Anurag Tomar & Associates
Supreme Court and High Courts

Services

Our services include:

  • Litigation
    • Commercial Contract Disputes
    • Family and Matrimonial Matters
    • Succession Disputes
    • Matter relating to will and properties
    • Property and rent disputes
    • Banking and Insurance Disputes
    • Employment and Service Matters
    • Personal Injuries Claims
    • Criminal Trials and Appeals
    • Monetary Claims
    • Consumer Disputes
    • Trade Mark and Copy right
  •                
  • Real State and Construction
  • Corporate and Commercial Law
  • Agency and Franchise
  • Drafting and vetting of contracts
  • Alternate Dispute Resolution (ADR) and Arbitrations
  • Capital Market
  • Family Law                
  • Consumer Law
  • Contracts
  • Copyright Law
  • Patent Law
  • Criminal Defense
  • Divorce

 

Litigation Services

 

We are a renowned law firm and hold expertise in providing highly credible Litigation Services to our clients. Our associate lawyers have considerable knowledge and exprience to contest litigation on behalf of our clients, involving various kind of disputes like employment & service matters, personal injuries claims, criminal trials & appeals and consumer disputes in an effective manner. Their long  experience in law practice has helped us in providing best of our legal services.

The litigation services offered by us cover following nature of disputes:

Commercial Contract Disputes

Family and Matrimonial Matters

Succession Disputes

Matter relating to will and properties

Property and rent disputes.

Banking and Insurance Disputes

Cases relating to dishonoring of Cheques U/S 138 Negotiable Instrument Act.

Employment and Service Matters

Personal Injuries Claims

Criminal Trials and Appeals

Monetary Claims

Consumer Disputes

Enforcement of Legal and Fundamental Rights under writ Jurisdiction

Protection of Trade Mark and Copy right

 

 

Real Estate and Construction

 

We have been upholding our credibility amidst our clients by providing valuable legal solutions in Real Estate & Construction matters. Our Associate Lawyers are well aware of the rules & regulations and laws framed by Government of India. This helps us in undertaking all the legal activities in a systematic manner.

Owing to our enormous experience, we have gained immense expertise in handling all types of legal matters related to Real Estate & Construction. We have highly knowledgeable Associate Lawyers who assist our clients in preparing legal documentations. Our professionals also hold expertise in handling legal activities related to purchase, lease, sale, mortgage of real estate properties that covers commercial, industrial, agricultural and residential property.

Generally,  agreements and transactions related to immovable properties in India are regulated by following laws:

Transfer of property Act 1882

Indian Contract Act 1872

India Registration Act, 1908

India Stamp Act, 1899

We make aware our clients about applicable laws such as stamp duties and requirements of registration. Moreover, we also inform clients about the licensing and regulatory approvals required from government and statutory agencies.

India has various states and every state has different structure of stamps duty, which is imposed on sale/purchase transactions of properties. In few states, agreement related to sale/purchase of immovable properties is also compulsory.

Some of the agreements related to immovable properties are enlisted below:

Legal documentation and advice on sale/purchase/lease of property

Landlord and tenant disputes

Land use regulations

Mortgage and finance agreements

Building, development and construction contracts

House tax disputes

Projects and retail property transactions

Real estate investment and development projects

Advisory services in respect of clarity of the title of immovable property

 

Corporate and Commercial Law

 

We are a reliable Lawfirm, engaged in providing legal advices related to Corporate & Commercial Law. Our Associate Lawyers offer complete assistance to clients on various legal matters pertaining to corporate & commercial sectors. With our vast experience, we are able to offer effective legal solutions for takeover, mergers & acquisitions, real estate & property, timeshares, hotels and resorts, affiliation and development agreements.

 Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law. In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code.

Various regulatory schemes control how commerce is conducted. Privacy laws, safety laws and food and drug laws are some examples.

Corporate law (also "company" or "corporations" law) is the law of the most dominant kind of business enterprise in the modern world. Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another under the internal rules of the firm.

