EMPLOYMENT AND LABOUR LAW

CORPORATE AND ALLIED LAWS

Corporate Law deals with the formation, incorporation and operations of Firms, entities, companies or corporations and is related to commercial and contract law. The State laws, which vary from state to state, regulate the creation, organization and dissolution of the corporations. A corporation creates a legal or “artificial person” or entity that has standing to sue and be sued, enter into contracts, and perform other duties necessary to maintain a business, separate from its stockholders. Corporations are taxable entities, which shields the individual owners or shareholders from personal liability towards the liabilities and debts of the corporation, with some limited exceptions – such as unpaid taxes. Until formally dissolved, a corporation has perpetual life; the termination or deaths of officials or stockholders does not alter the corporate structure. States have registration laws and other compliance regulations that are binding on the Corporations, Entities or firms. As a Corporate Law professional, we are trained to form and incorporate the corporations as well as look into various compliances as per the laws. We also work in the field of joint ventures, licensing arrangements, mergers, acquisitions, startup advisory and the countless other transactions entered into by corporations. Other areas of practice include business formations, securities law, venture capital financing, insolvency and bankruptcy, business agreements, internal forms, and business tax consultations.

DISPUTE RESOLUTION AND LITIGATION

The Indian law of arbitration is contained in the Arbitration and Conciliation Act 1996 (Act), which is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976. Dispute Resolution is a crucial area of law that deals with resolving legal disputes and conflicts between parties through various methods outside of the courtroom. It encompasses a wide range of approaches, including negotiation, mediation, arbitration, and other forms of alternative dispute resolution (ADR) mechanisms. Dispute Resolution is essential in both civil and criminal cases and involves finding the most efficient and effective solution to resolve disputes while minimizing time, costs, and damages to all parties involved. Understanding dispute resolution law is vital for individuals, businesses, and organizations to protect their legal rights, avoid unnecessary litigation, and achieve fair and satisfactory outcomes in any conflict or disagreement. Our Firm consists of Mediators as well as Litigators, who provide services relating to domestic arbitration, international commercial arbitration, enforcement of foreign award and conciliation. Any commercial matter including an action in tort if it arises out of or relates to a contract can be referred to arbitration. The arbitrators are masters of their own procedure and subject to parties agreement, may conduct the proceedings “in the manner they consider appropriate”.

â€‹INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights (IPR) law is a branch of law that deals with protecting the legal rights of creators and innovators for their intellectual creations such as inventions, literary and artistic works, symbols, names, and images used in commerce, while also promoting economic growth and development. The main objective of IPR law is to encourage innovation and creativity by granting exclusive rights to the inventors and creators for a specific period. This area of law covers a range of legal doctrines and regulatory frameworks, including patents, trademarks, copyrights, trade secrets, and industrial designs.

BANKING AND INSURANCE

Banking and Insurance law have been interrelated areas of law since many years that deal with the regulation of financial institutions and the protection of the rights and interests of consumers who use their services. These laws are designed to ensure that banks, non-banking financial institutions and insurance companies operate in a safe, sound, and fair manner, and that they comply with various legal requirements to protect the interests of their customers.Â Banking and Insurance law govern a wide range of activities, including lending, deposit-taking, investment management, risk assessment, underwriting, and claims handling. These laws play a critical role in the functioning of the financial sector and the overall economy, and they are constantly evolving in response to changes in technology, business practices, and consumer needs.

FAMILY LAW

Marriages are made in heaven, or so it is said. But we are more often than not made to wonder what happens to them by the time they descend to earth. Due to the emotions, high risks in terms of finances, family assets, complex relationships and prestige involved in such cases, litigants are strongly advised to retain legal counsel. Â In addition to our services in family disputes, we also assist clients in the area of: Divorce Domestic Violence Restitution Of Conjugal Rights Annulment Of Marriage Wills, Probate and Estate Planning Maintenance Child Custody Judicial Separation Counseling & Mediation

â€‹CRIMINAL LAW

Criminal Law means offences and it includes felonies and misdemeanors. The standard of proof for crimes is "beyond a reasonable doubt." Indian Criminal Laws deal with three major acts i.e. Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872. Besides these major acts, special Criminal Laws are also passed by Indian Parliament i.e. NDPS, Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, etc. and thousands other minor laws are made in India. A body of rules and statutes that defines the conduct which are prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Indian legal system considers a person "innocent until proven guilty" and therefore the arrest of a person will be a violation of citizen’s fundamental right of Article 21 of Constitution "No person shall be deprived of his life or personal liberty except according to the procedure established by law." Arrest of an accused is not a punishment as mob opinion dictates, but it’s merely done in order to ensure the presence of the accused on trial in connection with any offence to which he is directly or indirectly connected or to prevent the commission of a criminal offence. In a free society, the personal liberty of a person is of utmost importance and even the sovereign is also not allowed to take it away without any reasonable reason and strictly according to the procedure established by law.

