Corporate Law

This branch of law includes vetting of documents involving contracts and agreements along with expertise in requisitioning permissions from the regulatory authorities like Foreign Investment Promotion Board (FIPB), Securities and Exchange Board of India (SEBI), Insurance Regulatory & Development Authority (IRDA) and Reserve Bank of India (RBI). Corporate law also includes arbitration, drafting licensing, corporate structuring in the nature of mergers, acquisitions, joint ventures, due diligence and reconstructions etc. The best approach is of viewing issues together in the business and the legal perspective, focusing on avoidance of disputes and discrepancies rather than providing solutions to them at a later stage. A corporate lawyer should be equipped to assist in entry strategy and advise foreign corporations in formulating a business structure in India and provide general corporate law advice and opinion relating to the Companies Act and allied legislations, SEBI Regulations, FEMA Regulations, Service Tax and Labour Laws including advising clients on the Indian Contract Act, with a sophisticated understanding of changing business environments as they intersect with law, public policy and technology.

The range of services also includes:

• Company Formation and company strike off.
• NCLT and NCLAT Matters

Income Tax

As business enterprises enhance their national or international footprint, it is imperative for them to efficiently manage a dynamic tax environment. To enable our clients to address challenges posed by a rapidly changing business landscape, our Tax and Business Advisory division offers a wide range of innovative solutions aimed at enhancing your company's business performance.

The range of services include:

• Corporate and personal tax assessments and cases
• Search and Seizure Matters
• Appeals and Litigations
• DTAA compliant cross-border investment and transaction structuring.
• Focused advisory services on issues that call for expert legal opinion.

Indirect Taxation

An indirect tax (such as GST, Value Added Tax (VAT), Excise & Service Tax) is a tax collected by an intermediary from the person who bears the ultimate economic burden of the tax.

The range of services include:

• Service Tax Notices, Assessment, Appeals and Litigation
• Excise Duty Notices, Assessment, Appeals and Litigation
• Goods and Services Tax Notices, Assessment, Appeals and Litigation
• Focused advisory services on issues that call for expert legal opinion in aspects of valuation, classification, compliance etc.

Globalisation of business and services offers both challenges and opportunities. With the change in the economic/business climate around the world, India has emerged as one of the most favourable destinations for outsourcing business and services by countries like USA , UK, Australia etc.

India has a robust and effective legal system and most globally accepted ethical practices and legal principles are applicable in India. The Indian legal system derives heavily from the Common Law. Worldwide copyright laws and intellectual property conventions are applicable in India in most cases. To provide further momentum to this boom of outsourcing, India is upgrading data protection laws to encourage outsourcing. Besides other things outsourcing of legal services would offer an incredible pool of highly educated young team of individuals, cost of doing work is comparatively much lower and caliber of work products extremely high. Outsourcing work to our law firms in India would provide a multitude of benefits namely services of experienced professionals fluent in English and trained in English common law, faster work production capitalizing on time zone difference improving turn around time and enhanced levels of service and a lower cost.

Legal research with case history and judgments, knowledge and understanding of foreign legal issues, document management, knowledge management, comparison of laws of different jurisdictions with respect to laws of foreign countries, reviewing documents preparing reports¸ creating data base, draft discovery/interrogatory requests, proof reading, issues related to double taxation etc. form part of the whole process.

The need and efficacy of alternate dispute resolution mechanism is no longer a matter of debate or deliberation. The position is settled and India has developed and evolved the laws relating to them in the form of an amended legislation more than a decade ago in accordance with the relevant international conventions and treaties. The development in the field of arbitration, mediation and conciliation is evident from the fact that both corporate and individuals are readily opting for the same for a speedy and economical dispute resolution mechanism.

In this age of immense competition, intellectual property is the most valuable asset of any organization or individual and preserving the same assumes seminal importance. The object is to secure appropriate national and international intellectual property and defending it as per requirement. The areas of work include registration of patents, designs, trademarks, protection of copyright, licensing and franchising agreements, trademarks opposition management and rectification proceedings etc. The practice of law concerning intellectual property mainly focuses in these areas;

Patents

• Filing Indian and Foreign Patent applications in the Indian Patent Offices and Prosecuting applications until grant.
• Maintaining Patents for full term, sending renewal reminders, automatic renewing and reinstatement of patents not renewed in time.
• Drafting and filing assignment deeds.
• Filing opposition of Patent Applications and revocation of granted patents.
• Rendering advice regarding patents filed, accepted, and granted in India to Clients and maintaining a Watch on the patents being advertised for clients.
• Investigating Infringements and filing actions for infringement, revocation of patents.
• Conducting Searches online for both names and subject matter.
• Other related matters.

