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Practice Area

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Arbitration Law

Arbitration and Conciliation Act 1996 is identified as an alternative and speedier method for resolution of the commercial dispute through arbitration .The Arbitration Act incorporates therein the law relating to Domestic and International Arbitration and Conciliation Adopted as UNICETRAL Rules in 1980 by United Nation Commission on International Trade Law   

 

OUR SERVICES 

  1. Drafting of Arbitration Agreement
  2. Contesting of Arbitration Disputes
  3. Appointment of Arbitrator by the Court
  4. Challenging of Arbitral Award       
  5. Execution of Arbitration Award

 

LEGAL ADVISE

Civil Litigation
  1. Recovery Cases 
  2. Specific Performance of Contract
  3. Possession Suit
  4. Partition Cases 
  5. Arbitration Cases
  6. Divorce Cases/Family Disputes 
  7. Intellectual Property Infringement 
  8. Propertly Disputes
  9. Cheque Bouncing
  10. Conmsumer Cases
  11. Landlord/Tenent Disputes
  12. Corporate Law
  13. Medical Negligence
  14. Service Matters  
Competition Commission Law

LLF provides consultancy  and liigation support on Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007,

The Act prohibits and regulates the practise which tends to have adverse effect on the competition caused by 

  1. Abuse of Dominant Position
  2. Anti-Competitive Agreements
  3. Regulates combinations (acquisition, acquiring of control and Merger And Acquisition)

 

Link to CCI Website  

http://www.cci.gov.in/

 

LEGAL ADVISE

Criminal Litigation
  1. Cheque Bouncing Cases
  2. Criminal Complaints
  3. Cyber Law Cases  
  4. Matrimonial Offences
  5. Bail Matters 

LEGAL ADVISE

Cyber Law

To control the  misusing of technology  and to regulate the criminal activities in the cyberworld INFORMATION AND TECHNOLOGY ACT 2000 was enacted by Parliament of India to protect the field of e-commerce, e-governance, e-banking and provides for strit panelty for cyber crimes committed through a computer system or computer network.

Scope and applicability

  1. Unauthorized access
  2. Damage to computer data or programs
  3. Computer sabotage
  4. Unauthorized interception of communications
  5. Computer espionage
  6. Penalties

The following penalties have been provided by the IT Act for various Cyber crimes

Section 43: Penalty of damage of computer, computer system, etc.-

Section 65:. Tampering with computer source documents                 

Section 66: Hacking with computer system

Section 67: Publishing of information which is obscene in electronic form

Section 72. Penalty for breach of confidentiality and privacy

Section 73. Penalty for publishing Digital Signature Certificate false in certain particulars.

 

LEGAL ADVISE

Drug Law

DRUG AND COSMETICS ACT 1940

Regulates import, manufacture, distribution and sale of drugs and cosmetics   

 

     OUR SERVICES 

  1. Registration of the  Drug name under Trade Marks Act 1999
  2. Opinion on procuring of Drug License
  3. Opinion on Misbranding of Drug and Cosmetics
  4. Contesting of spurious Drug and Cosmetic cases

 

LEGAL ADVISE

E-Commerce Laws

 The main laws regulating the  E Commerce in India are 

  1. Information Technology Act, 2000 (IT Act 2000)
  2. The Information Technology (Intermediaries Guidelines) Rules, 2011, as notified on April 11, 2011.
  3. Cyber Due Deligence 
  4. Copy Right Act 1963
  5. Foreigh Exchange Management Act 1999 [FEMA]
  6. Indian Contract Act 1872

LEGAL ADVISE

Environmental Law

Under Construction 

LEGAL ADVISE

Intellectual Property | IPR

Our Serivces 

Registration,Protection and litigation relating to  

  1. Trade Marks:Registration, Renewal, Opposition,Assignment, Rectification , Infringment Litigation  
  2. Copy Right:Registration,Licensing,Infringment Litigation  
  3. Patent:Search Report,Registration. Pre Grant and Post grant  opposition, Infringement Litigation    
  4. Design:Search Report,Registration, Infringement Litigation     
  5. Geographical Indications: Search Report,Registration, Infringement Litigation     
  6. Semiconductors:Search Report,Registration, Infringement Litigation     
  7. Plant Variety :Search Report,Registration, Infringement Litigation     

             

