Legal Services & Adjudications

Legal Services & Adjudications

Number of business laws are covered under separate segments however there are other provisions under different acts relating to business which needs to be addressed ad complied with.

We provide the below services:

  • Strategic advising, structuring of transactions, planning.
  • Various compliances- Drafting & vetting agreements and registration & renewal, etc.
  • Adjudication and litigation upto Supreme Court.

With respect to following laws:

  1. Contract Act, 1972.
  2. E-Waste (Management & Handling) Rules, 2011.
  3. Explosives Act, 1884.
  4. ISO Certification (Food Safety and Standards Act, 2006).
  5. Maharashtra Fire Prevention & Life Safety Measures Act 2006.
  6. Micro Small & Medium Enterprises Development Act, 2006.
  7. Negotiable Instruments Act, 1881.
  8. Public Liability Insurance Act, 1991.
  9. The Electricity Act, 2003.
  10. The Indian Boilers Act, 1923.
  11. The Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987.
  12. The Petroleum Act, 1934.

All Businesses will have strictly adhered to following fiscal laws and business needs to be strategized ensuring 100% compliance of the law and availing benefits and concessions.

We provide the below services:

  • Strategic advising, structuring of transactions, planning.
  • Various compliances.
  • Adjudication and litigation upto Supreme Court.

With respect to:

  1.  Customs Act 1962.
  2. Income Tax Act, 1961.
  3. Foreign Exchange Management Act, 1999.
  4. Prevention of Money Laundering Act, 2002.
  5. Sale of Goods Act, 1930.
  6. SEBI (Disclosure & Investor Protection) Guidelines, 2000.
  7. Securities & Exchange Board of India Act, 1992.
  8. The Mumbai Provincial Municipal Corporation Act 1949.
  9. The Research and Development Cess Act, 1986.
  10. Wealth Tax Act, 1957.
  11. Central Goods & Service Tax Act, 2017.
  12. State Goods & Service Tax Act, 2017 (State wise).
  13. Integrated Goods & Service tax Act, 2017.
  14. Central excise act, 1944 and rules made there under.
  15. Finance act 1994 (Service Tax prior to 30th June 2017).
  16. Foreign trade (Development & Regulation) Act, ___

We provide following services under Companies Act 2013 and Business Planning, structuring & restructuring, Advisory Services

Corporate Governance and Secretarial Services

  • Corporate Governance Services.
  • Corporate Secretarial Services.
  • Secretarial/ Compliance Audit and certification Services.

Corporate Laws Advisory and Representation Services

  • Corporate Laws Advisory Services.
  • Representation Services.
  • Arbitration & Conciliation Services.

Financial Market Services

  • Public Issue, listing and Securities Management.
  • Takeover Code, Insider trading, Mergers & Amalgamation.
  • Securities Compliance and Certification Services.
  • International Trade & WTO Services.

We also provide comprehensive services under Companies Act including Compliances thereof :

  1. Process for Incorporation of Company (Public company, Private company, small company,one Person Company,Section 8 Companies) as per Companies Act, 2013 and matters related to that.
  2. Incorporation of LLP as per Limited Liability Partnership Act, 2008 and matters related to that.
  3. Drafting of Memorandum of Association and Articles of Association, LLP agreements.
  4. Change in Memorandum and Articles of Association.
  5. Change in LLP Agreement and matters related to that.
  6. Conversion of Private Limited Company into LLP,Conversion of Partnership into Private Limited, Conversion of LLP into Private limited Company.
  7. Annual Filing of Companies (consolidated and XBRL),FLA (Annual Return on Foreign Liabilities and Assets) and Annual Filing of LLP.
  8. Annual Return of a Foreign company.
  9. Change in Directors (Appointment and resignation) w.r.t. Companies as well as LLP.
  10. Appointment of Managing/whole time Director, paying any remuneration to them
  11. Change in Authorised / Paid Capital (Further issue of share, Bonus issue of shares, Buy-back of shares, Private Placement, Issue and redemption of Preference shares)
  12. Allotment of new shares/effecting transfer of existing shares/making invitation to subscribe for shares / debentures.
  13. Matters relating to dividend and Investor Education Protection Fund and compliance with respect to the same.
  14. Shifting and change of Registered office within city, outside city within the state and outside the state.
  15. Procedure for winding-up of companies.
  16. Assignment relating to Merger, takeover and amalgamation of companies.
  17. Matters pertaining to CG/ RD / NCLT.
  18. Changing of status of Company into Dormant Company.
  19. Application for striking off the name of company and LLP.
  20. Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar.
  21. Application for reservation/ renewal of name by a Foreign Limited Liability Partnership (FLLP) or Foreign Company and matters related to that.
  22. Opening & Closing of Bank Account/Change in signatories of Bank Account.
  23. Taking/ repaying loans from Banks/Financial Institutions and hypothecation of any asset of the company .
  24. Changing any term of loan, which was taken earlier.
  25. Executing documents under common seal of the company.
  26. Appointment and Change in the Auditors of the Company or in their composition.
  27. Handling Bank matters such as registration of charges (creation, modification and satisfaction of charges), matters relating to charges and preparing companies search report for Bank and ROC purpose.
  28. Preparation of Company Search Report and charge report.
  29. Drafting of minutes of Board meeting and General meetings,resolutions and various agreements on behalf of for submission toBanks/other companies/ Government departments.
  30. Filing Return of deposits.
  31. Obtaining Digital Signatures of Directors and Professionals.
  32. Obtaining Directors’ Identification Number (DIN).
  33. Due Diligence of companies.
  34. Preparation and Maintain Statutory Records as per Companies Act