Trademarks

• Making applications for registration of Trademarks, prosecuting applications and obtaining registration.
• Maintaining Trademarks by sending renewal reminders, automatic renewing and reinstatement of Trademarks not renewed in time.
• Filing, opposing and rectification against advised applications and registered Trademarks.
• Recording assignment and change of name and address with the Registrar of Trademarks.
• Filing actions for Infringements.
• Action against Passing-of.
• A search report can be given within twenty-four hours of all registered and advertised trademarks including proprietor name search.
• Other related matters.

Designs

• Applying for and prosecuting registration of designs and maintaining registered designs in any part of India.
• Filing action for Infringement of Designs.

Copyright

Copyright registration is not mandatory and Indian Law extends protection to all original copyrighted works originating from any of the convention. However, in case of infringement of Copyright, during court proceedings, Copyright registration with the Government of India serves as an advantage. We offer full services for the protection of copyright and combating infringement.

A startup goes though innumerable hurdles before taking tussle of bear and bull market. From inception of an innovative idea till it matures into a successful business, the startup needs to consider various regulatory, tax and legal compliances strictly in respect of the entity it opts and in accordance of the location of the business in order to avoid legal complications later.

To facilitate and nurture a successful start up venture we provide one stop solution for the following services as listed but not limited to:

• Due Diligence
• Incorporation process as per Companies Act, 2013
• Regulatory Procedures
• Advisory and Technical Services concerning applicable Employment Laws
• Documentation
  • NDA
  • Offer Letter/Employment Agreement
  • HR manual and policies
  • Assignment Deed
  • Agency Contract
  • Customer Contracts
  • Lease Deed
  • Vendor/Supplier Contracts etc
• Obtaining Permits
  • Tax Registrations
  • Office set up permits
  • Labor Law registrations
  • Industry Specific permits
  • Environmental and pollution clearances
• Monthly, Quarterly and Annual compliances
• Creation and maintenance of terms of use, usage agreement and privacy policy on website.
• Content compliance and Regulation, in case of internet based company
• IPR Management

Constitutional law for the layman includes filing writ petitions under Articles 32 and 226 of the Constitution of India before various High Courts and the Supreme Court as the case may, for the enforcement of fundamental rights or other legal rights. Writ litigation is an extensive area of litigation in India as the judiciary has been conferred unparallel powers in this regard in order to do complete justice. Judicial Activism is a part of the writ jurisdiction available to the higher judiciary and the same has been responsible for many positive developments. The Constitution of India is the paramount law of the land and all laws flow from the same, needless to say they are also tested upon its principles in the courts of law.

Matrimonial disputes have not only grown in number but also in forms. These disputes also include criminal litigation apart from the traditional matters concerning maintenance and custody of children. Conflict of laws and enforcement of foreign decrees also has become part and parcel of the laws of marriage and divorce.

Family disputes involve matters relating to shares and partition of family owned or individually acquired movable and immovable assets. These disputes form a major chunk of civil litigation in our country. The spectrum becomes more vivid in view of the various personal laws that still exist as on date.

Civil Law has undoubtedly been the most important constituent of any legal system in the world. It would also be true to say that before development of corporate law and its practice, professionals advising corporate houses were usually able civil lawyers. The knowledge of civil law is of paramount importance for any legal practitioner. This includes dealing with institution and defense of recovery suits in the civil courts along with making applications for temporary and permanent injunctions or restrainment orders. The object here has been to avoid long litigation and ensure expeditious relief to our clients and most issues are attempted to be resolved by issuing effective pre-litigation legal notices. The Law of Contracts forms an important facet of civil litigation.

These have within the ambit, litigation with respect to various industrial and labour laws and regulations in India. The labour regulations in India require specific compliance and the same has been outlined in the relevant legislations concerning gratuity, minimum wages, contract labour, maternity benefits etc. The judgments in the field of service laws deal with issues of employment being promotion, retrenchment, seniority, validity of departmental enquiries etc.

Criminal litigation includes matters under the Indian Penal Code, Indian Evidence Act, Criminal Procedure Code, Prevention of Corruption Act, Prevention of Food Adulteration Act, N.D.P.S. Act etc. Many other laws in the India have criminal implications in addition to a civil liability. It is in such instances that persons with restricted knowledge of a particular aspect are taken by surprise. The aspect of criminal law also includes an important area concerning dishonour of cheques and the proceedings under the Negotiable Instruments Act, 1881, which has much relevance in the corporate world.

The law relating to educational institutions has developed in the last decade after various authoritative pronouncements of the Supreme Court of India. The vast field covers establishment of schools, general degree colleges, colleges imparting technical education, medical colleges and establishment Universities. Education is a constantly growing sector in the economy and the Government gives the same special attention. The disputes are equally varied beginning from a permission to initiate a course till affiliation from Universities.