Corporate law is a part of a broader companies law (or law of business associations). Other types of business associations can include partnerships (like most law firms), or trusts (like a pension fund) or companies limited by guarantee (like some universities or charities). Corporate law is about big business, which has separate legal personality, with limited liability or unlimited liability for its members or shareholders, who buy and sell their stocks depending on the performance of the board of directors. It deals with the firms that are incorporated or registered under the corporate or company law of a sovereign state or their subnational states. According to the American Professors Hansmann (of Yale University) and Kraakman (of Harvard University), the five defining characteristics of the modern corporation are:

Separate Legal Personality of the corporation (the right to sue and be sued in its own name i.e. the law treats the company as a human being.

Limited Liability of the shareholders (so that when the company is insolvent, they only owe the money that they subscribed for in shares)

Transferable Shares (usually on a listed exchange, such as the London Stock Exchange, New York Stock Exchange or Euronext in Paris)

Delegated Management, in other words, control of the company placed in the hands of a board of directors

Investor Ownership, which Hansmann and Kraakman take to mean, ownership by shareholders.

The last of these defining features is contested. For a start, it is pointed out that shareholders do not own corporations, they own their shares. Ownership of a corporation is complicated by increasing social and economic interdependence, as different stakeholders compete to have a say in corporate affairs. In most developed countries excluding the English speaking world, company boards have representatives of both shareholders and employees to "codetermine" company strategy. Corporate law is often divided into corporate governance (which concerns the various power relations within a corporation) and corporate finance.

Corporate And Commercial Practice 

We are a reputed law firm and hold expertise in offering highly credible Corporate & Commercial Law services. Through our corporate law practice, we strengthen the formation of companies. It is due to our legal experts, we are able to inform about the securities issues and provide proper advice to the distinguished organizations related to company law.

Besides, we also offer following services:

Takeover, Mergers & Acquisitions, Technology Transfers, Joint Ventures, Foreign Collaborations, Foreign Investment, Foreign Exchange Control Regulations, Taxation of Foreign Companies/ Nationals

Formation of Companies, Taxation, RBI / FIPB / Other Government Approvals, International Tenders, Import and Export Law, Offshore Companies Privatization, Corporate Guarantees, Legal Due Diligence, Foreign Loans / External Commercial Borrowings

Licensing, Distribution Agency and Franchise Agreements, Drafting and Negotiation of Government and Public Sector Contracts, FIDIC Contracts

Labour Laws, Employment and Service Agreements, HR Manuals, Provident Fund, Bonus, Leaves, Termination of Employment Bonds

Antidumping Laws, preparing reply to exporters-importers questionnaire, appearing before Designated Authority, price undertaking, appeals

Electricity Laws, Energy, Oil and Gas Laws, Power Purchase, Fuel Supply, EPC and other contracts

Mining Laws, Reconnaissance Permit, Mining Lease, Transfer & Renewal of Mining Lease, Employment in Mines, Liaisoning, and Compliances under mining laws in India, subcontracting of Mining Operations

Computer & Software Laws, STPI, EOU, EHTP, SEZ, Setting Up Oversea Development Center, Software Licensing, BPO, Outsourcing Agreements

Real Estate and Property, Timeshares, Hotels and Resorts, affiliation and development agreements

Insurance and Banking Regulations / Law, Letter of Credits, Banking Frauds and investigation

Broadcasting Laws, Cable TV, Media and Entertainment Laws

Aviation Laws, Dry & Wet. Leases, Financing

Maritime and Shipping Laws o Environmental Laws

Immigration Laws

 

Agency and Frenchise

 

We are among the best Law firms in Delhi, engaged in providing legal services to clients on Agency & Franchise. As franchising is considered as a successful business module for local companies in India therefore we assist our clients in preparing legal documents for acquiring agencies and franchises. Besides, we also inform about the codes and conducts framed for obtaining agency & franchise.

Today, India is one of the biggest emerging markets for various goods and services, ranging from bare necessities to expensive luxuries. Until 1991 due to the archaic Foreign Exchange Regulation Act, 1973 (FERA), almost all sectors of goods and services relating to the consumer markets in India were secure from the grasp of foreign investors. After the repeal of FERA and the coming into force of the Foreign Exchange Management Act, 1999 (FEMA), foreign investors found their passage into India with rules for entry becoming far more favourable. Today, a convenient medium of entry by foreign companies into the Indian market is franchising. Franchising also exists as a successful business module for local companies in India within various sectors.

