Consumer Rights And Their Protection In today’s dynamic world of technology when online retail has crossed all barriers of distance, consumers are procuring goods from retailers in India as well as abroad. However, the dispute resolution mechanism requires a lot of clarity in the public at large. The clients being the consumers have a remedy of approaching the specialised tribunal i.e. Consumer Disputes Redressal Forum for redressal of their grievances.
We represent such clients from the level of district forum, state forum as well as National Consumer Disputes Redressal Commission, New Delhi and Supreme Court.
Corporate Litigation We handle the entire ambit of legal matters both corporate agreements as well as litigation for and on behalf of our clients. We facilitate the remedies for recovery of admitted debts through winding up petitions, suits for the performance of agreements, mergers, amalgamations, de-mergers and compliances with the Registrar of Companies. We also advise start-up with respect to the type of legal entity, its incorporation depending upon the kind of business, services and extent of operations.
Civil Litigation We advise our clients for the various remedies available for the recovery of their dues, specific performance of agreements/contracts entered by them for business or personal matters. We handle civil suits for recovery, litigation in Debt recovery tribunal, service matters, writs challenging the vires of an Act, writ for mandamus, writ for directions to authorities to take action against defaulters. We also handle mediation including pre-litigation mediation and arbitration matters for our clients.
We advise the start-up entrepreneurs on the aspects of incorporation, setting up business, legal entity, funding, employment agreements, non-disclosure, non- compete and confidentiality clauses and agreements as well as any other tripartite or third party agreement. We advise them on the various policies and benefits accorded to them by the Government and the parameters for availing the same.
The partners of Knowledgentia Consultants are registered with the Government of India as start-up facilitators for the Intellectual property registration. We are actively involved with start-ups in giving them continuous legal support and advisory for all matters.
Setting Up A Business In India India being one of the fastest growing economies has various kinds of business structures which can be adopted by an entrepreneur. The choice of the business entity is dependent on various factors such as kind of business, taxation, owner liability, compliance burden, investment, funding and exit strategy. A business can be organised in multiple forms to choose from including:
Sole Proprietorship Partnership One Person Company (OPC) Private Limited Company Public Limited Company Limited Liability Partnership NGO or Non-Profit Company We deal with the entire legal parlance of setting up business in India. We are known for combining creative solutions with pragmatism and a friendly approach, we believe that the key being the relationship between the lawyer and client. We work hard to provide services to our clients in order to achieve the best possible outcome. We possess the right mix of legal skills, experience and approach to handle and advise clients.
Statutory Law Compliance We advise both our domestic clientele as well as our foreign clients about the various statutory and regulatory compliances and also facilitate the filing of returns, filing of documents, review and analysis which are dependent upon the kind of business venture, jurisdictions, the extent of business activities as well as the type of legal entity.
RERA Compliance Real Estate is an arena requiring management procedures that are often complex, owing to the multiple types of properties, contracts, trades and areas of law involved, we are writing to specifically communicate the terms of our performance in terms of providing one stop window for all legal exigencies that might arise in the course of everyday business. We shall be taking complete responsibility for all legal matters of your company starting from conducting the audit to ensuring all compliances under the Real Estate (Regulation and Development Act), 2016 which has been notified on May 1, 2017 and handling litigation as follows:-
Conducting Audit and advising with respect to the compliance of the new law; Drafting of lease deed, agreement to sale, sale deeds, conveyance deed and other legal documents; Ensuring Compliance including obtaining the Commencement certificate, completion certificate, occupancy certificate and approval for “sanctioned plan” which mean the site plan, building plan, service plan, parking and circulation plan, landscape plan, layout plan, zoning plan and plan of development works to be executed in the proposed project;
Registration under Real Estate Regulatory Authority and all necessary environment and pollution compliances;
Drafting of replies to customer grievances, compromise deeds, affidavits and undertakings; Dealing of land/revenue matters;
Handling of all complaints and litigations filed before various judicial authorities and courts at tricity and New Delhi against the company;
Regular updating the progress on various matters;
Handling matters before Supreme Court, High Court, District Courts, Consumer commission/Forums, Real Estate Regulatory Authority , Appellate Tribunal at all levels.
Tariff-Free Global Trade and Madrid Protocol Start dreaming about the exponential growth of your business, because more and more countries are showing a keen interest in Tariff Free global trade. It will bring down the paperwork for international players, and local players too can expand their wings in the international market because of the removal of entry barriers.
