Fixing Litigation Complexities

Fixing Litigation Complexities

FIXING LITIGATION COMPLEXITIES

  1. Introduction
  2. Civil Litigation Resolutions
  3. Criminal Litigation Reliefs
  4. Corporate Crimes/Tax Evasion Adjustments
  5. Public Interest Litigations For Neglected Issues
  6. Intellectual Property Preservations
  7. Foreign Investments Routing
  8. Banking Finance Gateways
  9. Sebi Relief
    • Out Of Court Settlements
    • Swift Litigation Relief

 INTRODUCTION:-

The Indian Legal System is a fair and transparent law regime which runs on an antagonistic model. The Indian Constitution is supreme to all the laws of the land and also serves as a basic tenet against which all laws in India are scrutinized and evaluated. While our country has adopted the UK Westminster model of law, the Indian Judiciary is an independent branch and serves as a crucial mechanism in our growing democracy.

The Indian Judicial system is led by the Honourable Supreme Court of India and as per Article 141 of the Indian Constitution, this court acts as a precedent of all the courts and other judicial forums in India. The second layer of the judicial system comprises of Honourable High Courts of India of various states having the jurisdiction over each of their respective states. The last layer of our judicial system comprises of District Courts, which serves their respective districts constituted within the states. However, it is to be noted that the Supreme Court of India and the High Courts of India are also the Constitutional Courts of India and accordingly the constitutional rights through prerogative writs are always protected de hors statutory remedies.

The Indian Judiciary system also constitutes in it specialized Tribunals which have been statutorily constituted for subject-specific disputes. These specialized Tribunals consist of a bunch of technical experts as its members, related to various fields of society.

The Indian legal system is broadly bifurcated into Civil and Criminals Courts. Here the Civil courts decide the civil suits following the provisions contained under Civil Procedure Code, 1908 and Criminal Courts/Session Courts decides the matters related to the criminal offenses following the Criminal Procedure Code, 1973 and Indian Penal Code. The right of due process and natural process is the edifice on which both the kinds of courts are established and gets operated. The Parliaments have recently enacted Commercial Courts, Commercial Divisions and Commercial Appellate Division of High Courts act, 2015 which prescribes a particular procedure and designates certain Commercial Courts to hear commercial disputes of a specific value.

We here at OUT OFF BOX consisting of a team of professionals and which deals in all types of litigations and thereby providing our clienteles with swift disposal of their litigation issues.

  1. CIVIL LITIGATION RESOLUTIONS:

We at OUT OF BOX represent a number of government bodies, companies as well as individual clients with respect to their civil litigation matters.

Our sphere of representation ranges from

  • Supreme Court • High Courts • District Courts • Consumer Disputes Forum (National, State, District) • Central Administrative Tribunal • Telecom Disputes Settlement and Appellate Tribunal • Appellate Tribunal for Electricity • Competition Appellate Tribunal • Company Law Board • Tribunals including Customs and Excise

We represent clients on all types of civil and commercial litigation in all the courts and tribunals in the country. We have our network of civil litigation attorneys around the country and thus our clients do not have to engage local lawyers. We have in our panel of advocates, Advocates on Records (AOR) who can file petitions directly with the Supreme Court.

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
  • Family Law
  • Company Law
  • Service Law
  • Banking and Finance Laws
  • Insolvency
  • Consumer Law
  • Recovery Suit
  • Property Suit
  • Disputes related to Contracts/Agreements
  • Intellectual Property Laws
  • Labour and Employment Laws
  • Tax Laws
  • Environmental Law
  • Health Care Litigation
  • Wills and Probate
  • Enforcement of Decrees,
  • Enforcement of Foreign Decrees,

Our services include-

  • Special Leave Petitions
  • Transfer Petitions
  • Writ petitions
  • Appeals
  • Matrimonial Disputes such as Divorce and Maintenance
  • Matters pertaining to the appointment of Guardian and Custody of children
  • Custody Claims
  • Suits for injunctions
  • Recovery Suits
  • Execution and objections of arbitral awards
  • Consumer Complaints
  • Partition suits
  • Property disputes
  • Proceedings under the Public Premises (Eviction of unauthorized occupants) Act
  • Suits for eviction, mesne profits, and damages
  • Suits for specific performance of the 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
  • Labor disputes
  • Proceedings before the EPF Appellate Tribunal
  • Health care litigation
  • Environment-related cases
  • Petitions before the Company Law Board (CLB) for oppression and mismanagement, winding up, etc.
  • Proceedings under the Monopolistic and Restrictive Trade Practices Act, SICA and BIFR
  • Proceedings before the Debt Recovery Tribunal (DRT)
  • Matters under section 138 of The Negotiable Instruments Act, 1881
  • Real Estate and Construction disputes
  • Proceedings related to telecommunications before Appellate Tribunal under TRAI
  • Summons
  • Legal Notices
  1. CRIMINAL LITIGATION RELIEFS:

We at OUT OFF BOX represent clients on all types of criminal cases across courts and tribunals. We have our network of criminal lawyers around the country and thus our clients do not have to engage local lawyers. We at OUT OFF BOX have in our panel of advocates, Advocates on Records (AOR) who can file petitions directly with the Supreme Court.

