Area of Practice |
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Civil Cases |
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We have been serving our clients for more than 40 years. Having vast experience, there is no need to say that we can understand the value of our clients’ time, money and emotions. We help our clients in filling or defending various types of civil suits or litigations. |
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RECOVERY SUITS |
Recovery Suits or Summary Suits help to recover the money from the party under the Order 37 of The Civil Procedure Code. Here a Plaintiff can get a Judgment and Decree from the civil court for his legal dues with interest. The suit can be filed within 3 years from the last transaction between the Parties. The court can order a defendant to pay his legal dues to the plaintiff with interest, if a Plaintiff proves his case. |
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EXECUTION OF DECREE OR AWARD |
Execution as per Order 21 of The Civil Procedure Code is a way to execute the judgment and Decree of the civil court. By executing a decree a Plaintiff is entitled to recover his money from the movable and non movable assets of the defendant. Failure from the defendant’s side may cause to a civil Jail. |
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SUIT RELATING TO SPECIFIC PERFORMANCE |
Specific Reliefs Act is complimentary to provisions of Contract Act and Transfer of Property Act, as the Act applies both to movable and immovable property. The Act applies in cases where Court can order specific performance of a contract or act. As per section 4, specific relief can be granted only for purpose of enforcing individual civil rights and not for the mere purpose of enforcing a civil law. |
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‘Specific performance’ means Court will ask the party to perform his part of agreement, instead of asking him to pay damages to other party. |
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SECURITISATION |
As we know the financial sector is essential to the growth of a nation and this sector has been one of the keys to the India’s efforts to achieve success in rapidly developing its economy. The banking sector has been striving to achieve international standards and is progressively complying with the international prudential norms and standards. Despite all these we have various areas where we don’t enjoy level playing fields with the international banks and one of them has been the threat of NPAs. Prior to 2002 there was no provision for facilitating securitisation of financial assets and the power to take possession of securitised assets and selling them off. This act has come at a boon for the Indian banking industry and at a time when the industry was grappling with bad loans.
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (here-in-after referred to as The Securitisation Act) has been enacted with an intention to strengthen the creditors rights through foreclosure and enforcement of securities by the banks and financial institutions by conferring on the creditors the right to seize the secured asset and sell of the same in order to recover dues promptly by passing the costly and very time consuming legal process through courts. |
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TRANSFER OF PROPERTY |
Transfer of Property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act. |
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Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force. |
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- The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.
- A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.
- An easement cannot be transferred apart from the dominant heritage.
- An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.
- A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.
- A mere right to sue cannot be transferred.
- A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.
- Stipends allowed to military, naval, air-force and civil pensioners of the government and political pensions cannot be transferred.
- No transfer can be made (1) insofar as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee.
- Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.
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Moreover we are always ready to assist our clients by advising on any civil nature case. |
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Real Estate & Title Opinion |
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We advise our clients for the purchase, leasing, sale, mortgage of real estate properties like commercial, industrial, agricultural and residential property. Our team of experts also prepares a legal document and advises our clients on the applicable local and different state laws of India, such as stamp duties and requirements of registration. As an integral part of this area of practice, our team also advises on licensing and regulatory approvals required from government and statutory agencies. |
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The experienced and exponent lawyers also represent our clients in litigation filed against government bodies before various legal forums, in wide range of matters relating to land misuse disputes, land acquisition proceedings, sale of property, leasing matters, house tax issues, and municipal rules and bye laws. |
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- Legal documentation and advice on Sale/Purchase/Lease of Property
- Title opinion and Title Search
- Landlord and Tenant Disputes
- Land Use Regulations
- Mortgage and Finance Agreements
- Building, Development and Construction Contracts
- Projects and retail property transactions
- Real estate investment and development projects
- Property related acquisitions and dispositions
- Property related project finance
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Family Law |
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MATRIMONIAL & FAMILY LAWS |
One of the key areas of law practice of our firm is Matrimonial and Family laws. The issues relating to the matrimonial and family laws are always very sensitive. The experience of our firm works for us. The team of good experienced lawyers takes every case as a personal problem with the professional touch. The firm advises its foreign and domestic clients on all aspects of matrimonial and family laws applicable in India. The firm further actively represents clients before various legal forums including family courts, district courts, High Courts, The Supreme Court in India. |
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- Registration of marriages
- Divorce
- Dowry demand complaint cases
- Domestic violence
- Police protection
- Maintenance
- Restitution of conjugal rights
- Adoption
- Guardianship
- Personal laws
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Trade Marks & Service Mark |
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Trade Mark |
As per the Trade Marks Act, 1999 Trade mark means a mark, that is a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or numeral, shape of goods, packaging or combinations of colors or any combination thereof. It must be used or propose to be used in relation to goods or service, which are the subject of trade or manufacture. The mark must have some size to be a mark at all, but the size required to satisfy the Act cannot be defined.
