Sunday, 11 May 2014

INDIAN ARBITRATION SERVICES LAW FIRMS IN DELHI INDIA


We advised on  arbitration diligently and settle the disputes with proper documentation so that the clients get worthy judgment. we have all the knowledge to deal with typical cases of arbitration and mediation in India.

Our Advise on :
- Negotiating in the best possible manner
- Conciliating the issues and dispute reasons
- Preparation and putting the disputed case before arbitrator
- Domestic and International Arbitration
- Enforcement of Award

DEBT COLLECTION-RECOVERY SUIT LAW FIRMS IN DELHI INDIA


The attorneys of firm are regularly filing the money recovery suit against the creditors. The attorney of the firm have already filed huge recovery suit before the district court and high court on behalf of individuals, Companies and financial institution to recover there debt etc. the law firm attorney are use to file the recovery suit on two modes.

(1)    Simple recovery in case where there are no contract or agreement.

(2)    (2) the attorney firm used to file order xxxvii CPC for recovery of money /debt in the cases where there are any written contract, dishonored, cheque ,bill of exchange,hundies and promissory notes, in which the parties/client seeks only to recover a debt or liquidated demand in money payable by the opposite party/defendant with or without interest, arising.

(3) the attorney of the firm also file on the basis of on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of debt other than a penalty.

(4) The law firm attorneys also used to file on the basis on a guarantee, where the claim against the principal is in respect of debt or liquidated demand only.

The order xxxvii CPC is a very good and fast procedure for recovery of the debt. If there is a any written contract between the parties.

The attorney of the firm or succeed/recovered so many client, debt through this procedure as quick and fast and there are very happy. For the banks, financial institution and companies and for the general public. This procedure are very helpful recover there money.


The attorney of the firm are regularly handling so many cases for recovery of money .suit and the attorney of the firm have filed so many cases on behalf of there clients in Kolkata ,Simla,chandigarh deheradoon, etc.

COMPANY FORMATION/REGISTRATION LEGAL SERVICES IN INDIA

The laws relating to registration of a limited liability company in India  is contained in Companies ACt, 1956. 

Registrars of Companies (ROC), appointed under Section 609 of the Companies Act, by the Ministry of Corporate Affairs (MCA), is vested with the primary duty of registering companies and of ensuring that such companies comply with statutory requirements under the Act. A company can be registered with the ROC of the state under whose jurisdiction the proposed company’s registered office will be situated.

Registration Requirements
A Private Limited Company must have a Paid-up capital of INR 100,000 and a Public Limited Company must have a paid-up capital of INR 500,000. A Private Limited Company must have a minimum of two directors and two shareholders and Public Limited Company must have a minimum of three directors and seven shareholders.

The directors must have a valid Director Identification Number (DIN), allotted by the Ministry of Corporate Affairs. DIN is a unique identification number for an existing director or a person intending to become a director of a company. As per a recent amenedment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. Application for the allotment of Director Identification Number (DIN) can be obtained online on MCA’s website. Duly completed DIN Application Form must be mailed to MCA DIN Cell, along with a proof of identity and a proof of residence with colored photo. The photo affixed on the form and the proofs attached must be certified by a Public Notary or Gazetted Officer or any certified professionals. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.



Preparation of Documents



After obtaining name approval from the ROC the following documents must be prepared to incorporate the company

Memorandum of Association (MOA)
Articles of Association (AOA)
Form 1 – providing details of promoters of the company
Form 18 – providing details of registered office of the company
Form 32 – providing details Directors of the company
The Memorandum of Association is a document that sets out the constitution of the company. It contains, amongst others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.

The Articles of Association contain the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors.

Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.



Submission of Documents.



Submit the following documents to the ROC with the filing fee and the registration fee:

The stamped and signed Memorandum and Articles of Association (3 copies).
Form-1, 18 & 32 in duplicate.
Any agreement referred to in the Memorandum & Articles.
Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.
Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company
Name availability letter issued by the ROC.

Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar

INTELLECTUAL PROPERTY RIGHT PROTECTION LAW FIRM SERVICES IN DELHI INDIA


The firm’s intellectual property expertise includes trademark design and copyright law and handling related litigation against infringement of all such rights, including drafting patent specifications, preparing and filing Indian and foreign applications and all related work. The firm also advises on licensing, transfer of intellectual property and software developing licensing. The Patent & Traemark attorneys help each Client identify, evaluate, protect, and exploit the Client’s IP for the maximum financial benefit. The Patent & Trademark Attorneys provides guidance in all phases of IP planning, including the formulation of initial plans, the securing of rights, and the creation and execution of business strategies e.g., licensing, joint development, outright sale, etc.). The Patent & Trademark Attorney practice also includes the prosecution and enforcement of the Client’s IP rights. The Patent & Trademark  attorneys collectively have years of IP litigation and dispute resolution experience.