The United States of America stands at the forefront of the franchise boom. Today, the legal environment in the United States is highly conducive to the healthy growth and evolution of franchising. With more than 50% of total retail businesses in the United States, 45% in Canada and 26% in Australia choosing a franchise model for expansion the impact of franchising on retail industries across the globe is considerable. To foster the rapid and sustained growth that this channel brings it is critical that laws to regulate the franchising business exist.

In India, there are no Franchise – specific Laws, franchises, are subjects to the same Laws that govern other business Franchisee agreement are executed under Indian Contract Act, 1872.

 
Drafting and Vetting of Contracts

 

Our associate lawyers have outstanding knowlage and experience in drafting various kind of agreements involving different transaction. Our legal experts help in drafting various kinds of agreements such as non-disclosure agreements, vendor contracts, supply agreements, software license agreements and office leases. Agreement is every promise and every set of promises forming the consideration for each other and a promise is defined as an amplified proposal.

We are engaged in undertaking Drafting & Vetting of Contract for our clients. Due to the support of our legal experts, we are able to draft different kinds of agreements. As we are conscious about safeguarding the interest of our clients, while drafting the agreements therefore we have appointed experienced lawyers.

Our expertise lies in drafting following agreements:

Non-Disclosure Agreements

Vendor Contracts

Supply Agreements

Software License Agreements

Telecom Services Agreements

Internet, Advertising and Media Agreements

Office Leases

Non disclosure agreement is a contract between two parties, which focuses on confidential material, knowledge or information that the parties wish to share with each other for certain purposes, but wish to restrict access to the third parties. In this contract, the parties mutually agree not to disclose information present in the agreement. The agreement forms a confidential relationship between the parties and ensures complete protection of any type of confidential and proprietary information or trade secrets. Apart from this, NDA protects non-public business information. NDAs are usually implemented when two interested parties plan to do business and required to understand the process used in each other businesses for the purpose of reviewing the potential business relationship.

 

Alternative Dispute Resolution (ADR) and Arbitration

We are a trusted Law firm, engaged in providing optimal solution for Alternative Dispute Resolution. The alternative dispute resolution or arbitration is the effective means of solving the disputes between parties. We have highly experienced lawyers who are practicing law for many years and provide effective solutions to customers.

Alternative Dispute Resolution (ADR) And Arbitration  

Arbitration in a mode for settlement of disputes between the parties. It has a social purpose to fulfill. Today, it has urgency when there has been an explosion of litigation in the courts of Law. The judicial system prevalent in courts is governed by procedural Laws. Many provisions are very technical and have become synonymous with technicalities and obstructions leading to delays. The procedure is so cumbersome that many a times decades are taken for final resolution of disputes. Therefore, an alternate mechanism for resolution of disputes is evolved by reference of disputes to domestic tribunals, ie arbitral  proceedings. It is intended to ensure fair and efficient and speedy trial giving finality to the decision. It is also intended to minimise supervisory role of the courts and enhance the assistance


Capital Market 

 

India is one of the oldest capital market in Asia. A vibrant, well-developed and healthy Capital market facilitates investment and economic growth of a Country.

Capital Market  

Our associate lawyer have distinguish knowledge and exprience in dealing the matter relating to capital market which inclule investor graviance, arbitration, money recovry issues, inforcement of contractual obligation relating to securities. It is a market where buyers and sellers of shares and securities admitted to dealings, can do business. The entry of the market is not open to public. The investing public has to do business through the members of Stock Exchange only (Stock Brokers)

Securities and Exchange Board of India (SEBI)

The Securities and Exchange Brand of India was established on April 12, 1992 in accordance with the provision of the 'Securities and Exchange Brand of India Act, 1992'.

The act has given wide range of powers to SEBI to regulate stock exchange, other security market, market intermediaries, mutual fund and self regulatory organizations of the market players.

The objective of setting up SEBI is to protect the interest of the investors in securities and to promote the development and to regulate the security market.

 

Family Law

Our Law firm provides comprehensive service in the matters relating to marriage; matrimonial disputes like divorce, maintainence, alimony, custody of children, succession, wills, probate of wills, Letters of administration etc. In most of the major cities of India Family Courts have been established and these Courts have been given exclusive jurisdiction in matrimonial disputes.

Family Law is an area of Law that deals with family related issues and domestic relations including:-

Marriage, civil unions, domestic partnerships, and succession.

