NRI LEGAL AND ESTATE SOLUTIONS

Indian businesses are increasingly recognizing mergers and acquisitions as crucial tools of business strategy for significant growth. At NRILAES, we understand the complexities of this field and are dedicated to providing effective solutions. Mergers and acquisitions involve the purchase of one business entity by another, the consolidation of two entities into a single entity, or demergers that involve dividing a single entity into two or more entities. This competitive and extensive field is often utilized to eliminate competition in the economic arena. The legal framework governing mergers and acquisitions in India includes various laws such as the Companies Act 2013, the Competition Act 2002, the Indian Stamp Act 1899, the Insolvency and Bankruptcy Code 2016, and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.

We understand the sensitivity and impact of such cases. Given our legal legacy of more than three decades, our experts can effectively assist in this common field of litigation. These disputes pertain to marriages and the ancillary topics, i.e., divorce petitions, mutual or otherwise, enforcement of divorce settlement agreements, maintenance proceedings, child custody, protection orders, domestic violence, and the validity and cancellation of ante-nuptial contracts. It further covers the declaration of legitimacy and illegitimacy of children born to or adopted by their parents. Matrimonial disputes have a larger societal impact even though they are personal.

It is an emerging field of law that deals with legal issues involving acts and omissions of sportsmen and coaches, and disputes involving players, teams, managers, and associates. It is interlinked with contract law, intellectual property law, the law of torts, and the personal obedience arena. It includes 1.Sports Sponsors, 2.Merchandising, 3.Labour Laws, 4.Sexual harassment of female players, 5.Personal Torts, 6.Wrongful suspension of sportspersons and 7.Violation of a settled code of conduct

The body of law deals with punishment for a crime A crime may be committed against an individual or the entire society. Acts such as the Indian Penal Code 1860, the Criminal Procedure Code 1973, the Arms Act 1859, and the Narcotic Drugs and Psychotropic Substances Act 1985, etc. are some Acts that deal with criminal laws in India. Clients can opt for services such as the drafting of a complaint u/s 200 CrPC, defence evidence, exemption applications, arguments during discharge and charge framing before the Court of Sessions or Magistrate, or final arguments after the termination of the trial, an appellate petition, a revision petition, anticipatory bail, regular bail, the quashing of an FIR and a complaint u/s 482 CrPC, suspension of sentence, etc.

The primary objective of the Debt Recovery Tribunal (DRT) is to recover funds from borrowers that are owed to banks and financial institutions. The tribunal's authority is limited to resolving cases concerning the recovery of outstanding amounts from non-performing assets, as identified by the banks in accordance with the guidelines established by the Reserve Bank of India. The tribunal possesses all the powers held by a District Court and is supported by a recovery officer who assists in executing recovery certificates issued by the presiding officers. The DRT is committed to following legal procedures and expediting the resolution of cases and the implementation of final orders. The legal framework governing DRT matters includes the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act), the Securitization and Reconstruction of Financial Assets, and Enforcement of Security Interest Act, 2002 (SARFAESI Act). At NRILAES, we strive to ensure prompt and efficient resolution and adjudication of DRT matters.

It is a mode of alternative dispute resolution. Arbitration is a consensual process that is affirmed by both parties. We at NRILAES aim for transparency, quality, neutrality, and confidentiality in such commercial matters. The parties get to choose the arbitrators. It is a neutral and confidential procedure. The decision is pronounced by the arbitral tribunal, it is easier to enforce. This ADR mechanism was incorporated to reduce the burden on the courts and to settle disputes quickly and speedily. The Arbitration and Conciliation Act of 1996 deals with arbitration proceedings. Broadly, it entails financial disputes, property disputes, and damages payable for breach of contract, tender matters, etc.

With the implementation of the Insolvency and Bankruptcy Code 2016 and the establishment of the National Company Law Tribunal (NCLT), the integration between the Companies Act 2013 and the Insolvency and Bankruptcy Code 2016 has become more convenient and efficient due to the expeditious disposal of cases. The former Company Law Board has been abolished, and the NCLT, a quasi-judicial authority, was created under the Companies Act, 2013 to manage corporate civil disputes arising under the Act. The National Company Law Tribunal is responsible for administering the powers and procedures outlined in the Companies Act 2013. Our company provides consultation, advice, and real-time court assistance for the above-mentioned claims and cases.

The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial commission in India that was established in 1988 under the Consumer Protection Act of 1986. At NRILAES, we strive to provide a comprehensive and transparent solution to consumer disputes. The Consumer Protection Act of 2019 mandates the formation of consumer protection councils at the center, state, and district levels to promote consumer awareness. The Consumer Protection Act offers an additional remedy to consumers beyond civil suits. The pecuniary jurisdiction limit for the district commission is now up to Rs. 1,00,000; for the state commission, up to Rs. 10,00,000; and for the national commission, above Rs. 10,00,000.

Our solicitors specializing in education law possess extensive expertise and knowledge in this field and can provide guidance, assistance, and representation on various education-related disputes. This includes assisting with writ petitions under Article 226 before the Hon’ble High Court or under Article 32 before the Hon’ble Supreme Court, as well as drafting written representations to relevant authorities. These disputes may involve issues related to suspension, expulsion, illegal admission, reservation, biased actions or inactions, and other related concerns.

