LAARC LEGAL

Area Of Practice

INSOLVENCY & BANKRUPTCY

LAARC Lega Insolvency and Bankruptcy practice encompasses a wide spectrum of services with the firm being deeply involved in the constantly changing fabric of the Insolvency and Bankruptcy Code, 2016 (“Code”).

With a team of experienced lawyers comprising of our 2 partners, who have wide array of clients and regularly represents major financial institutions, non banking financial companies, banks, asset reconstruction companies, corporations and MSMEs in numerous matters before the National Company Law Tribunals, the National Company Law Appellate Tribunals, the High Courts and the Supreme Court of India. The insolvency and bankruptcy team advises and represents Resolution Professionals during the corporate insolvency resolution process of corporate debtors, including advising and representing Resolution Professionals in the insolvency resolution process of Personal Guarantors and individuals. In addition to the above, the Firm constantly supports and represents homebuyers before the Tribunals and the Committee of Creditors with the objective of finding the best possible and tailored solution for the homeowners. 

CIVIL LAW, TAX LAW AND PROPERTY LAW

Our expert lawyers appear regularly in Trial Courts, Appellate Courts including various Tribunals, High Courts, and Supreme Court of India covering a broad spectrum of contentious work including civil, criminal and commercial matters. In this practice area, our legal counsels are based on the study and preparation of the relevant actions or defences in a given case, including the preparation and filing of lawsuits, Written Statements to suits, counterclaims, discovery, and all appeals or filings necessary to address and follow the judicial process in all courts through its final conclusion.

DIRECT TAX

The Direct Tax team comprising of our managing partner/ founder,  lawyers and chartered accountants, many of whom have multiple qualifications, offers a comprehensive array of tax advisory and litigation services for businesses and organisations in various sectors.

The firm has a dedicated team of experts who are engaged in providing, inter alia, the following services:

  • Litigation before all forums (Supreme Court, High Court, Tax Tribunals, and tax authorities)
  • Advice and consultancy relating to both domestic and international tax issues
  • Strategic tax planning
  • Transfer Pricing – study, compliance and representation
  • Compliance and Regulatory

The Direct Tax team comprising of our managing partner/ founder is widely acclaimed for its ability to find novel solutions to meet clients’ needs while addressing the complexities of constantly changing domestic and international tax regimes. We have successfully handled several high profile tax litigation matters both relating to domestic and international taxation and have obtained path-breaking rulings. The Direct Tax team is well known and has, over the years, gained respect of the tax administrators, businesses and judiciary alike, for its competent handling of litigation and providing quality advice across the entire spectrum of direct tax laws.

We have always endeavoured to deliver efficient and cost effective services appreciating the specific needs of clients, so as to provide maximum value.

INDIRECT TAX

The firm’s Indirect Tax team comprising of our managing partner/ founder,  lawyers and chartered accountants is well -equipped and dedicated to render advice and litigate across the entire spectrum of indirect tax laws. The team aims at suggesting practical and innovative solutions to its clients and has expertise in the following areas:

Goods and Services Tax (‘GST’), Customs, Service Tax, Central Sales Tax/Value Added Tax (‘VAT’), Central Excise, etc. The firm has a dedicated team of experts who are engaged in providing, inter alia, the following services:

  • Litigation before all forums (Supreme Court, High Court, Tax Tribunals, and tax authorities)
  • Advisory and Consultancy in areas like Banking, Finance, Leasing, Infrastructure, Real Estate, Hospitality, Software, Media and Entertainment, Advertising, Retail Trade, Management Consultancy, Education, Automobile, Auto-ancillaries, Airlines, Shipping Industries, etc.
  • Managed Services in the area of Compliance and Regulatory matters on all India basis which includes within its ambit filing of returns, facilitation of audit, refunds under Foreign Trade Policy Schemes, etc.

