Dispute Resolution – Litigation And Arbitration

Dispute Resolution – Litigation And Arbitration

 

Dispute resolution, through any fora, is pivotal to any of our Client’s needs and occupies top priority of their legal concern. Resolution of dispute either through contemporary routes such as Hon’ble Courts or through alternate routes such as Arbitration / Conciliation is central pivot of LexOracle.

LexOracle has a strong Commercial Litigation Team with knowledge base in all forms of dispute resolution which works toward making the process hassle free for the clients and ensures that disputes are resolved efficiently, resoundingly and cost effectively. The Team advises across a diverse range of industries engaged in manufacturing activities, information technology, intellectual property, workplace relations, retail and trade, property and construction activity, telecom, energy, print media, hospitality, natural resources, financial services, insurance, health, entertainment and Anti-Trust / Competition Law.

Drawing on past successful cases, the firm is well equipped to handle litigations of complex nature in the country.

Arbitration, as an alternative mode of dispute resolution, is fast picking pace and has expanded over the last several years to become an important step in the dispute resolution process. LexOracle has a significant experience in both international and domestic arbitrations and other forms of Alternative Dispute Resolution (ADR) such as conciliation and mediation. Our Law Firm provides service in enforcing and challenging enforcement of Arbitral Awards, drafting arbitration agreements and clauses, representing clients for arbitration petitions before various High Court and Hon’ble Supreme Court of India.

LexOracle provides assistance to our clients and has successfully defended them against false allegations of unfair consumer trade practices including misleading and false advertisements before various consumer forums, state commissions and national commission. Furthermore, LexOracle has broad experience in efficiently and effectively handling real estate issues and disputes before different forums including RERA. LexOracle handles easement and covenant disputes, service charge disputes, and boundary disputes.

We assist our clients in drafting, vetting and interpretation of lease deed, leave and license agreement, sale deed, builder buyer agreement, power of attorney, covenant enforcement, tenant renewals, rent agreements, notices and other legal documents.

 

Arbitration

 

The Arbitration and Conciliation Act 1996 is an Act of India that regulates arbitration India. In an attempt to make Arbitration a preferred mode of settlement of commercial disputes and making India a hub of international commercial arbitration, the President of India on 23 October 2015 promulgated an Ordinance (Arbitration and Conciliation (Amendment) Ordinance, 2015) amending the Arbitration and Conciliation Act, 1996. Indian Government in has been making several reforms in the area and recently the parliament of India moved an amendment to the Arbitration Act, 1996 by way of passing Arbitration and Conciliation (Amendment), Act 2019.

Whereas under the 1996 Act, parties were free to appoint arbitrators and whenever there was a disagreement on an appointment, the parties were to request the Supreme Court of India, or the concerned High Court to appoint an arbitrator.  But under the amended Act of 2019, the Supreme Court and High Courts now may designate institutions of arbitration, whom the contractual parties can approach seeking the appointment of arbitrator/s. Even for international arbitration, appointments are to be made by the institution which is designated by the Supreme Court and for domestic arbitration, appointments will be made by those institutions which have been designated by the concerned High Court.  However, in those cases where there are no arbitral institutions available, the Chief Justice of the concerned High Court may maintain a panel of arbitrators to perform the functions of the arbitral institutions. The act also mandates that an application for appointment of an arbitrator is required to be disposed of within 30 days.

We provide support as Arbitration Lawyers before all the Arbitral Tribunals having seats in various jurisdictions/places, and work with various institutions. Costly, lengthy and tedious business disputes affect the growth potential and business projections in India. In view of the fact that in India Contract Enforcement before Civil Court has become arduous, more and more corporates and individuals are turning to Arbitration as a mode of Alternative Dispute Resolution, to achieve timely and cost-effective results. Our team of skilled arbitration lawyers provide their services in various industry sectors of all sizes and work under diverse laws and before various dedicated arbitration centres.

For more information or query, please contact us.

Consumer Disputes

 

A Consumer is anyone who buys any goods or avails a service for a consideration, which has been paid or promised or partly paid or promised, or under any system or deferred payment, either his personal use or to earn his livelihood through self-employment. It also includes a beneficiary of such goods/services when such use is made with the approval of such person. The Consumer Protection Act, 1986 provides consumers: Right to Safety; Right to be informed; Right to Choose; Right to be heard; Right to Redressal; and Right to Consumer Education.

The Consumer Protection Act, 1986 is benevolent social legislation that lays down the rights of the consumers and provides for promotion and protection of the rights of the consumers. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (‘Buyer Beware’) a thing of the past.