A Trade Mark is the key element of firm’s image and credibility. It shows the benchmark of quality and builds consumer confidence and increases customer loyalty. The Trade Mark practice of our firm has been responsible for registering various brand names and handles all aspects of trade mark work including clearance searches for new marks, applications for registration, service mark applications, advising on trade mark and passing off litigation, negotiating licenses and agreements. |
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Service Mark |
It is a mark similar to a trademark but applies to services rather than goods. Examples for - Insurance, Banking, Consultancy, Credit Card, Hotel, Real Estate, Transport, Education, Communication, Financing, Chit Funds, Material Treatment, Processing, Supply of electrical or other Energy, Boarding, Lodging, Entertainment, Amusement, Construction, Repair, Conveying of News or information and advertising etc. |
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CONVENTION APPLICATION AND INTERNATIONAL TREATIES |
India is one of the certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person from a convention country may within six months of making an application in his or her home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in his or her home country. Where the applications have been made for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the earlier or earliest of those applications was made. Although the recovery of damages for infringement of a trademark is possible only if the infringement takes place after the date of filing application for registration with the concerned trademark office in India, yet the deemed seniority in making application in home country may entitle the applicant to initiate an action in India for injunction, delivery of impugned labels etc. |
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TERMS OF TRADE MARK |
The terms of trade mark is of 10 (Ten) years from the date of application, however it can be renewed after each 10 year on condition to deposition of renewal fees payable in advance. |
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CONVENTION COUNTRIES FOR TRADE MARK |
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Copyright |
In India Copyright exists to protect literary, artistic, dramatic, musical and other works, including computer programs, photographs, recordings, films and other electronically disseminated information, as well as sculptures and engravings. The team of highly qualified specialists is on hand to direct you through the complexities of registered designs and copyrights and their relationship with patents and trademarks. Many successful consumer products are protected by several types of Intellectual Property. Now in India "Computer Program" can also be registered as copyright. "Computer Program" means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result. |
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Once the copyright is registered it can be owned by author upto life time and also after 60 years of his/her death. |
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Special discounted legal fees for your song, composition, story for the procedure of copyright registration. |
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Design |
MEANING OF DESIGN |
A design of an article may be registered if the feature of shape, configuration, pattern or ornament given to an article by any industrial process or means, whether manual, mechanical or chemical, separate or combine manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judge solely by the eye. The principle or the mode of construction of the article or mere mechanical contrivance cannot be registered as designs. Trade Marks and Trade Names are also excluded from the scope of design. |
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DURATION |
After a design is registered the proprietor of the design is supplied with a certificate of copyright. The copyright is for the period of five years from the date of registration (which is the date of application) which may be further extended for second and third period of five years on payment of prescribed fee on each occasion. Such application should be made before the expire of the original or extended term, i.e. before the copyright in a design ceases. |
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COPYRIGHT IN REGISTERED DESIGNS |
When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. |
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Legal Audit |
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“Prevention is better than cure.” Similarly, Legal Audit can be compared to preventive or defensive laws initiated with generous and judicious prudence and caution to dispense with any litigations arising in future, and consequently may culminate in burning one’s fingers, like getting sued, fined or prosecuted or penalty imposed in avoidable litigations due to deficiencies / lacunae existing in the written documents / agreements / undertakings / statutes / bye laws executed by the individuals, partnerships, Companies, Corporate Undertakings, Banks and Governmental Undertakings and so on, in transgress of the laws and regulations of the Organization / Company / Governmental Enterprises. |
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HOW WE WORK |
Talented experts with specialization in various branches of law interacts, interface and engages in consultations / discussion with the top management of the company and after checking / verifying the papers initially available or provided to them find out the company’s mission, vision, goal and corporate objectives in various parameters of operational activities and find out the legal aspect in the projected growth of the Company in the right perception for successful implementation of its goals / objectives according to the internal Rules and Regulations of the Company itself – as well as in strict adherence to the laws.
We generally follow the following method while conducting a legal audit of a Company / Organization. |
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1. Questionnaire |
The Legal Audit starts with a comprehensive and required Questionnaire to be obtained from the client company. It is vary from company to company as per the purpose of the audit and requirement of law. Sometimes it can be a simple check list / formal agenda for small companies as the case may be. |
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2. Pinpoint |
After completing a comprehensive questionnaire our work is to highlight / pinpoint the adverse impact or consequences, if any for the company for non- compliance of any relevant laws prevailing in the country. |
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3. Suggestions |
Here our clients can observe our expertise to provide all the feasible, practicable and legal suggestions/ key solutions for removing the legal risks / legal lacunae in the documentation / formulation and collaboration of agreements at the time of commencement of a new company or a project. We provide the full support throughout the tenure. |
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4. Implementation |
After providing various practicable and legal suggestions we take care of its implementation at the proper time and place, because we believe all efforts and procedure is just a labor if it does not start at the proper time. The purpose of this is to free our clients from unnecessary litigations and saving avoidable legal expenses for non-compliance of laws or regulations. |
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Last but not least, it is our moral duty to ensure our clients that the confidentiality and secrecy level along with safety of all the documents and information is very high with our firm. We maintain it in a systematic manner which will go a long way in reducing the avoidable litigations and unnecessary legal expenses for contesting the cases. |
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Legal Process Management Services |
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People and Law has dedicated an experienced team of professionals that delivers efficient, competent and cost-effective Legal Process Management Services to foreign law firms including UK, Canadian and US based law firms, legal organizations and other entities. Our foreign outsourcing clients have benefited the most from our rich human resource base to carry out their most crucial legal processing tasks. We take pride in having won the trust and confidence of our foreign counterparts for whom we consistently provide & monitor a strong and reliable complementary ‘Back-office Support Service’.