CORPORATE LAW AND COMMERCIAL LAW

We are practising in Corporate matters in all over India. We undertake all legal work of Corporate matters with special knowledge to handle the cases before Debt Recovery Tribunal (DRT), Debt Recovery Appellate Tribunal (DRAT), Real Estate (Regulation and Development Act (RERA), the Real Estate Appellate Tribunal (REAT), National Company Law Tribunal, National Company Law Appellate Tribunal (NCLAT), High Courts and in SUPREME COURT OF INDIA. 

We conduct all Criminal and Civil cases relating to Corporate affairs including Arbitration, economic offences, recovery of money etc.

The firm’s areas of practice include:-

  • Conpany law & Compliances
  • Competition Law and Anti Dumping
  • Banking & Finance
  • Capital Markets and Securities Law
  • Corporate & Commercial
  • Gaming (including online gaming) and Gambling regulations
  • Corporate Restructuring & Insolvency
  • Dispute Resolution & Arbitration
  • Environment, Social, Governance Risk and Compliance
  • Infrastructure & Energy
  • Intellectual Property Rights
  • Joint Ventures and M&A including Private Equity.

CORPORATE MERGERS & ACQUISITIONS

The expertise of the Firm’s M&A team broadly includes :

  • Structuring the M&A transactions ;
  • International and domestic tax planning ;
  • Legal due diligence review ;
  • Assistance in preparation and negotiation of transaction documentation ;
  • Advising on Securities Law, Corporate Law, Foreign Exchange Laws and Policies and Anti-Trust Laws;
  • Assistance in corporate restructuring and arrangements including mergers and de-merger

ARBITRATION

LAARC legal Arbitration team advise on almost all aspects of the arbitration, either national or international, from the appointment of arbitrators to representation at the arbitration hearing and also support in courts including challenging of bad arbitral award u/s 34 of Act in High Court and Appeal from Interim Appealable Orders. 

We offer the following services in this area:

  • Moving Courts under Arbitration and Conciliation Act, 1996 for appointment of neutral arbitrator and setting aside a bad arbitration award.
  • All aspects of mediation and arbitration, whether national or international
  • Enforcing domestic and foreign Arbitral awards
  • Facilitating parties in dispute for conciliation through mediation, so as to arrive at a win-win situation before commencement of Arbitration.

CONSTITUTIONAL LAW

We are practising in Constitutional Courts in Writs and PIL jurisdiction in all over India. We have been representing our clients in all High Court across India and in Supreme Court of India in writ jurisdiction and public interest litigation.

CRIMINAL LAW

We provide criminal law services through a team of experienced lawyers in new criminal codes i.e, the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA).

BANKING & FINANCE

LAARC Legal Banking and Finance practice represents financial institutions, financial services companies, investment funds, development bank, project developers, project companies, contractors and other parties in various secured and unsecured financing transactions.

DATA PRIVACY & CYBERSECURITY

Data privacy and cybersecurity remain top priorities for regulators and companies alike, as the threats posed by large-scale data breaches and other cyber incidents continue unabated. LAARC Legal specialized team backed by legal and sector-specific experts and industry stalwarts, is fully geared to provide high level strategic advice on issues related to privacy and data security-related enforcement trends and new laws and regulatory matters to international and domestic clients from various sectors.

INSURANCE

LAARC Legal has extensive experience and understanding of the insurance industry in India. The Firm advises on the entry strategy of its insurance clients and at every stage of their business in India, including making investments in Indian ventures under Indian insurance laws. This practice team’s  advisory services  cover  initial public offers, compliance with FDI and IRDA, listing procedure as well as SEBI laws, and provide foundations for significant investment into the Indian insurance sector.

With expertise in life insurance, property insurance, marine insurance and liability, the Firm advises and litigates on all aspects of insurance law including business comprehensive general liability policies, environmental coverage, and directors’ and officers’ liability policies. Members of the Firm have also represented clients before the Insurance Regulatory Development Authority (IRDA).

The insurance practice of the Firm mainly focuses on following broad areas:

  • Construction insurance
  • Marine insurance
  • Insurance and Consumer Protection
  • Regulatory Framework Review
  • Requirements of meeting Solvency Margins
  • Foreign Exchange issues
  • Tax and Stamp Duty implications; and
  • Product Policies Review.