LEGAL ADVISE

Labour Law

Law relating to labour Laws in India are 

1.Industrial Dispute Act- 1947

2.Factories Act -1948

3.Payment of Gratuity Act- 1972

4.Minimum Wages Act 1948

5.Payment of Wages Act 1936

6.Workers Compensation Act 1923

7.Contract Regulation and Abolition Act 1970

 

LEGAL ADVISE

Legal Due Diligence

OUR SERVICES 

 

  1. Legal Due Diligence Report   
  2. Drafting of  Scheme for Purchase of Land
  3. Drafting of Collaboration Agreements
  4. Drafting of Sale Deed
  5. Partition cases
  6. Opinion on Development Laws and Land Related policies    

LEGAL ADVISE

Legal Metrology

1.     Requirement for Standard Packaging 

Section-18 (1) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.

Besides even the advertisement for the pre packed commodity shall contain the following requirements under section 18(2) I such manner as may be prescribed  

  1. Retail sale price
  2. Net quantity  or
  3. Number of commodity contained in the package

2.     Declaration to be  made in the Label

According to Rule 6 the label should contain the following declaration    (a) the name and address of the manufacturer.

(b)Where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer shall be mentioned on every package. 

Explanation I.- If any name and address of a company is mentioned on the label without any qualifying words \\\'manufactured by\\\' or \\\'packed by\\\', it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly; 

 Explanation II. - If the brand name and address of the brand owner appear on the label as a marketer, then the brand owner shall be held responsible for any violation of these rules and action as may be required shall be initiated against the deemed manufacturer and in the event of more than one name and address appearing in the label, prosecution shall be launched against the manufacturer indicated on the label in the first place and not against all of them.  

(a) The common or generic names of the commodity contained in the package

 (b) In case of packages with more than one product, the name and number or quantity of each product shall be mentioned on the package.

 (c) The net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package

 (d) Where the commodity is packed or sold by numberthe number of the commodity contained in the package shall be mentioned.

(e) The month and year in which the commodity is manufactured or re-packed or imported shall be mentioned in the package.  

 With effect from 1.7.2012 a rubber stamp cannot be used to declare date of packing or date of manufacture.

 (f) The retail sale price of the package to be declared as “MRP Rs……… incl. of all taxes”. After taking into account the fraction of less than fifty paisa to be rounded off to the proceeding rupee and fraction of above 50 paisa and up to 90 paisa to be rounded off to fifty paisa

 (g) The name, address, telephone number, E-mail address if available, of the person who can be or the office which can be, contacted, in case of consumer complaints.

The above declarations are mandatory on every retail package intended for retail sale. All the declarations shall be made either on the container or on a label securely affixed thereto.

The word “label” has been defined as “label” means any written; marked, stamped, printed or graphic matter affixed to or appearing upon any commodity or package containing any commodity. Stickers are strictly prohibited.

The word “sticker” has not been defined. It would be safe to take it as anything pasted on the label.

Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP.

It must be noted that if we choose to affix a label on the package for making declarations, all the declarations must be made on the same label though some declarations are already preprinted on the package. Nothing should be pasted on the label where the declarations are made and nobody should be allowed to tamper with the declarations. It must be ensured that the declarations once made are not changed under any circumstances. Part declarations on package and part on the label is prohibited by the law.

 

LEGAL ADVISE

Media & Entertainment

Media and Entertainment

Media and entertainment industry is prone to copy right Infringement , however their right are protected under the Copy Right  Act 1957 . The Copy Right Act protects  

  1. Rights of Broadcasting Organisation
  2. Performers Broadcast reproduction right

A. Broadcasting Rights

(1) Every broadcasting organisation shall have a special right to be known as \\\"broadcast reproduction right\\\" in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,-

(a) re-broadcasts the broadcast; or

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or

(c) makes any sound recording or visual recording of the broadcast; or

(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or

(e) sells or hires to the public or offers for such sale or hire, any such sound recording or visual recording referred to in clause (c) or clause (d) shall, subject to the provisions of section 39, be deemed to have infringed the broadcast reproduction right

B. Performer’s right

 (1) Where any performer appears or engages in any performance, he shall have a special right to be known as the \\\"performer\\\'s right\\\" in relation to such performance.

(2) The performer\\\'s right shall subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made.