EMPLOYMENT AND LABOUR LAW

The constitution of India confers innumerable rights for the protection of labour. Indian constitution through various articles, protects, supports, and acts as a guideline to various labour and employment laws for their effective implementation and functioning. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter- III (Articles 16, 19, 21, 23 & 24) and Chapter IV (Articles 39, 39-A, 41, 42, 43, 43A, 46, 47 & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy which set an aim to which the activities of the state are to be guided. Labour is a concurrent subject in the Constitution of India. Indian Constitution mentions the subject matter for the Welfare of labour including conditions of work, provident funds, Employees and workmen's compensation, Pensions and maternity benefits implying on both the Union and the State.Â Indian labour law makes a distinction between people who work in "organised" sectors and people working in "unorganised sectors". The laws list the different industrial sectors to which various labour rights apply. People who do not fall within these sectors, the ordinary law of contract applies. Some of India's most controversial labour laws concern the procedures for dismissal contained in the Industrial Disputes Act 1947. A workmen who has been employed for over a year can only be dismissed if permission is sought from and granted by the appropriate government office. Additionally, before dismissal, valid reasons must be given, before a lawful termination can take effect.

CIVIL LAW

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. A defendant in civil litigation is never incarcerated and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault. "Preponderance of evidence" “Burden of proof” is initially on the plaintiff and then switches to the defendants. We cater to the needs of our clients in all areas of civil and commercial litigation. We represent our clients in an array of matters such as- Constitutional Law Service Law Insolvency and Bankruptcy Law Recovery Suit Disputes related to Contracts/Agreements Environmental Law Health Care Litigation Our services include- Special Leave Petitions Transfer Petitions Writ petitions Appeals Suits for injunctions Recovery Suits Consumer Complaints Partition suits Suits for eviction, mesne profits, and damages Suits for specific performance of contract. Suits under the Indian Partnership Act. Suits relating to infringement of Intellectual Property Trust Suits for Mortgage claims Suits for Insurance claims Motor accident claims before MACT Suits for Personal injury claims Service matters Environment related cases Petitions before the National Company Law Tribunal (NCLT) for oppression and mismanagement, insolvency and bankruptcy, winding up, etc. Proceedings before the Debt Recovery Tribunal (DRT) Matters under section 138 of Negotiable Instruments Act, 1881 Real Estate and Construction disputes Proceedings related to telecommunications before Appellate Tribunal under TRAI Summons Legal Notices

REAL ESTATE

Real Estate law is a crucial aspect of the legal system that deals with a wide range of issues related to property ownership, transactions, and development. This area of law governs the rights and obligations of property owners, tenants, buyers, and sellers, as well as the regulations and restrictions that apply to the use and development of real estate. Real Estate law encompasses a broad range of legal issues, including contracts, zoning laws, landlord-tenant disputes, property taxes, and environmental regulations. As such, it is essential for anyone involved in Real Estate transactions or property ownership to have a clear understanding of the laws and regulations that govern these activities.

â€‹IMMIGRATION

Immigration law is a complex and ever-changing area of law that deals with the legal rights, responsibilities, and obligations of individuals and businesses seeking to enter, reside, or work in a foreign country. We work on the process of obtaining visas, work permits, and citizenship, as well as deportation and removal proceedings. With increasing globalization and migration, Immigration law has become more important than ever before, both for individuals seeking to establish a new life in a foreign country and for businesses seeking to expand their operations across borders. Understanding the nuances and complexities of Immigration law is essential for anyone looking to navigate the immigration process, and can make all the difference in achieving a successful outcome.

TAXATION

Tax law is an area of law that governs the assessment and collection of taxes by the government. It encompasses a wide range of legal issues related to taxation, including income tax, goods & services tax, property tax and other such types of taxes. Tax law regulates the rights and obligations of taxpayers, the procedures for tax assessment and collection, and the enforcement of tax laws. Tax law is a complex area of law that requires specialized knowledge and expertise., and that varies from jurisdiction to jurisdiction. We are trained to provide legal advice to individuals and businesses regarding their tax obligations and to represent them in disputes with tax authorities

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