Patent & Trademark Attorney works with clients to protect their trade secrets and intellectual property. The firm’s lawyers draft licensing agreements and trade secret/non-disclosure agreements. The firm litigates, often on an emergency basis, trade secret, trademark, and copyright issues on behalf of both employers and employees


BUSINESS LITIGATION SERVICES LAW FIRM IN DELH INDIA

Commercial Business Litigation Meaning:

As per the Law ,” One Company takes legal action against another.”

Commercial Litigation is a general terms that applies to any types of litigation or controversy related to business issues like:-

Disputes Can be settle between the companies through the Arbitrator if any clauses insert into the agreement.
If any breach of Contract.
Business Bill non payment disputes.
Letter of Credit issues.
Business or commercial money recovery suit.
Employee & Employer disputes.
Industrial disputes.
Fraud and deceptive trade Practices.
Securities Law Violation.
Agreement Limiting competition.
Agreement / Contract Violation disputes.
Traders breach of Contract Violation.
Damages Suit due to quality or non performance  or due to loss.

and all the issues related to one company to another.

CHEQUE DISHONOUR CASES LAWYERS IN DELHI.

A Cheque bounce case


normally takes an average of one year to complete the proceedings before trial court. The following are the important stages in a cheque bounce case.

1) Filing of complaint: The complaint need to be filed before the jurisdictional magistrate within 30 days from the accrual of the cause of action. The complainant need to be present before the magistrate at the time of filing. The original documents need to be shown to the magistrate.

If prima-facie a case is made out, the magistrate will post the matter for sworn statement.

2) Sworn Statement: At this stage, the complainant needs to enter the witness box and give further details regarding the case. If the magistrate is satisfied that there is some substance in the case of the complainant, then he will issue a summons to the accused.

3) Appearance of Accused: On receipt of summons, the accused need to appear in the court. If he does not appear in the court, the court will issue an arrest warrant against him. After appearance, the accused is supposed to take a bail from the court with or without sureties. If the accused is unable to furnish a surety then he can deposit a cash security, instead of surety. This cash security is refundable to the accused after the conclusion of the case.

4) Recording of Plea: In the next stage, the court will ask the accused as to whether he has committed the offence or not. If the accused admits the guilt, the court will immediately give him punishment. If he pleads innocence, the court will post the matter for evidence.

5) Evidence: The Complainant has to furnish his evidence, normally by way of affidavit; this is known as examination-in-chief. He needs to produce all documents in support of his case like bounced cheque, dishonor memo, copy of notice etc. Later complainant will be cross examined by the accused. If there are other witnesses in support of the complainant, then their evidence also has to be recorded.

6) Statement of the Accused: After the Complainant side evidence is over, the court will put some questions to the accused regarding his guilt. An accused needs to give his version to the same.

7) Defense Evidence: After the Accused statement the court will give an opportunity to the accused to leave his evidence. The accused can also produce documents in support of his case, as well as witnesses in his support. Accused and his witnesses will be cross examined by the complainant. After this, the case is posted for arguments.

Arguments: Both the Complainant and the accused will submit their arguments before the court. They can also furnish judgments of high courts and Supreme Court in support of their case. Normally a written argument containing a gist of the oral argument is also furnished to the court.


9) Judgment: After the arguments, case is posted for judgment. If the court finds that the accused has committed offence, he will be punished with fine or imprisonment. If he is innocent, the court will acquit him. If accused is convicted, then he needs to suspend his sentence, for a period of 30 days with in which time, he can file an appeal before the sessions court.

DRAFTING AND VETTING OF CONTRACT & LITIGATION LEGAL SERVICES IN DELHI



We are engaged in undertaking Drafting & Vetting of Contract for our clients. Due to the support of our legal experts, we are able to draft different kinds of agreements. As we are conscious about safeguarding the interest of our clients, while drafting the agreements therefore we have appointed experienced lawyers.

Our expertise lies in drafting following agreements:

Non-Disclosure Agreements
Vendor Contracts
Supply Agreements
Software License Agreements
Telecom Services Agreements
Internet, Advertising and Media Agreements
Office Lease
Non disclosure agreement is a contract between two parties, which focuses on confidential material, knowledge or information that the parties wish to share with each other for certain purposes, but wish to restrict access to the third parties. In this contract, the parties mutually agree not to disclose information present in the agreement. The agreement forms a confidential relationship between the parties and ensures complete protection of any type of confidential and proprietary information or trade secrets. Apart from this, NDA protects non-public business information. NDAs are usually implemented when two interested parties plan to do business and required to understand the process used in each other businesses for the purpose of reviewing the potential business relationship.

Contract and Agreement Litigation:


We handling Legal Affairs, Litigation Matters, Legal Documentation and Liaison Work. Deftness in resolving cases under both Civil & Criminal Laws of India. Astute in drafting Agreements, Contract, Legal Notices etc also. Proficient in drafting Agreements, Contract, Legal Notices, Show Cause Notices, Written Statements, Appeals, Case Papers, Affidavits, etc.