The list is not exhaustive but is illustrative of the regular events done by the Company which includes other events as per Companies Act, 2013.

The object of the labour laws is to protect employees/workmen/workers from exploitation and ensure better livelihood including wages and salaries, health & welfare and safety and other social & retirement benefits. While meeting the objective there are number of laws with complexities and diversities and compliances.

We provide the below services:

  • Strategic advising, structuring of transactions, planning.
  • Various compliances – Drafting and vetting of agreements, Settlements, etc.
  • Adjudication and litigation up to Supreme Court.

With respect to the following laws:

  1. The Factories Act, 1948.
  2. The Industrial Employment (Standing Order) Act, 1946.
  3. The Minimum Wages Act, 1948.
  4. The Payment of Wages Act, 1936.
  5. Workmen Compensation Act, 1923.
  6. Payment of Bonus Act, 1965.
  7. The Payment of Gratuity Act, 1972.
  8. The Bombay Shops & Establishment Act, 1948.
  9. Profession Tax Regulations ( for each State).
  10. The Sales Promotion Employees (Condition of Service) Act 1976.
  11. Contract Labour (Regulation and Abolition) act 1970.
  12. Industrial Disputes Act, 1947.
  13. Maharashtra Sales Tax on Professions, Trades, Callings & Employments Act 1975.
  14. MRTU & PULP Act (Maharashtra).
  15. The (National & Festival Holidays) Act, 1963
  16. The Apprentice Act, 1961.
  17. The Bombay Industrial Relation Act, 1946.
  18. The Bombay Labour Welfare Fund Act, 1953 OR Maharashtra Labour Welfare Fund Act, 1953.
  19. The Bonded Labour System (Abolition) Act, 1976.
  20. The Maternity Benefit Act 1961.
  21. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. Environmental laws not only aim to protect the environment from harm, but they also determine who can use natural resources and on what terms. Laws may regulate pollution, the use of natural resources, forest protection, mineral harvesting and animal and fish populations.

The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.

Our team would assist in followings:

  • Handling of all environmental clearance matters.
  • Legal advice on all environmental law issues by team of experts.
  • Consent to establish matters.
  • Consent to operate matters.
  • Environmental Impact Assessment matters.
  • Consent under Air and Water.
  • Appeals against refusal of consent.
  • Appeal and Original Applications before the National Green Tribunal (NGT).
  • Handling of prosecution matters under Environmental Protection Act.
  • Online legal advice and legal services for Environmental Services.
  • Online filing of applications for consent and renewal of consent to operate for industrial units, establishments, projects by experts on environmental laws.
  • Legal advice on Anti-dumping laws applications and interpretations in India and other countries of the world under various agreements, conventions.
  • Legal advice supported with documentation for all legal compliances under the Environmental Protection Act and all other related notifications for various projects related to construction, industrial production, and other related activities.
  • Services related to Obtaining necessary government permissions, permits, and compliance under The Environmental Protection Act, getting the compliance under the Environmental Impact Assessment Authority.
  • Pertaining to environmental compliance for industrial establishments, factories, hotels, hospitals, mining projects, construction projects.
  • Project approval advice by an Environmental lawyer for environmental impact assessment of the projects and other related permissions.
  • Defending and contesting all the matters pertaining to the denial of Consent to Establish or other prosecutions under the Environmental Protection Act, the filing of the appeal, defending of appeal, the filing of petitions before the NGT, High Court, Supreme Court and all other forums.
  • Environmental law documentation related to all compliance’s and audits..

