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Our services are primarily focused to serve the business-related legal and statutory requirements of domestic and foreign clients and handle litigation on their behalf, civil or criminal. |
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Kalia Associates provides a broad range of services to meet the needs of its clients who comprise of large and small businesses, governments and individuals across a multitude of industry groups. |
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We offer our clients extensive litigation experience in regulatory, trial and appellate matters spanning virtually every area of substantive law. Major practice areas include civil & criminal laws, general and commercial litigation, securities and financial litigation, regulatory enforcement, antitrust, white collar criminal defense, patent and other intellectual property litigation, product liability and mass tort litigation, commercial arbitration and dispute resolution. We provide clients with personalized legal advice, representation and services in a wide variety of areas, including: |
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| Company incorporation |
Business may be conducted in India through a variety of modes such as: |
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Proprietorship Firm |
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Partnership Firm |
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Private Limited Company |
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Public Limited Company |
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A foreign enterprise wishing to do business in India has the following options: |
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Appointing an agent |
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Liasion / representative office |
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Project office |
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Branch office |
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Joint venture Company with Indian Partner |
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Wholly Owned Subsidiary Company |
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Incorporating a company (either private limited or public limited) is the most popular way to conduct business in India. For the purpose of incorporating a company, provisions have been laid down under the Companies Act, 1956. Besides the statutory requirements contained in the Companies Act, the creation, existence and operation of companies in India is also governed by various other laws including foreign exchange law, employment law, contract law, banking law, consumer law, taxation law, etc. We provide a comprehensive range of services that fulfill the incorporation as well as post-incorporation requirements of both domestic and international clients. Our scope of services includes; |
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Advising on all aspects pertaining to incorporation of a company in India |
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Applying for incorporation of company by filing the prescribed form along with all requisite documents |
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Assisting in fulfilling the various formalities required for incorporation of company, including preparation of necessary documents, obtaining digital signatures, obtaining Director Identification Number (DIN), etc.
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Applying for obtaining name of proposed company from the Registrar of Companies (ROC) Drafting Memorandum of Association (MOA), Articles of Association (AOA) and getting the same stamped as per requirements |
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Applying for incorporation of company by filing the prescribed form along with all requisite documents |
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Drafting minutes of the first board meeting of the company |
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Drafting General Power of Attorney, letters to the auditors, preparing share-certificates and design of Common seal of company |
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Drafting documents for allotment/transfer of equity shares |
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Filing documents regarding allotment of shares with ROC and Reserve Bank of India (RBI) |
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Assisting in obtaining Permanent Account Number (PAN),Tax Deduction Account Number (TAN), Import Export code (IEC) |
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Assisting in registering under Sales Tax/Value Added Tax, Shops & Establishment Act, Labour Laws (if the number of employee exceed 20) |
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Assisting in registering under various export promotion schemes such as SEZ, EOU, STPI, EHTP scheme |
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Applying for registration of trade mark, copyright and other intellectual property rights |
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Setting standardized system for maintenance of records and filing statutory declarations/forms/returns before various authorities such as the ROC, RBI, Income Tax Department, Customs authorities, Excise Department, Labour authorities etc |
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Drafting of various documents such as employment letters, lease agreements, service agreements, vendor etc |
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Advising on the various compliances and statutory requirements under relevant laws, rules and regulations |
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Contracts & Agreements |
The law relating to contracts and agreements is found in the Indian Contract Act, 1872. As per Section 2(e) of the said Act, every promise and every set of promises, forming the consideration for each other, is an “Agreement”. According to Section 2(h) of the same Act, an agreement enforceable by law is a “Contract”. |
To be legally valid, a contract must fulfill certain essential requirements. These are: |
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There should be an agreement between the parties |
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The intention should be to create a legal relationship |
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The parties should be competent to contract |
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There should be free consent of the parties |
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The consideration should be lawful |
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The object should be lawful |
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There should be certainty of meaning |
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The contract should be capable of being performed |
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The contract should not be declared illegal or void under law |
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We specialize in drafting, negotiating, reviewing and finalizing various kinds of business-related contracts & agreements. To ensure high-quality results, we first fully understand the specific needs of our clients and advise them on the underlying transaction. We help them make commercially-viable decisions and then customize the agreements accordingly. We take special care to safeguard the future interest of our clients by providing for all eventualities in the agreement. We also help our clients in getting the agreements registered under law, if required. |
| Some of the contracts and agreements that we regularly handle are: |
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Agency Agreements |
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Amalgamation Agreements |
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Arbitration Agreements |
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Building & Construction Agreements |
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Business Agreements |
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Confidentiality Agreements |
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Consultancy Agreements |
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Contract Manufacturing Agreements |
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Copyright License Agreements |
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Distribution Agreements |