Issues relating to marriage including maintenance, domestic violence, child custody, divorce, adoption, alimony etc.

Partition of joint properties.

Wills, probates, succession certificates, and letter of administration

Estate - An estate is the property that a person owns or has legal interest in.

 

Will - a person's will is a written document that sets out the person's wishes about how his or her estate should be taken care of and distributed after his or her death. it takes effect when the person dies.

 

In India issues related to succession (testamentary and non-testamentary) are governed by concerned personal laws (like Hindu Succession Act, 1956) and the Indian succession act, 1925

 

 Consumer Law

 

Our Law firm provides  Consumer Law services in relation to grievances of the cosumers relating to banking, insurance, medical, housing, automobile and other services and products.

According to Section 2(d) of the Consumer Protection Act, 1986

 Consumer means  any person who-

 1) buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or commercial purpose or

2) (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who (hires or avails of) the services for consideration paid or promised, or partly paid and partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person.

Explanation – for the purpose of Sub Clause (1) 'Commercial Purpose' does not include use by a consumer  of goods bought and used by him exclusively for the purpose of earning his livelihood by means of self-employment.

Further Section 2(f) defines “deficiency” as follows -

“deficiency” means any fault imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed??? by a person in pursuance of a contract or otherwise in relation to any service, consumer protection scope and applicability of the Act, 1986

Scope and applicability of Consumer Protection Act, 1988:-

Consumer Protection Act, 1988 is a social welfare legislation enacted to provide for better protection of the interest of the consumers and different re-dressal forum have been established under the said Act for settlement of consumer disputes. The Legislature having enacted such a legislation for speedy solution of the disputes of the consumer for the benefit of the people at large.


Intellectual Property Law

 

Our law firm has distinguished name in offering effective solution on Intellectual Property Law. The intellectual property right includes trade mark, patent, copy right and design. Our professionals assist our clients in obtaining rights for their property like objects, works and articles. Through intellectual property registration, a person is liable to use his property in his own way.

Intellectual Property Law

Our law firm holds expertise in providing ligal services to our clients relating to issues involving protection and enforcement of intellectual property right and transaction involving technology. Our associate lawyer have outstanding knowledge in protecting intellectual property law that covers copyrights, patents, trade marks, designs and geographical Indications. Our services include various processes like registration, opinion, search and handling related litigation and protection against infringement of any such rights.

Trade Mark

With the support of our legal experts, we help our customers while registering the trade mark. Trade mark is a visual symbol in the form of a word, a device or a label applied to the articles of commerce. It indicates the public about the goods manufactured or dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other persons. In simple words, the trade mark helps in differentiating the similar types of products manufactured by various firms.

Trade mark laws are governed by the Trade Marks Act 1999 (47 of 1999) and Trade Mark Rules 2002. The object of the Act is to confer protection to the user of trade mark on his goods and to prescribe condition for acquisition of trade mark.


A trade mark act for registration of trade mark with the registrar of Trade Mark. When the registered trade mark is used by a person who is not so entitled, it constitutes infringement.  Infringement of Trade Mark can be protected by taking resort pay to civil as well as criminal remedies provided under TM Laws.

 

Patent Law

We are engaged in offering Patent Law services to our esteemed clients. Patent is a kind of industry property. The owners of the property possess the right to sell the whole or part of his property. These rights are given to property holder for commercial purposes. Patent Law is governed by the Patent Act, 1970 and the Patent Rules – 2003.

 

Under the Patent Act the word ‘Patent’ means a patent granted for exclusive right to use or exercise an invention granted to a person for a limited period in consideration of the disclosure of the invention.

 

Copy Right

Due to our vast experience, we are able to offer valuable legal advices to our clients on Copy Right. Under Copyright Act, 1957, the owner has exclusive right to multiply copies of his work for commercial exploitation. The act also grants the negative right to refrain others from multiplying the copies of his work.

 

Object Of Registration of Design

We assist our clients in safeguarding the novelty and originality of their design, shape and configuration of their objects through our Object of Registration of Design services. The aim of Design Act is to protect novel designs devised to be applied to (or in other words, to govern the shape and configuration of) particular articles to be manufactured and marketed commercially.
                                                                                                                                                  

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