices that empower the team to deliver the best.
More about the LAW FIRM
KASA has extensively worked with clients from almost all conceivable backgrounds in India and is also advising International Corporation entering the Indian market. It has a distinctive way of thinking, working and behaving across borders, issues and practices. Its robust team of multi-disciplinary professionals are not only experts on law but also have the in-depth market knowledge and sectoral insights. It has developed a high-performance culture necessary to innovate and change the face of business. Its core commitment to assist clients to deliver their key business strategies has seen it build respectable national network now spanning 3 offices at Pune [Headquarter], Mumbai and Delhi. It is known for its strategic legal, regulatory, compliance and litigation services backed by integrated cross-functional sector expertise.
Dedicated to personal and high-quality support and effective solution-oriented advocacy, it handles legal aspects of every nature. It is known in the area of practices of litigation for quick disposals having flexible timings and workout. It has its own team of Advocates, Associates and Consultants expertise in the respective field in Civil Courts, District Courts, Consumer Forums, various Tribunals like NCLT and NGT, High Courts, State Commissions, National Commission and Supreme Court of India. It offers comprehensive 24 hours, 365 days a year legal service, and quick solutions including representations in litigation area at civil and criminal hierarchy Courts of law, banking sector, corporate sectors, Company law and Arbitration. Its practice areas include but are not limited to:
- Arbitration and Dispute Resolution
- Intellectual Property
- Legal Audit
- Litigation handling and Legal advisory
- Corporate Law Advisory
- Merger & Acquisitions
- Regulatory & Policy
- Corporate Training
Head-turners
KASA has been part of several landmark and high profile cases, quoting illustrations can be ;
Abhay Chhajed V/S Madhuri Misal and 2 others –
This high profile case involved allegations that the EVM has been tampered with in the 2014 election by Bhartiya Janta Party candidate. Vishal represented Member of Legislative Assembly – Smt. Madhuri Misal candidate of Bhartiya Janta Party in the Bombay High Court and the case was presided over by her Ladyship . Justice Mridula Bhatkar. After a gruelling session of representing facts, rules, exhibits and proofs, the court ruled in favour of KASA client i.e. Madhuri Misal. The election petition stood dismissed. The importance of VVPAT machine and the forensic report of EVM machine stating it as non- network, stand alone had a major impact on the use of EVM machines in Indian Elections and making it trust worthy. The case is now often referred to as a land mark judgment in other EVM cases throughout India.
PIL no 93of 2009 Deepak BalkrishnaVahikar and other V/S The State of Maharashtra and others
The Public Interest Litigation (PIL) was filed for the effective implementation of the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. In exercise of the powers conferred by the Act, the Bombay High Court has dealt with the procedures and lapses of the said Act and further gave guidance for framing of the Maharashtra (Urban Areas) Protection and Preservation of Trees Rules, 2009. Vishal represented the petitioners to save the trees and the green cover of environment. The PIL was heard by his Hon. Justice D.Y. Chandrachud. As a result of this case, the set of rules and procedures for cutting of trees were formulated and it became the landmark judgment wherein now almost all the municipal corporation in Maharashtra are following. The case amended and laid out detailed rules and regulations regarding the procedure of felling of trees, their rehabilitation, plantation drives and more. These rules are now followed in the entire state of Maharashtra. It also introduced geo tagging of trees a new technology which changed the way of counting trees,
Vishal has appeared as Counsel in various International Arbitrations.
Evolving Legal System in India
The legal system in India has often been a subject of debate on its effectiveness. Vishal believes that the machinery is there to control crime and is effective too. What needs to be done is to educate the innermost part of the society about it. The rural areas and people in the remotest portions of the country should be made aware of their rights and responsibilities. It is together, with the help of each and every citizen, contributing to the cause is when the law and order condition would be impeccable. The lawyers are responsible for justice delivery and together with the Bench and Judges they should aim for effective implementation of law and its procedure to eradicate the pendency of litigation in country.
In the same line, digitization and e-courts are now changing the face of the Judiciary for better. It is spreading the level of awareness that is required at this hour. People just need to download apps to know about laws, regulations, status of various cases and more. It is also serving as an ice-breaker between lawyers and the citizens and making interactions easier and focused. It is making the judiciary more transparent, centralized and quick. Lawyers too are reaping several benefits lines getting dates online for their cases instead of hiring people and running them around just to get a date. As such they have much more time to focus on several complex legal issues.
Being Responsible
Like it is said, it is easier to nurture young and KASA has encouraged every budding talent who has come across any of the partners. KASA has always promoted young advocates to lead the matters which enrich their confidence and experience both off and in the Court Halls. For the young and budding lawyers in the country, Vishal suggests that as Law has many branches, the sky is the limit when it comes to learning and exploring the legal path. But he firmly mentions that “While doing duties, don’t consider law as a business but as a noble profession. While doing duties perform responsibility to the best of your capacity. Assist the needy and poor to get justice and contribute to nation in one way or other.”
Vishal and KASA too are involved in several social activities. The environment is a cause very close to his heart and thus they arrange for and regularly take part in tree plantation drives. The firm and each individual of firm contribute for one day in a month for free legal consultation in rural areas.
Through Sampark Organisation they assist in providing education and food for poor and children They educate, contribute and take active participation in rehabilitation work.
Journey Ahead
Instead of competing with others, Vishal believes in improving oneself. He wants KASA and its associate lawyers to “Be the Best in whatever areas they are working.” The firm has already found footholds outside India and will continue to seek opportunities around the globe. They are firm as they march ahead to realise their mission to continuously build and maintain the KASA thought leadership and its meritocratic organizational structure based on key strengths of advocacy, academic, research, technology, creativity and organizational behaviour.