Contractual disputes typically arise when a party does not comply with the terms of a contract or does not perform their side of the obligations under a contract. Given our legal legacy of more than three decades, our experts can holistically assist in this common field of litigation. Contractual disputes include claims for damages by way of breach of contract, specific performance, or injunction. The Indian Contract Act of 1872, Specific Performance Act of 1963, Sale of Goods Act of 1930, Transfer of Property Act of 1882, Partnership Act of 1932, etc. are some laws that deal with contractual matters. One can opt for our services for disputes such as illegal possession of the movable and immovable property, illegal dispossession of movable or immovable property, adverse possession, illegal transfer of property, mutation, non-performance of a sale deed, lease deed disputes, etc.

The law of torts is chiefly an act of harm by one person to another. This act of wrongdoing causes either legal injury or actual physical harm to the other person. The Law of Torts is uncodified; however, some statutes, such as the Sale of Goods Act of 1930, the Motor Vehicle Act of 1988, the Transfer of Property Act of 1882, the Consumer Protection Act of 2019, the Environment (Protection) Act of 1986, etc., do include and manifest the spirit of the same. Our dynamic expertise will allow the clients to put forth their claims or case proficiently and effectively. Disputes such as negligence, nuisance, vicarious liability, damnum sine injuria and injuria sine damnum, the trespass of property, defamation, etc. can be effectively enforced in a court of law, and one can claim compensation for all the losses suffered.

The Motor Accidents Claims Tribunal was established under the Motor Vehicles Act of 1988 to provide a faster resolution to victims involved in accidents with motor vehicles. The jurisdiction of civil courts has been terminated for motor vehicle accident claims, with the Claims Tribunal now handling such cases. High courts hear appeals from the Claims Tribunal. We are dedicated to offering our clients a comprehensive, step-by-step approach for representation in every court of law.

The labour law field is a vast and expansive field of law. Labour law disputes are the ones that arise between workers, employers, trade unions, and the government. Our dynamic expertise will allow the clients to put forth their cases proficiently and effectively. Individual labour law concerns an employee’s rights at work, which are also covered and catered to by a contract under the Indian Contract Act. Laws such as the Trade Unions Act, of 1926, Minimum Wages Act, of 1948, Payment of Wages Act, of 1936, Payment of Bonus Act, of 1965, Payment of Gratuity Act, of 1972, Factories Act, of 1948, Contract Labour (Regulation and Abolition) Act, 1970, The Mines Act, 1952, Maternity Benefit Act, 1961, Child Labour (Prohibition and Regulation) Act, 1986, Sexual Harassment at Workplace (Prohibition, Prevention, and Redressal) Act, 2013, etc. International guidelines have been fixed by the International Labour Organization.

Industrial and Infrastructure matters cover all aspects of public services including transportation, agriculture, water management, sewage management, telecommunications, industrial and commercial development including setting up of special economic zones (SEZ), power, petroleum and natural gas, housing and other segments such as mining, disaster management services, and technology-related infrastructure, and other urban issues, making this an extremely inclusive field. Affecting the interests of individuals and other entities. Our Experts at NRILAES comprehend the complexities of this field and are committed to Deliver.

Yet another common field of legal disputes is succession matters. Our experts at NRILAES are committed to providing 360-degree holistic solutions to all the minute intricacies involved in such cases. Disputes often arise in a family relating to a will (registered or otherwise), a deathbed gift, etc. Testamentary succession or intestate succession is governed by the personal laws of the deceased. The shares of the legal heirs are fixed in their respective statutes.

This field of law aims for the sustainable growth of any country with judicious use of limited natural resources. Writs under Article 226 or Article 32 of the Indian Constitution are invoked to file a public interest litigation before the Hon’ble High Court and Supreme Court, respectively. Climate change is not just an individual issue but an international issue. The National Green Tribunal Act, 2010, The Biomedical Waste (Management and Handling) Rules, 1998 The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010, The Air (Prevention and Control of Pollution) Act, 1981, the Forest (Conservation) Act, 1980, the Wildlife Protection Act, 1972, the Water (Prevention and Control of Pollution) Act, 1974, the Ozone-Depleting Substances (Regulation and Control) Rules, 2000, the Energy Conservation Act, 2001, the Biological Diversity Act, 2002, the Wildlife (Protection) Act, 1972, etc. are some of the Acts that deal with the Environmental Law field.

A new and modern field of law, it covers disputes pertaining to copyrights, designs, patents, trademarks, intellectual property, corporate arrangements and transactions, trade secrets, geographical indications, etc. In such cases, one can opt for our services for consulting, advising, and real-time court assistance. Statutes such as the Copyright Act of 1957, the Trademarks Act of 1999, the Designs Act of 2000, the Geographical Indications of Goods (Registration and Protection) Act of 1999, and the Biological Diversity Act of 2002, etc. deal with this potent field of law. We further offer suitable negotiating strategies for our clients to build long-term relationships with their customers.

The Central Administrative Tribunal (CAT) was established to settle disputes relating to recruitment and terms of employment for individuals appointed to public services and positions associated with the affairs of the Union or other local authorities within the Indian territory or under the control of the Government of India, as well as matters related to or incidental to such disputes. The establishment of a separate tribunal aimed to ease the burden on courts and expedite the resolution of cases. Service matters typically involve government employees and may include issues such as pensions, promotions, recoveries, reinstatements, suspensions, voluntary retirement schemes, transfers, non-appointments, misappropriation, and leave rules, among others.