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One of the best Advocates & Lawyers in Howrah - Advocate Shubham Agarwal

Advocate Shubham Agarwal

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LawRatoBandhaghat, Howrah
LawRato1 years Experience
Advocate Shubham Agarwal
Advocate Shubham Agarwal is a practicing lawyer with over 5 years of experience handling a wide range of commercial and civil disputes, with particular expertise in matters before the Debt Recovery Tribunal (DRT) and the National Company Law Tribunal (NCLT). His practice spans debt recovery proceedings, insolvency and bankruptcy matters, corporate disputes, and commercial litigation.

He is an empanelled advocate with several leading real estate companies, including the Mani Group, PS Group, and Siddha Group, advising them on legal matters pertaining to property, commercial transactions, and regulatory compliance.

In addition to his litigation practice, Advocate Agarwal regularly advises startup firms, providing legal guidance on matters ranging from business structuring to commercial contracts and regulatory compliance, helping young businesses navigate their legal obligations as they grow.

Language(s) Spoken: English, Hindi

Practice Areas


Criminal Defense
Criminal

Family Law
Divorce, Domestic Violence

Corporate Law
Corporate

Labour & Civil Matters
Civil


Advocate Shubham Agarwal


Courts

  • Calcutta High Court
  • District Court, Howrah
  • West Bengal State Administrative Tribunal, Kolkata

Awards

Top Contributor
Top Contributor
2023  

Advocate Shubham Agarwal's Reviews



Overall Rating

LawRato 4.9 / 5.0

5+ Client Reviews


5 LawRato (100%)
4 LawRato (0%)
3 LawRato (0%)
2 LawRato (0%)
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Sushanta Talukdar - Verified Client
Advocate Shubham Agarwal understood my issue quite well and guided me through the entire process. The lawyer provided me with sound advice. The lawyer aided me in making the best decision possible.
1 month ago
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Soumendu Sengupta - Verified Client
Mr Subham Agarwal given me also assurance to get the justice in coming days as early as possible with a proper and legal way.
2 months ago

Advocate Shubham Agarwal

Questions Answered by Advocate Shubham Agarwal (50+ answers)



Q: My husband has an extra marital affair with a separated girl

Please suggest what to do after 16yrs of our marriage

Advocate Shubham Agarwal answered
If you married under Hindu law, Section 13(1)(i) of the Hindu Marriage Act, 1955 permits you to seek divorce if your husband has voluntarily had sexual intercourse with another person during the marriage. Similar provisions exist under Section 27 of the Special Marriage Act, 1954.If you are financially dependent on your husband, you may be eligible to claim maintenance, depending on the applicable law, your income and his financial circumstances. You may also seek interim maintenance during proceedings.If domestic violence is involved, the Protection of Women from Domestic Violence Act, 2005 may provide monetary relief and other protections.



Q: Evidence Required For Annulment Of Marriage Under The Following Ground

This lady is an orphan,her relatives fixed her marriage,they never shared photo or detail of the groom with her,neither she was allowed to meet the groom in person or allowed to talk over phone, neither her relatives asked for her consent for the marriage. She was ordered to get married. She saw her groom for the first time on the wedding day. The lady has decided to file for Annulment of this marriage under these grounds, what are the evidences she will need to produce before the court ?

Advocate Shubham Agarwal answered
A. The marriage and her statusProof of the marriage: invitation card, photographs and videos, priest or venue details, and the marriage certificate if one was registered.Proof of identity and date of birth (Aadhaar, school certificate, birth certificate), to establish her age.Proof that she is an orphan: parents’ death certificates and any guardianship records.Proof of her dependence on the relatives: who she lived with, who paid for her education and upkeep, and any threats to stop support or evict her.



Q: False allegations False FIR filed

If an FIR is filed against me under 8 different sections and during filing of the Charge Sheet 4 of the most grievous sections are dropped by the Police. Am I eligible to file a False Case against the complainant.

Advocate Shubham Agarwal answered
Until and unless the case is fully quashed or you are discharged from all the sections, you cannot initiate any civil actions for filing a suit of malicious prosecution, but definitely you can choose to file a counter FIR against the accused.



Q: Is Survivor's Testimony Enough For Molestation Charge ?

In absence of witness or digital evidence is testimony of the survivor enough to convict a accused for Molestation (inappropriate touching) ?

Advocate Shubham Agarwal answered
Yes. Under Indian law, an accused can be convicted of molestation on the sole testimony of the survivor, with no independent witness or digital evidence, if the court finds that testimony credible, consistent and trustworthy. I'm not a lawyer, so treat this as general legal information rather than advice on a specific case.Legal basisApplicable offencesMolestation is generally prosecuted as assault or criminal force to a woman with intent to outrage her modesty: Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023, earlier Section 354 IPC. Sexual harassment (Section 75 BNS, earlier 354A) may also apply.If the survivor is under 18, the POCSO Act, 2012 applies (e.g., Sections 7-8 for sexual assault). Section 29 raises a statutory presumption against the accused, which shifts the burden onto him to rebut it.



Q: Regarding False Criminal Case and Anticipatory Bail

Sir, I am writing regarding the false criminal case filed against my father involving allegations of attempt to murder and molestation. It has been more than one month since the case was filed, but the police have not given him any notice or informed him about the case or investigation. We came to know about the matter only later. Unfortunately, by the time we were informed, the CCTV footage from his house had already been overwritten/deleted, so we are no longer able to provide that footage

Advocate Shubham Agarwal answered
Given the seriousness of the allegations (attempt to murder + molestation), if there's any risk of arrest, your father's lawyer should immediately file for anticipatory bail under Section 482 BNSS (erstwhile Section 438 CrPC) before the Sessions Court or High Court.




Frequently Asked Questions about Advocate Shubham Agarwal



Can Advocate Shubham Agarwal represent me in court?

Yes, Advocate Shubham Agarwal can represent you in court. The lawyer is trained to present your case in the most effective way possible.


What should I bring to my initial consultation with Advocate Shubham Agarwal?

When you meet with Advocate Shubham Agarwal for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.


How do I prepare for my initial consultation with Advocate Shubham Agarwal?

Before your initial consultation with Advocate Shubham Agarwal, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.


What should I expect during my initial consultation with Advocate Shubham Agarwal?

During your initial consultation with Advocate Shubham Agarwal, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.


How do I communicate with Advocate Shubham Agarwal?

It is important to communicate with Advocate Shubham Agarwal regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.


How much does it cost to hire Advocate Shubham Agarwal?

The cost of hiring Advocate Shubham Agarwal can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.


Advocate Shubham Agarwal