Consumer Law or Consumer Protection Law

We provide all legal services in the fields of consumer laws through our highly qualified and competent consumer protection lawyers. Our majority experience is in defending, drafting and filing of all types of complaints under Section 12 of the Consumer Protection Act, 1986.

We offer services of litigation at all levels including appeals, filing and defending consumer complaints, unfair trade practice matters before District Consumer Redressal Forum, State Consumer Protection Forum, National Consumer Disputes Redressal Commission. Legal advice on all consumer matters under consumer protection law.  We provide assistance for Legal documentation related to consumer laws. We also provide assistance in drafting of terms and conditions of use, disclaimer, disclosure etc.

The most effective and popular means or techniques of Alternative Dispute Resolution[ADR] in India and countries worldwide, are the following: Arbitration, mediation, Negotiation, Conciliation.Arbitration is the most suited dispute resolution system and a quick mean of redressal.

Alternate dispute resolution mechanism was incorporated to have a speedy and out of court fair and efficient settlement of disputes where the parties to the transaction seek an amicable settlement of that dispute by recourse to these ADR systems. There are alternatives to litigation, most of which fall under the general category of “Alternative Dispute Resolution.” Two of the most common options are mediation and arbitration. ADR helps to reduce or minimize the burden of full litigation.

Firm has practice in arbitration related litigation. With a dedicated team of Advocates, the Firm has capacity to provide a complete range of professional services. The Firm provides all aspects right from invocation of arbitration to finally defending and challenging the arbitral awards in courts. Further Arbitration team of the Firm is also actively involved in creating public awareness about alternative dispute mechanisms.

Firm provides the following services:

  • Providing Arbitration, mediation and conciliation services to the client.
  • Filing petition for Appointment of arbitrator.
  • Challenging arbitral awards.
  • Execution and enforcement of awards.
  • Drafting and review of arbitration clauses in contracts, arbitration agreements, notices, statement of claim, rejoinders, interim applications, replies, affidavits and other legal documentation.
  • Representations before all courts, tribunals, forums, with respect to disputes arising out of non-compliance of arbitration clauses in an agreement.
  • Advisory services provided to the client pertaining to alternative dispute resolution laws and procedures.

A legal contract or an agreement is not a mere piece of paper for signing between two parties but it protects one business entity with its rights and remedies. Drafting is a specific type of legal writing dealing with legislation, instruments, or other legal documents that are to be construed by others. The main way in which people and companies seek to protect themselves from an uncertain future is by entering into contracts. A well-crafted contract is worth many times its weight by resolving in advance important issues and avoiding potential problems in the future.

Our speciality is in drafting clear and effective contracts to meet your specific business needs. The different contracts that we can draft for you include.

Business:

  • Advice with respect to constitution of business- proprietor/partnership deed/LLP/Pvt Ltd Company/ Public Ltd Company.
  • Formation of the business including drafting, registration under various laws and compliances.
  • Drafting of Memorandum of understandings.
  • Joint Venture Agreements.
  • Technical know-how agreements.
  • Brokerage and underwriting agreements.
  • Foreign collaboration agreements.
  • Drafting of Guarantees.
  • Drafting of hire-purchase agreements.
  • Indemnity.
  • Lease and lease financing.
  • Mortgage, Pledge, Hypothecation and other security documents.
  • Power of Attorneys.
  • Service Agreements.
  • Misc Agreements with respect to Business Needs.
  • All Lease agreements.
  • Franchisee Agreements.
  • Business Asset Purchases.
  • Business Stock Purchases.
  • Slum sale agreements.
  • Take over, Merger & De-merger, Acquisitions, etc agreements.
  • Non-Compete Agreements.
  • Non-Disclosure Agreements.
  • Confidentiality Agreements.
  • Sale & Supply Agreement.
  • Distributor/Dealer Agreements- Appointment agreements, authorised service station agreements.
  • Agreements relating to Actionable claims.
  • Information technology and computer contracts.

Wills & Trusts

  • Wills
  • Trusts

Employment-Related Agreements

  • Employment Agreements.
  • Independent Contractor Agreements.
  • Labour law and compliances.

Drafting & Vetting

Legal vetting of contracts results into thorough due diligence of clauses of the agreement. Legal Vetting is making a careful and critical examination of documents to be executed in terms of law.

It results in ensuring that proper legal remedy is given, the issues are well defined, there is clarity of all aspects and monetary security and terms are pellucid.

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