Madrid Protocol With every opportunity come a severe threat; the entry of a company in a global Tariff-free environment exposes them to international copyright laws. In order to secure an international identity for your brand names and business, you can take the support of the Madrid protocol. The legal definition of Madrid protocol can be associated with the Madrid treaty. Madrid protocol is a moniker given to the resolution passed under the Madrid Treaty. According to the Madrid protocol, any trader or a multinational company can register a trademark in any of the member countries with the help of a single application and single window clearance. Rest of the procedures associated with the Madrid protocol is in compliances with the international norms. It is a misconception that the Madrid protocol is soft law. It is a binding law by all the possible standards. Right now most of the business owners are not paying attention to the Madrid protocol because their businesses are confined to certain areas. Many countries that have signed the Madrid protocol are still in the process of signing free trade agreements with each other. Right now, many business owners feel that, by registering in the Madrid protocol, they are only joining a cartel of countries.
Knowledgentia as Your Legal Arm! Madrid protocol has certainly emerged as a hot topic in their listing as well. According to the experts the arrival of technologies like cloud computing has created a boost in the demand for Madrid protocol registration. Madrid protocol Registration has become an entry point for many online business owners. If you wish to check the status of your business and trademarks in accordance with the Madrid protocol then consult us, at KNOWLEDGENTIA. We are an international legal aid provider. We keep an eye on the international issues. It is very essential for business owners to figure out an international identity for new businesses trying to make an entry in the international market. Registration in the Madrid protocol creates a trustworthy identity for them. On a theoretical level, it seems easy that anyone can register his trademark or idea in the Madrid protocol under a single window. However, it is easier said than done, because Madrid protocol registration demands immaculate paperwork from your side. Ours is an international legal firm, KNOWLEDGENTIA; we are well versed in the procurement of standard international language, and this is why, we can cut down your efforts quite considerably when you will apply for a Madrid protocol registration.
Think about the future of trading when your business will get this opportunity to compete in the world market. Trademark registration is a necessary condition, and a registration under the Madrid protocol can serve your purpose well. Over the years, Madrid protocol has earned a fair reputation for itself, and this is why, your association with Madrid protocol adds additional credibility in your status in the international market.
Divorce Lawyers – Save the Aftermath! It brings with it some litigation when matrimonial disputes arise between marriage parties. It includes both civil and criminal litigation, including civil law, custody law, dowry prohibition laws, domestic violation laws, property issues, etc. It is a ghastly task to get a divorce in India.
Taboos about Divorce In India, marriages are considered a relationship between two families, and this relationship is being broken by a divorce. It is associated with a lot of taboos accompanied by enormous societal pressure. It is very necessary to get a solicitor, who is responsive to the case, and someone, who can be fully trusted with the specifics for the whole process to be carried out smoothly. Consulting an accomplished divorce lawyer from our legal agency is the best way to achieve peace of mind in coping with family disputes, child custody, alimony and joint separation or contested divorce proceedings.
Stey by step procedure to file for a Divorce in India Divorce in India is granted by 2 different processes:
Either by Mutual Consent Or a Contested Divorce 1. Mutual Divorce About the Divorce Taken by Mutual Consent:
As per the Hindu Marriage Act (1955), spouses, the husband as well as the wife are given the rights of getting their marriages dissolved by a decree of divorce, which could be taken on more than 1 ground, especially enumerated in the Section-13. Also, the Special Marriage Act (1954)-Section 28 and Divorce Act (1869) – Section 10A is even providing for this divorce taken by mutual consent.
Conditions Needed under the Hindu Marriage Act (Section 13B) for a Divorce by Mutual Consent:
Both the spouses are in a marriage separation and living separately for 1 year or more than that That both the husband and the wife are no longer able to live with each other And that both the spouses have agreed mutually that their marriage has finally and totally collapsed; and thus it should be dissolved Under the above mentioned circumstances, a Mutual Divorce can be filed. Also, as per the Indian Legal system, the divorce procedure starts fundamentally by filing the divorce petition.
Procedure for a Mutual Divorce in India 1. First of all, the petition to file for the mutual divorce 2. Then, appearing before the Court of law; where inspection of the petition will take place 3. Passing of the orders for the recording of the statements over an oath 4. Then, the 1st Motion is passed, and after that, a period of six months is given before the 2nd Motion 5. 2nd Motion and then the Final and last Hearing of the petition 2. Contested Divorce In India, in a contested divorce, the husband and the wife are not able to come to a common agreement on certain issues like child custody and/or division of the marital assets etc. so, under these circumstances, when the husband and wife cannot agree on certain aspects related to their marriage or now divorce, they then hire some divorce mediator to go before the court so that the court makes the final judgement on all these issues where negotiation was not happening.