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Employment Agreements |
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End-User License Agreements |
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Franchise Agreements |
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Hire Purchase Agreements |
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Joint venture agreements |
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Lease Agreements |
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License Agreements |
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Non Compete Agreements |
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Non disclosure Agreements |
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Non solicitation Agreements |
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Outsourcing agreements |
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Revenue Sharing Agreements |
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R&D Agreements |
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Sales & Purchase Agreements |
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Service Agreements |
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Software Development / Sale / License Agreements |
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Tenancy Agreements |
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Trade Mark License Agreements |
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Transfer of Technology Agreements |
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Intellectual Property Rights |
The term “intellectual property” refers to a bundle of exclusive rights that exist in relation to particular form or manner in which ideas/information are expressed or manifested. |
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As defined by the World Intellectual Property Organization (WIPO), “Intellectual Property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.” |
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Internationally, the main types of Intellectual Property Rights (IPRs) are: |
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Trade marks |
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Copyright |
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Patents |
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Designs |
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Geographical Indications |
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Semiconductor Integrated Circuits Layout-Design |
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Regardless of what product an enterprise makes or what service it provides, it is likely to be regularly using and creating a variety of intellectual property (IP). Thus, any business entity should systematically consider getting its IP registered and also protect it from being misused by others. When IP is legally protected and there is demand for the IP-protected products and/or services, IP can become a valuable business asset. |
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India is a party to the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the General Agreement on Trade and Tariffs (GATT) of the World Trade Organization (WTO). In fulfillment of its obligations under GATT, India has enacted laws in relation to all types of IPRs, which are reviewed and amended from time to time. The Indian IP laws are: |
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The trade Marks Act, 1999 |
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Copyright Act, 1957 |
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Patent Act, 1970 |
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Designs Act, 2000 |
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Geographical Indications of Goods (Registration and Protection) Act,1999 |
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Semiconductor Integrated Circuits Layout-Design Act, 2000 |
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The Indian IPR laws effectively provide for registration, protection and enforcement of IPRs in the country. They are in parity with international treaties, conventions and foreign country laws on the subject. |
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Our understanding of the immense value of IPR as an asset for any business entity encourages us to offer high-quality IP registration, protection and enforcement services to our clients. Our services in this field include: |
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Devising comprehensive IP strategy that involves identifying various IPRs of our client and suggesting ways and means to protect such IP |
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Registration of trade marks, copyright, patents, designs, geographical indications and circuit layout designs with the Government of India by drafting, filing and prosecuting relevant registration applications |
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Protection of IPRs through constant scanning of various journals and filing objections against registration of deceptively similar/infringing IP by others |
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Drafting, negotiating, reviewing and finalizing IP-related agreements which involve sale, transfer, licensing or assignment of IP between two entities |
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Conducting IP-specific due diligence which includes review, documentation and evaluation of all IPRs of the company |
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Providing legal advice and opinion on complex IP issues being faced by the company |
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Human Resource Law |
The Indian law in relation to Human Resources (HR) is a complex combination of Central and State laws. Diverse laws govern the various aspects of HR such as employment, compensation, harassment, safety at workplace, termination, corrective action, policies, procedures, benefits administration and records maintenance. A large number of compliances are required to be regularly fulfilled by employers under these laws on a monthly, quarterly or annual basis. |
| Some of the prominent HR-related laws in India are: |
Laws related to Industrial Relations: |
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Industrial Disputes Act, 1947 |
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Industrial Employment (Standing Orders) Act, 1946 |
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Trade Unions Act, 1926 |
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Minimum Wages Act, 1948 |
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Payment of Bonus Act, 1965 |
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Payment of Wages Act, 1936 |
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Laws related to Working Hours, Conditions of Service and Employment: |
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Contract Labour (Regulation & Abolition) Act, 1970 |
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Factories Act, 1948 |
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Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 |
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Sales Promotion Employees (Conditions of Service) Act, 1976 |
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Shops & Establishment Act |
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Laws related to Equality and Empowerment of Women: |
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Equal Remuneration Act, 1976 |
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Maternity Benefit Act, 1961 |
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Laws related to Social Security: |
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Employees’ State Insurance Act, 1948 |
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Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 |
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Payment of Gratuity Act, 1972 |
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Workmen’s Compensation Act, 1923 |
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Laws related to Deprived and Disadvantaged Sections of the Society: |
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Bonded Labour System (Abolition) Act, 1976 |
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Child Labour (Prohibition & Regulation) Act, 1986 |