With the advent of the Consumer Protection (E-Commerce) Rules, 2020 (” E-Commerce Rules”), which was notified by Ministry of Consumer Affairs, Food and Public Distribution on July 23, 2020, the consumers aggrieved by the purchase of goods from e-commerce platforms have a special law in addition to the consumer protection act, which specifically deals with the duties of not only e-commerce entities but also of sellers. E-commerce Rules in a way not only regulates the manner of the transaction between the e-commerce platforms and the consumers but it also regulates how the e-commerce entities will conduct its business in India.

We have a team of best consumer court lawyer in Delhi for all consumer court matters. We provide very strong drafting and vetting services for all consumer notices, consumer complaints and all legal services of consumer court. From representing clients who have been victims of unfair trade practices and/ or restrictive trade practices to clients who have been victims of spurious service and goods, our leading consumer law advocates at Lexoracle cater to a variety of client requirements. Bringing victory for our clients is the driving force of our lawyers.

For more information or query, please contact us.

 

Matrimonial Disputes

 

Divorce means the legal cessation of the matrimonial bond. Since India is home to diverse religious communities having distinct matrimonial laws, the divorce procedure also varies.

  1. All Hindus, as well as Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act 1955.
  2. Muslims are governed by Muslim Personal Law and Dissolution of Muslim Marriages Act, 1939.
  • Christians are governed by the Indian Divorce Act, 1869 and The Indian Christian Marriage Act, 1872.
  1. Parsis are governed by The Parsi Marriage and Divorce Act, 1936.

An Indian couple can voluntarily seek to be governed by the Special Marriage Act, 1954 if they belong to different religious communities and also if the couple does not desire to perform obligations under specific personal law. Besides, there is also the Foreign Marriage Act 1969, which governs divorce laws in marriages where either partner belongs to another nationality.

There are two ways of obtaining Divorce in India: –

  1. Divorce by Mutual Consent
  2. Divorce without Mutual Consent or Contested Divorce

DIVORCE BY MUTUAL CONSENT:

Seeking divorce in India is an overlong legal affair where the entire process takes a statutory minimum of six months. Nevertheless, the time and money required to obtain a divorce can be substantially curtailed if the couple agrees to seek divorce by mutual consent. Where the couple finds it correct and expedient to obtain a divorce without having to face harassment and endure the long fetched legal process, they can approach Family Court by filing divorce by mutual consent. Generally, the duration of a divorce by mutual consent varies from 6 to 8 months, depending on the discretion of the court. It has usually been the preference of the courts to end mutual consent divorces sooner, rather than later.

Divorce without Mutual Consent or Contested Divorce:

Unlike Divorce by Mutual Consent, in Contested Divorce only one party contests the claim as there is no question of mutual consent. In this case, divorce can only be obtained when the petition is made on some specific grounds. The aggrieved party has to take one of the specified grounds of divorce and will have to file the case in the Court of competent jurisdiction. It may be noted that the party which files the case has to prove the case in light of supporting evidence and documents. It is only after successfully proving the case, divorce will be granted.

For more information or query, please contact us.

 

 

Criminal Dispute

 

Under the Indian legal system, the criminal liability for an act or omission arises out of a statute proscribing an act or omission. A breach of the statutorily proscribed act or the prescribed duty by a person is to be visited with punishment as sanctioned by the law. Thus, the criminal law connotes only the quality of such acts or omissions as are prohibited under the appropriate penal provisions by the authority of the state.

The general law of crimes is contained in the statute law, viz., The Indian Penal Code, 1860 as amended from time to time. Various other statutes enacted by the Union and the state legislatures also make an act or omission punishable under the law which may be general, special or local in nature. The general law on substantive crimes is contained in the Indian Penal Code, 1860. The Indian Penal Code is the basic governing statute for determining the criminal liability for offences stated in it, and also for declaring exceptions to the questions of criminal liability for the offences covered under the special or local laws

The special law is applicable to the particular subject while the local law makes the law applicable to a particular part of India. Any wrongful act which is thus prohibited under the general, special or local law and visited with punishment is deemed an “offence” even though a civil liability may also arise out of the wrongful conduct

LexOracle is extensively experienced in criminal law matters and litigation. Our experienced Criminal lawyers not only advises its’ clients in dealing with white collar crime issues, it advise clients during investigation, pre-investment due diligence, due diligence on a target entity in India and its promoters and advising clients on other contentious matters (including litigation).

We represent clients for bail applications before the District Courts, High Courts as well as the Supreme Court of India. We also provide advisory services to our clients on strategic issues such as corrective actions and voluntary disclosures.

We have represented clients in cases related to cheating, frauds, scams and criminal law and have availed just and favorable decisions from the Hon’ble Court. It is always advisable to seek for the best professional advise in case of criminal laws as it involves intricate complexities, and a small fact can lead to an acquittal or discharge. LexOracle has been providing legal services and legal representation in criminal law related matters to domestic and international clients.

For more information or query, please contact us.