Procedure for Getting a Contested Divorce in India As this name clearly suggests, either of the spouses will have to contest for it, if he/she needs to file a divorce. A contested divorce is filed when one of the spouses (either the husband or the wife) decides to take the divorce without the consent of the other party. The petition for a contested divorce is filed in a court through a divorce lawyer, and then the court will send the divorce notice to the other party/spouse.
Land Dispute Lawyers A “land dispute” usually involves more than one conflicting claims to the right in a particular land by 2 or more than 2 parties, which are focused on that particular land; and that could be addressed within the existing legal framework. Indian Constitution originally provides the right to property (that includes land) under the Articles 19 & 31; wherein, the Article 19 guaranteed that all of the citizens possess the right to acquire, hold & dispose of any property; and the Article 31 stated that no person is deprived of his property save by the authority of law. Nevertheless, these land laws are usually exploited by many illegal possessors and/or squatters for illegally acquiring a piece of land, specifically in cases where NRIs (owners of the property) are involved, and who are not present in India. Let us see some of the ways by which illegal possession is done by many squatters. There are mainly 2 ways: Illegal possession using fake documents Illegal possession by tenant occupation Some Ways by Which You Can Protect Your Property from Any Illegal Possession
Bona Fide documents Deed Mutation Jamabadis Copy of the will(s) Telephone and/or water bills Original purchase agreement(s)
Post-Purchase Formalities Firstly, getting all the records of the revenue in your name particularly Then issuing of the public notice about your property acquisition in any local newspaper After that, getting all of the genuine certifications from all revenue & registration offices Finally, paying all the taxes related to those concerned authorities
Steps to consider, other than the legal post-purchase formalities
Try to always stay in touch with your neighbours of that owned property as they can help you in giving information in case any activities takes place on your property. Try to pay regular visits to your property. If you are an NRI, you can tell someone from your family to go and pay visits to your property or you do so yourself every time you come to the country.
You can also build a boundary on your property in case it is on an empty land. If needed, you can even take the assistance of some property management firm like ours that can take care of all your legal property matters Some Common Types of Land Disputes in India
Touch-Base with the Top Property Dispute Lawyers for Obtaining an Authorized Succession Certificate!
In today’s difficult global economic slowdown and the so-called recession period, the biggest lifesaver for any individual and or financial investor lies in creating or preserving wealth in the form of any immovable asset(s) or investment in real estate. Whilst this is a statement in itself, the situation related to property matters is all the more vulnerable with innumerable and unexpected challenges. Whether you have a legal dispute relating to your ancestral property, or taking head-on the challenges of a property issue, or finding yourself amidst the darkest clouds of legal disputes related to any property, you are always seeking the much-needed legal support in the form of well-qualified property dispute lawyers to extend a helping hand to your situation.
Problems Faced In Family Property Dispute You can be tasked by any one of the situations as below:
Possession and or partition dispute Intestate succession of property matter Transfer of any immovable asset(s) Property disputes arising out of relationship issues Devolution of immovable asset by means of a will Devolution of immovable asset without a legendary will in place Partnership claims over immovable property If yes, then certainly the services of expert paralegals and property dispute lawyers are much sought after to help you present your case in the most appropriate manner only to turn the tables round in your favor.
Problem Case Succession of Immovable Property after Death without Will – The Most Troublesome Dispute!
Out of the situations from the above, the one most commonly prevalent issue is to date is related to succession of property after the death of the owner who has failed to sign-off a Last Will and Testament.
The Process Some preliminary steps to follow in order to obtain a succession certificate are as follows:
Step 1: You need to file a written petition thoroughly verified and signed by you, and paying the necessary court fee for the same with the offices of your nearest honorable district court in whose jurisdiction the property is registered with. Step 2: Your petition will be reviewed by the district magistrate, and he will issue a date of hearing as well as send notices to all the stakeholders or probable claimants as determined and deemed appropriate by him. Step 3: It is only after hearing from all the stakeholders in the property that the magistrate issue a certificate of succession after all the necessary legal paperwork regarding the same property and stakeholders has been submitted and found to be satisfactory. Step 4: The district magistrate holds the powers to ask for any sureties or security deposits that he may deem appropriate to ensure that there will be no loss to anybody whatsoever on account of misuse of the said property. How Can KC Help in Property Disputes If you are still in doubt or having trouble getting your claims realized on any property, or still don’t know how to obtain a succession certificate, you can very much trust the services of Knowledgentia Consultants, which has a team of expert property dispute lawyers.
Scaling up your business in India is not an easy task; you always need a team to go for the exercise of change management. While going for this exercise of change management, they often forget about one aspect of the change, which is the Indian corporate law service. When a business scales up, it makes an entry in the corporate sector, which is very formal and strict in nature. Most of the corporate law service providers know the fact that it is a different ball-game where the best quality of skills is needed.