For our foreign outsourcing law firms we manage legal processing at all levels ranging from data entry services to legal research, legal documentation, electronic filing of documents and corporate advisory services. Our Legal Process Management Services are designed to assist foreign law firms in cutting down both time & costs involved in execution of legal tasks and assignments while maintaining the content quality of advice and overall high standards of legal services. |
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We execute the following legal process operations- |
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- Drafting of Court pleadings
- Drafting of Agreements / Deeds / Conveyancing
- Legal advisory & consultancy services
- Document management services
- Preparation of case law summaries
- Preparation of electronic databases and records
- Intellectual Property Asset Management
- Prior Art Search and Analysis
- Legal research on specific law applicable in different countries
- Preparation & editing of articles & newsletters
- Transcription services
- Data entry services
- Paralegal assistance
- Company secretarial
- Secretarial services to law firms and companies
- Discovery and due diligence
- Litigation and corporate support
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Legal Research |
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We strongly believe that the Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. It includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation.
The processes of legal research vary according to the country and the legal system involved. However, legal research generally involves tasks such as:
1) finding primary sources of law, or primary authority, in a given jurisdiction (cases, statutes, regulations, etc.)
2) searching secondary authority for background information about a legal topic
3) searching non-legal sources for investigative or supporting information.
Currently we provide our following service to the world for the laws of Indian sub continent. |
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E-Discovery |
Litigation is expensive, regardless of the amount at stake and the complexity of the issues and parties. Whether you are a plaintiff or a defendant, we can help – especially when the stakes are high. Our e-Discovery teams in India consist exclusively of lawyers who are trained in managing and analyzing documents in complex cases. Our e-Discovery teams can help with the following: |
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- Objective document coding;
- Document Coding for issues and subjective criteria;
- Document Review for privilege and/or confidentiality;
- Creating privilege logs for court use;
- Conducting targeted, issue-specific searches of the document database;
- Assisting counsel and expert witnesses in building an evidentiary database.
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If you would like us to assemble a team of e-Discovery attorneys who are specifically trained for your project and who can think through the issues as they work, simply email us at info@peoplenlaw.com
The stakes are high, but our rates are low. Our quality is impeccable. |
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Litigation Support |
We have a good team in India, who can perform complete US litigation support for law firms and legal department. Our team can research and draft everything from simple, objective, single-issue, convoluted facts and issues of first impression. |
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Corporate and Transactional |
Legal Support Services |
We have a dedicated team of corporate and transactional attorneys ready to assist your legal department with contract review and drafting, general litigation support, multi-jurisdictional research and surveys, legal memos, policy review, and many other legal support functions. we provide extra support for your team through our broad range of legal services. |
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India Law Services |
Whether you want to set up your own operation in India or find an appropriate partner for an offshoring function, We can be your guide. We know India, and we understand India, from the simple cost savings to the complexities of doing business. We are your ultimate insider into doing business in India.
Our team will work with your team to understand what you want to send offshore and to help determine whether you want your own operation or a partnership with an appropriate provider. We then analyze the possibilities, make recommendations, and help you execute.
Perhaps you have a legal issue in India, such as a land transaction or a contract dispute. Our team in India can help guide you and can locate local counsel as necessary. |
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Projects |
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We provide complete legal advice on complete Project logistics from the beginning of the Project to its launch, implementation and management. It renders legal consultancy & documentation services to its clients on aspects ranging from corporate and finance to commercial, regulatory and dispute resolution advice. Our practice in the Projects sector draws on the combined skills of lawyers and industry experts who understand not only the legal but also the commercial issues that challenge our clients’ business objectives.
Our team advises foreign clients on projects ranging from launch of products and services for marketing in India to almost every aspect. One of our key strengths is our experience in and knowledge of all fields.
The areas where we can help our clients for their projects |
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- Import, marketing & distribution of products
- Building, construction & engineering agreements
- Regulatory approvals & compliances
- Project Finance
- Procurement contracts
- Consultancy agreements
- Industrial projects
- Real estate projects
- Technology contracts
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