 (3) During the continuance of a performer\\\'s right in relation to any performance, any person who, without the consent of the performer, does any of the following acts in respect of the performance or any substantial part thereof, namely :- (a) makes a sound recording or visual recording of the performance; or (b) reproduces a sound recording or visual recording of the performance, which sound recording or visual recording was- (i) made without the performer\\\'s consent; or (ii) made for purposes different from those for which the performer gave his consent; or (iii) made for purposes different from those referred to in section 39 from a sound recording or visual recording which was made in accordance with section 39; or (c) broadcasts the performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance with section 39, or is a re-broadcast by the same broadcasting organisation of an earlier broadcast which did not infringe the performer\\\'s right; or (d) communicates the performance to the public otherwise than by broadcast, except where such communication to the public is made from a sound recording or a visual recording or a broadcast, shall, subject to the provision of section 39, be deemed to have infringed the performer\\\'s right. (4) Once a performer has consented to the incorporation of his performance in a cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance.

No infringement  

Acts not infringing broadcast reproduction right or performer’s right. – No broadcast reproduction right or performer\\\'s right shall be deemed to be infringed by- (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or (c) such order acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52. 39A,96 ,

LEGAL ADVISE

Property Documents

Every document which purporate to tranfer interest in any immovable property of the value exceeding Rs. 100/- is compulsory to be registered in India, on payment of requisite Stamp Duty and Registration charges under the  provisions of Indian Stamp Act 1899 and Registration Act 1908    

OUR SERVICES 

Drafting of Documents  

  • Sale Deed
  • Conveyance Deed
  • Gift Deed
  • Transfer Deed
  • General Power of Attorney 
  • Will
  • Trust
  • Lease Deed 
  • Stamping of Foreign Documents  
  • Opinion and litigation on Indian Stamp Act and Registration Act   

  

LEGAL ADVISE

Real Estate Disputes
  1. Disputes with builders relates to delayed completion of projects, non completion of project , violation of builder buyer Agreement, allotment of flat on super area basis, exorbitant charges for common area, disputes with RWA for maintenance  etc. With the passing of Real Estate Regulation and Development Act 2016 on 25th March 2016, all the above disputes with the   builders will be settled according to this Act. It shall cover both existing and new projects. The Act is yet to be implemented. Besides other remedies  are also available for resolution of Builder Buyer disputes through the under mentioned forums   
  2. Forums for Resolution of Reals Estate Disputes 
    • Consumer Courts 
    • State Commission
    • National Commission
    • High Courts
    • Arbitration
    • Competition Commission of India
  3. Drafting of the collaboration agreements
  4. Drafting and Registration of property documents
  5. Opinion on  Change of land Use [CLU]
  6. Opinion on Development Laws in Haryana  
  7. Opinion on Land Use policies in Haryana for usage of land for the following purposes
    • Residential purpose
    • Were housing
    • Mobile towers
    • Fuel Filling Station
    • Guest House
    • Any other Commercial use

 

LEGAL ADVISE

Research & Opinion

 LLF Provides Research And Opinion on Various Intricate Legal Issue Relating to

  1.   Online Marketing Laws 
  2.   Contractual Laws     
  3.   Land Laws in Haryana 
  4.   Competition Law       
  5.   Brand Protection 
  6.   Cyber Squatting 
  7.   Society Registration
  8.   Intellectual Property    

 

LEGAL ADVISE

Society Formation and Registration

A Society may be registered by seven or more persons for achieving any of the following Objects    

Charitable societies, RWA, For Promotion of science, literature, or the fine arts & knowledge,  the foundation or maintenance of libraries or reading-rooms for general use among the members or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

REQUIREMENTS FOR FORMATION OF SOCIETY

  1. Approval of Name 
  2. Memorandum of Association of Society
  3. By Laws of Society
  4. List of  Founder Members with Address Proof 
  5. Resolution Authorizing the President /Secretary to  file the application for registration of society 

 

LEGAL ADVISE

Trade License

Trade license is required under section 330,331, 335 and 336 of MCG Act for doing any of the following business activities   

  • Any of the purposes specified in PART-I of the Second Schedule of MCG Act ;
  • Any purpose which is, in the opinion of the Commissioner; dangerous of life; in health or property or likely to create a nuisance;
  • Keeping houses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof: or
  • Storing any of the articles specified in Part-II of the Second Schedule except for domestic use of those articles:
  • Licence for hawkers
  • Eating house, lodging house, hotel, boarding house, tea shop, coffee house, café, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
  • Slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place

 

LEGAL ADVISE