The History of Indian Corporate Law Service (ICLS) Indian Corporate Law Service (ICLS) had been established in the year 1967 for effectively implementing and administrating the Companies’ Act. Initially, this service has been named as the Company-Law-Service. In the year 2002, this service was started to be names as the Indian-Company-Law-Service. Later on, it was once again renamed as ICLS, i.e. the Indian Corporate Law Service, and this happened in the year 2008 when the recruitment for ICLS was brought under UPSC CSE’s ambit. Until the year 2004, this service used to function under the Finance Ministry; but since that time, it has been functioning under the Corporate Affairs Ministry.
Key Functions of an ICLS Officer One of the main functions of an ICLS officer is the administration of the Companies’ Act, the LLP Act and also such other related acts. As RoC, or the Registrar of Companies, an ICLS officer registers the companies as well as the partnerships that are floated. It is his/her duty of ensuring all the companies to file the annual returns as well as balance sheets, and all other required and mandatory documents. The Registrar of Companies can even execute an investigation as well as initiate the prosecution against any criminal and/or civil offences related to this. As OL or Official Liquidator, an ICLS officer is always responsible for liquidating the companies as per the orders from the court. He/she is responsible for handling the assets of companies, recover their debt (s), sell the assets of the companies through public auctions, claims of settle creditors, etc. As RD or Regional Director, an ICLS officer is the head of the Regional Directorate. The Regional Director happens to be the most senior ICLS officer in his/her region, there being total 7 RDs or Regional Directorates in the country. An RD or a Regional Director supervises the work of the Registrars of Companies (RoCs) and the Official Liquidators (OLs). A Place Full of Bad Fishes Surviving in the Pond of Good Faith Most of the Indian corporate law service providers are aware of the fact that corporate corridors are like a pond of good faith where big deals take place within no time and players abide by an unwritten code of conduct. Check it out with corporate law service providers, and ask them about a synoptic view of the events. Indian corporate law service providers will give you this idea that a number of corporate frauds are minimal when we compare them with the transactions that are taking place. You can avail the services of the best corporate law service providers, KNOWLEDGENTIA CONSULTANTS! You can avail our services because the stakes are bigger this time and the defaulters can plan a crime or deceit at a much bigger level.
The Concept of Quantum of Punishment The readings made by the Indian corporate law service gives this idea that most of the corporate frauds follow a simple modus operandi where they judge the quantum of punishment in comparison with the fruits of the sin that they are going to earn from the endeavor. This is why, it is important for any company to take the services of a sensible corporate law service provider at an early stage. We should never forget the fact that the wheel of fortune often passes through the slump of the misfortune, sometimes the strategies drawn by an Indian corporate law service can save you during this slump by safeguarding your interests in a world, which is far more sophisticated and values the finest of the detailing while going for a paperwork. The modus operands associated with the “quantum of the punishment” commands a dictum where a culprit goes for a crime because he knows that even in the worst case, the punishment given to him will be negligible in comparison with the booty.
NRIs, with the legal battles forced on them, can seek help from “Indian Legal Service” experts. Rapid globalization has led to an increased number of litigations in the Indian domain as well; where NRIs and foreign nationals are exposed to many inadvertent legal challenges. Thus, to mitigate these legal challenges faced by the NRIs and foreign nationals in order to encourage foreign trade, the law ministry has come up with a legal framework in the form of Indian Legal Service. On the directions of the National Legal Service Authority of India, and being under the umbrella of the law ministry, you can expect the best legal advice from our top-notch legal service providers in India. ‘Indian Legal Service’ has opened its limits for help to NRIs struggling legal battles. With rapid globalization, the number of legal challenges and litigations for NRIs has increased massively. Thus to encourage foreign trade, the mitigation of these legal issues for the NRIs has structured a Legal framework as Indian Legal Service. Legal Service Under the policy of Legal Services, the following services are duly covered, along with other services rendered by most attorneys in modern law: An attorney or notary public. An arbitrator or mediator. Seek the Best Brains for All Your Legal Hassles The conceptualization of Indian Legal Service came into existence to entice the best legal brains and to train their guns on legal matters on behalf of the Indian Government. The core group of Indian Legal Service experts possesses the necessary knowledge and tremendous exposure to the Indian legal system and the laws, rules, and regulations that fall under the Indian Penal Code. This main objective behind the formulation of Indian Legal Service is to render legal advice to both the state governments and also to the central government in all sort of legal matters related to national interests.
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