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Besides the above HR specific laws, the relationship of an employer and employee also govern by following general laws; |
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Indian Contracts Act, 1872 |
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Intellectual Property laws |
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Specific Relief Act, 1963 |
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Law of Torts |
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Arbitration 7 Conciliation Act, 1996 |
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While these HR-specific laws are highly complex and difficult to comprehend by many, the onus is on the employer to understand them and comply with the provisions specified therein. Consequences of non-compliance are stiff. Failure to comply with the statutory requirements can result in fines, penalties, and in the most extreme cases, imprisonment for the Directors and/or the officer-in-charge of the Company. It thus augurs well for any business entity to be aware of the various HR-related laws and regularly comply with all the requirements. |
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We understand the intricacies involved in these HR-related laws and the difficulties faced by companies in complying with them. We, therefore, provide a comprehensive range of services to our clients that cover various aspects of HR in a company, including: |
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Drafting all HR-related documents such as job offer letter, appointment letter, transfer letter, appraisal letter, leave |
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Drafting employee-related agreements such as confidentiality, non-disclosure and non-solicitation agreements |
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Advising on the various compliances required to be fulfilled under applicable laws |
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Providing advice and opinion on complex HR-related issues faced by the company from time to time |
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Handling employee-related disputes arising out of termination, voluntary resignation, non-payment of dues, etc. |
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Re-drafting HR documents as deemed necessary and ensuring that the company becomes legally-Compliant |
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| Commercial Dispute Resolution |
Commercial disputes are disputes that arise between parties during the normal course of business. Parties to such disputes may be individuals, firms, private companies, public companies, government departments, statutory bodies, etc. |
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| Commercial disputes may be resolved through the following means: |
| Mediation, i.e., by mutual discussion and negotiation between the parties with the help of a neutral third party |
| Arbitration, i.e., by referring the dispute to an arbitral tribunal and resolving the same in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996. |
| Litigation, i.e., by filing an appropriate suit/application/petition before a Court of competent jurisdiction. |
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In case a commercial dispute involves any criminal element, a report/complaint may be filed before the concerned Police Station/Magistrate. The same would then be tried as per the provisions of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973, read with any other relevant law. |
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The litigation system in India is highly cumbersome and time-consuming. Hence, our approach is to take a pragmatic view of the situation and devise an optimum dispute resolution strategy for our clients. Sometimes this strategy involves using a mix of various dispute resolution tools at our disposal. At other times it means pursuing the case only through the courts. Our expertise and wealth of experience in this field allows us to visualize the outcome of each strategy and advise only the best route to our clients. Whatever may be the strategy, our sole objective is to get the desired result as quickly and cost-effectively as possible. |
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Broadly, our scope of services pertaining to commercial dispute resolution includes: |
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Devising appropriate dispute resolution strategy for our clients while keeping in mind their business interests; |
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Arranging for and participating in mediation proceedings on behalf of our clients; |
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Representing our clients in arbitration matters before the arbitral tribunal as well as the Court; |
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Handling all arbitration-related aspects including drafting of arbitration agreements, issuance of notice for initiating arbitration proceedings, filing of application for grant of interim relief, filing of application for appointment of arbitrators, filing of claim/counter-claim, challenging arbitral award in Court, etc; |
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Representing our clients in litigation matters before various Courts and Tribunals including the Supreme Court of India, High Court, Consumer Disputes & Redressed Commission, Foreign Exchange Tribunal, Telecom Disputes Settlement & Appellate Tribunal, Company Law Board, etc; |
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Handling all litigation-related aspects including drafting, filing and pursuing various types of suits, petitions, appeals, applications, replies, objections, etc. before different courts and tribunals. |
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The members of our team have a rich experience in the field of commercial dispute resolution. They have represented domestic as well as multinational companies in various matters pertaining to sale-purchase contracts, government contracts, building contracts, corporate law disputes, consumer disputes, tenancy disputes, recovery of debts, dishonor of cheques, anti-dumping cases, bank guarantee disputes, intellectual property disputes, telecom related disputes, etc. |
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| The members of our team keep themselves updated with the latest legal developments and judicial pronouncements in diverse areas of law, thereby ensuring high-quality legal services to our clients |
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The members of our team enjoy a good professional standing and are affiliated to various professional bodies such as the Supreme Court Bar Association, Delhi High Court Bar Association, South Delhi Bar Association, Bar Association of India and the Indian Council of Arbitration. |
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| Litigation |
Kalia Associates has a full-fledged Litigation Practice Group and is ably supported by team of lawyers who have in depth experience and understanding of the various facets of litigation in India. The Litigation Practice Group of the firm predominantly involves catering to the needs of Indian and multinational clients and has represented them in various disputes before different courts, tribunals and other for all over India. |
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Corporate and Civil Matters |
The firm has expertise in handling and dealing with a variety of matters including but not limited to suit for permanent and mandatory injunction, suit for declaration, suit for specific performance, suit for damages arising out of breach of contract or otherwise, claims for damages arising upon the wrongful termination of distributor or other agreements, defamatory suits, recovery claims, enforcement of secured assets and guarantees, property and rent disputes, proceedings relating to restrictive and unfair trade practices, complaints of oppression and mismanagement of companies before the Company Law Board and the Securities & Exchange Board of India, winding-up proceedings against companies, complaints before the Consumer courts, proceedings relating to prosecution for dishonor of cheque under the Negotiable Instruments Act, claims on behalf of secured and unsecured creditors before the Board of Industrial and Financial Reconstruction, execution proceedings relating to arbitration award and judgments passed by various courts and labour disputes. |
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