Our sphere of representation ranges from

  • Supreme Court
  • High Courts
  • District Courts
  • Specialized Tribunals/Forums

We at OUT OFF BOX cater to the needs of our clients in all areas of criminal litigation and represent them in an array of matters such as-

  • Quashing of FIR
  • Criminal Writs
  • Criminal Complaints
  • Domestic Violence
  • Bank/Financial Institutions Fraud and Forgery
  • Misappropriation of funds
  • Embezzlement
  • Violation of Intellectual Property Rights /Cyber Laws
  • Piracy
  • Dishonor of Cheques
  • Criminal Breach of Trust
  • Cheating
  • FEMA violation
  • Narcotics and Drugs violations
  • Bails
  • Trial
  • Evidence
  • Suspension of Sentence
  • Appeals
  • Revisions
  1. CORPORATE CRIMES/TAX EVASIONS, ADJUSTMENTS :-

With the advent of Globalization and Industrialization taking place at a rapid pace the world over today, we are faced with Crimes of a nature which is becoming institutionalized and hard to detect. Corporate Crimes is a major challenge to the legal fraternity, the law makers, and the law enforcers.

Corporate crimes in a globalized economy have no borders and can affect the economies of countries on a large scale and on a smaller scale can cause huge losses to Corporate houses and bring to halt the functioning of their businesses. Keeping in view the disadvantages brought by the changing economy we at OUT OFF BOX render our expert advice to corporate houses and also leading corporate personalities in mitigation of Corporate Crimes like:

  • Antitrust violations,
  • Computer and internet fraud,
  • Credit card fraud,
  • Phone and telemarketing fraud,
  • Bankruptcy fraud,
  • Healthcare fraud,
  • Environmental law violations,
  • Insurance fraud,
  • Tax evasion,
  • Financial and securities fraud,
  • Insider trading
  • False and misleading advertising,
  • Illegal exploitations of employees,
  • Mislabeling of goods,
  • Violation of weights and measures,
  • Selling adulterated foodstuffs
  • Evading corporate taxes
  • Misappropriation of funds
  • Embezzlement
  • Black marketing,
  • Profiteering and hoarding
  • Workplace crimes
  • Smuggling and violation of foreign exchange
  • Data theft
  1. PUBLIC INTEREST LITIGATIONS FOR NEGLECTED ISSUES:

We, at OUT OFF BOX, represent causes for the public good. A commitment to public service has always been deeply ingrained in our consultancy firm culture. We have always been supporters of The Legal Services Committee in Delhi and similar organizations in other cities, providing both legal services and financial support. Our lawyers have been instrumental in the start-up of organizations created to provide legal services to those in need.

  1. INTELLECTUAL PROPERTY PRESERVATIONS:-

We at OUT OFF BOX realize that Intellectual Property Rights are important in today’s technology-driven age. We are one of the leading intellectual property law consultancy firms in India. Our law consultancy firm specializes in the Intellectual Property (IP) laws in India. Our law consultancy firm provides a variety of Intellectual Property services in the fields of Trademark, Patent, Copyright, Design, Trade Secrets, Geographical Indication, Data Protection, etc. Our law consultancy firm conducts IP due diligence and IP audits for companies going for acquisitions, mergers and joint ventures. The practice areas of our organization broadly include the following:

  • TRADEMARK
  • PATENT
  • COPYRIGHT
  • DESIGN & TRADE SECRETS
  • LICENCING AND FRANCHISING

Top of Form

  1. FOREIGN INVESTMENTS ROUTING:

We are a capital investment consulting firm. We, at OUT OFF BOX, provide out off box assistance to foreign companies for routing entry strategies for investment in India and assisting them through Government regulations and procedures for setting up their operations in India. We assist our clients in complying with the provisions of Foreign Investment Management Act (FEMA) 1999 on routing Foreign Direct Investment (FDI) in India. Our lawyers have in-depth knowledge of international markets and FEMA and have comprehensive experience in cross-border transactions. We provide FDI consulting services to our clients. We have assisted clients such as IREO Management Pvt. Ltd, Nelson Planning and Design Pvt. Ltd, Masonite India in obtaining necessary approvals from concerned authorities such as Foreign Investment Promotion Board (FIPB), Director General of Foreign Trade (DGFT), Department of Industrial Policy & Promotion (DIPP), Secretariat for Industrial Assistance (SIA), and Reserve Bank of India (RBI) etc. We also assist clients in Industrial licensing, Government contracts, transfer of technology and licensing and repatriation. We have advised and assisted clients on routing Foreign Direct Investment (FDI) in the fields of telecommunication, construction, single brand retailing, power, hotel, and tourism etc. We have significant experience in dealing with mergers & acquisitions, private equity, joint venture agreements, international securities, and capital markets transactions. We assist companies in raising capital by way of FCCB’s, ADR/GDR etc. We have advised foreign companies to determine the most appropriate vehicles for their desired investment in India, ranging from establishing a Liaison Office, Branch Office, Representative Office, Joint Venture, Wholly Owned Subsidiary, Holding Companies and Acquisition of an existing company. We also advise on various provisions and procedures relating to imports and exports. We have conducted due diligence and feasibility analysis of probable collaborators for our clients. We draft various agreements such as joint venture agreement, shareholders agreements, share purchase agreements, memorandum and articles of association of joint venture companies for our clients.

  1. BANKING FINANCE GATEWAYS:

We are one of the well-known consultancy firms in India rendering legal services in various aspects of the banking and financial sector. We advise domestic and international financial companies, institutions and banks including non-banking financial companies on securitization laws, securities, derivatives, restructuring, banking and insolvency, asset finance, project finance, and insurance. Our attorneys possess significant experience with legislation and regulations concerning securities, securities transfers, and privacy, including collection, use and disclosure of information in a financial context.

We at OUT OFF BOX advises its clients on provisions under the Banking Regulation Act, 1949 and notifications issued by the RBI. Our Firm also advises clients on the structuring of foreign investments in the banking sector in India including foreign exchange regulations under FEMA.

Services rendered by our Firm in the financial sector include acquisition finance, project finance, legal opinions, drafting escrow, consortium, mortgage, pledge and lien agreements and loan agreements, credit & security documentation. Our Firm also deals in the securitization of assets, cases with respect to the dishonor of cheques, debentures, guarantees and other forms of securities, etc. Our Firm represents Citi Financial Consumer Finance India Ltd., a leading NBFC in India in civil and criminal litigation, consumer matters and arbitration.

Our Firm deals in all matters connected with DRT, ADRT and Securitization Act including drafting of DRT replies, counter-claims, counter-suits, suits, writ petitions, etc.

Our Firm also assists its clients in complying with RBI regulations, company laws, capitalization norms and acquiring required statutory approvals. We also advise them on bank finance, mode of employment, facilitated regulatory clearances and facilitate entry routing and business set-up of various multinational companies.

The insurance sector has also been fast developing. Our Firm deals in insurance and financial institutions regulations. We provide legal advice and representation related to Insurance Laws as well as address insurance and reinsurance coverage issues arising out of a wide variety of claims, including bad faith claims, environmental related claims, construction defect claims, construction bodily injury claims, personal injury claims, employment-related claims, product liability claims, professional liability claims, general liability claims and claims related to storm, fire, water losses, etc. Our Firm’s finance practice represent lenders, underwriters, arrangers, borrowers and other clients in their various roles in financing transactions and provide reasoned and timely advice concerning mergers and acquisitions, leveraged buyouts, tender offer financings, joint ventures, and other credit transactions. We also deal in obtaining licensing and regulatory approvals for unit trusts and investment companies.

  1. SEBI RELIEF:

We at OUT OFF BOX, provides our clients out off box reliefs from any of the SEBI’s stringent issues faced by them. We assure our clients by building a hassle-free environment for them so that they can operate in a conducive environment without any restrictions and hence strive them to achieve their long-term goals and operate without any fright.

  1. OUT OFF BOX SETTLEMENT :-

We at OUT OFF BOX, having a team of experts which assure our clients to resolve their intricate issues throughout off box settlements. Our only focus is to resolve any given regulatory challenge faced by our clients acting as a hindrance for them in moving forward.

  1. SWIFT LITIGATIONS RELIEF:

We at OUT OFF BOX, provides our clients with swift litigation reliefs by covering all the issues being faced by them including regulatory issues. We with our out off box thinking have all the resources and network with us which can assure a swift litigation relief to our privileged clients.

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