INTELLECTUAL PROPERTY LAW

We take care of your intellectual property by assisting in IP filings, due diligence, protection, action in form of lawsuits against infringement etc. We deal in following IP aspects:-

  • Trademark
  • Copyright
  • Designs
  • Trade secret
  • Trade Dress
  • Patents
  • Geographical Indicators
  • Domain Names etc.   

REGULATORY COMPLIANCES

We are duly providing assistance to organisations and companies to carry out process of compliance laws, regulations, guidelines and specifications relevant to its business processes. There are several compliances in place for all different type of organisations.

We are also providing product/services based compliance for organisations including:-

A. Data Protection compliance with DPDP Act for India and other global compliances for international products/services including data protection compliance under General Data Protection Regulation (GDPR) for Europe, The California Consumer Privacy Act (CCPA) for the United States and other global legislations.

B. Healthcare compliances including insurance and service compliances- We also provide compliance with U.S. standards under Health Insurance Portability and Accountability Act of 1996.

C. Internal Policies and Human Resource Compliances with Service and Labour Laws

D. Data Security compliance and policies especially for IT or software related organisations including Information Management Security Policy and obtaining of licenses like SOC-II.

E. Compliances for obtaining certificates from International Organization for Standardization (ISO)

F. All other standard compliances including for purpose of Corporate Social Responsibility, Environment Sustainability Governance, Data Governance & Management, Maternity & Welfare laws etc.

FAMILY LAW

Family Law is one of our major specializations and we are widely appreciated among our clients for our consistent record in this field. We have qualified and experienced Family Lawyers in Delhi team that is well versed in all the details regarding the area of Family Law. Our team continually research and updates itself with all the developments and changed in this field so that we can serve our clients better.       

Our team counsels individuals with respect to property settlements, separation agreement, regular dissolution of marriage and incidents pertaining to domestic violence. In addition to it we handle matters related to the custody, adoption and guardianship of minors and assist clients with wills estate planning, inheritance and gift tax purposes and other matters relating to family finances and property. We have expertise in handling issues relating to dowry harassment. When matrimonial dispute arises between parties to marriage, it brings number of litigation with it. It includes civil as well as criminal litigation and involves civil laws, family laws, matrimonial laws as well as criminal law. As for example:

Criminal Law:

  • Criminal complaint under section 498A read with 406 of Indian Penal Code, 1860 and its proceeding before CAW cell;
  • Complaint under Protection of women from Domestic Violence Act 2005;
  • Complaint under Dowry Prohibition Act;
  • Application under section 125 of Code of Criminal Procedure 1973 seeking maintenance by wife;
  • And various complaints under the various sections of Indian Penal Code;

Civil/Family Law:

  • Petition for Divorce under various ground mentioned under section 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc.
  • Petition for custody of children under provisions of HMA, 1955
  • Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;
  • Application for restitution of conjugal rights;
  • Suit for partition of the joint property owned jointly by husband and wife;

So, we provide comprehensive legal services to our clients so that they can get one window solution of every kind of Dispute and at every level of dispute under matrimonial law, criminal law or disputes related to property. We provide legal consultancy services, prior to dispute so that the dispute can be avoided, besides providing litigation services to our clients at each and every level of dispute till the Supreme Court of India.

LABOUR LAW AND SERVICE LAW

When litigation is necessary in the labour context, our team provide full support at your disposal. Our commitment in litigating contested matters does not overshadow our dedication to the concept and practice of affirmative and preventive employee relations. We are committed to counselling beforehand to help & prevent serious problems from arising and, if they do arise, to explore all reasonable means for their resolution.

LEGAL DOCUMENTATION

Our teams of legal experts take great efforts to ensure that proper contracts are drawn which protect the interest of the clients. We are proficient in drafting all types of documents for clients regarding all kinds of transactions and negotiations. We have all the necessary resources and knowledge available at our disposal which enables us to offer reliable and sound counsel to the clients. Moreover, our teams of lawyers have the best interest of clients in mind and they ensure that the interests of the clients are protected.

DISCLAIMER

LAARC Legal

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