Practice Areas

Litigation

Icon for Litigation
Icon for Litigation
At Lex Locum Consultants LLP, we offer an extensive range of litigation and legal services, streamlined to cater to various legal needs. Our expertise spans across multiple fields, with a significant emphasis on Information Technology, Social Media Laws, and Data Protection Laws. 

Arbitration in India is governed by the Indian Arbitration and Conciliation Act, 1996. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Arbitration is parallel to litigation, the parties at the time of entering into a contract, mutually agree that they would resolve their disputes by Arbitration, this agreement restricts the parties from approaching the Court for resolution of their dispute.
The parties may or may not decide in advance as to who would arbitrate their dispute. In certain cases, Arbitrators are appointed by Courts also. The arbitral award is executable in Court of law and no Appeal lies against the Award. However, objections to the Arbitral Award can be filed in Court.
LLP is well equipped to address the issues of relating to Arbitration. Former judges of Supreme Court of India and High Courts and Senior Advocates are associated with us, those who are qualified to be appointed as an Arbitrator. From the appointment of Arbitrator to the Arbitration process, every step would be taken care of by LLP.

Arbitration &
Mediation

Writ

A right without remedy is of no value, it is the remedy that makes a right meaningful, impactful and real. In absence of any remedy, there is no meaningful right at all. While enunciating fundamental rights, the Constitution of India sought to make them real by providing remedies for their enforcement.

Article 32 provides a guaranteed remedy for the enforcement of fundamental rights and this remedial right is itself made a fundamental right by being included in Part III of the Constitution. Under Cl.(2) of the Article, the Supreme Court has been given the power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by Part III of the constitution.
Under Cl.(3) Parliament is given the power by law to invest any other Court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme court under Cl.(2). And Cl.(4) guarantees that the right to move the Supreme Court under Art. 32 shall not be suspended except as otherwise provided for by the Constitution.

Drafting is one of the most fundamental parts of Litigation and often the most neglected. A single line or often a single word omitted, out of place or misplaced, can prejudicially affect the legal rights of the litigant. The difference between success and failure in litigation can often hinge on the quality of drafting.

We at Lex Locum Consultants LLC take the aspect of drafting very seriously. Our Partners are experts in the field of drafting and hold regular in-house meetings to inculcate and improve the skills of drafting amongst the Associate Advocates. Every draft is personally scrutinized by the Partners before it is sent for filing. In appropriate matters, we also open to taking opinion of outside Senior Advocates and specialists in the fields. The paramount objective of the Firm is to ensure that the interests of the clients are served in the best manner possible.

Drafting & Conveyancing

Taxation

Tax Law Expertise at Lex Locum Consultants LLP
 
Lex Locum Consultants LLP offers comprehensive services in both direct and indirect tax laws, catering to a range of tax-related matters:
 
Direct Tax Services:
 
  • Corporate tax planning to optimize tax efficiency.
  • Consultation on The Black Money Act, 2015, focusing on undisclosed foreign income and assets.
  • Tax guidance for infrastructure projects, including SEZs, tax holidays, and government incentives.
  • Succession planning and family arrangements, encompassing trust formation and other strategies.
 
Indirect Tax Services:
 
  • Analysis and advice on state-level VAT and the GST regime, including contract reviews for GST implications.
  • Expertise in customs and excise duties, and foreign trade policy matters.
  • Strategic assessment of tax costs and input tax credits for business models.
  • Reviewing business models to identify tax risks and uncover potential savings.
 
Our team is adept at navigating complex tax landscapes, ensuring clients are well-informed and strategically positioned.

The Corporate sector in India has been subjected to fundamental and pervasive changes over the last few years. From a new Companies Act, 2013 (which is being further amended) to constantly changing SEBI Regulations, an entirely new GST regime to Insolvency and Bankruptcy Code – a wholly new regimen of law and compliances has come into being for the corporates. 

The fora for corporate litigation has also changed from Company Law Board (CLB), BIFR/AAIFR and DRT/DRAT to NCLT and NCLAT.

It is important in these circumstances to effectively manage the change. Lex Locum Consultants LLP provides effective legal advise and legal assistance to enable all our corporate clients to identify the opportunities and advantages presented by the new legal regimen and harness the same to propel their growth

Corporate Law

Consultation

Consultation is an integral part of system of justice. Legal consultations are required for any commercial / business activity right from the inception of idea of commercial activities. The acquisition of property, appointment of staff, agreements with the vendors and customers require legal consultations and a proper advice can be useful to avoid any legal complication at subsequent stage. Lex Locum and its partners are excellent consultants and are available to provide advice for various legal/commercial requirements.
Consultation is also required before, during and subsequent to litigation. A good advice can avoid inconvenience and expenses.

Training & Research Initiatives at Lex Locum Consultants LLP
 
Training Programs:
At Lex Locum Consultants LLP, we acknowledge the critical importance of maintaining a respectful and inclusive workplace environment. To this end, we conduct comprehensive training programs focused on gender sensitivity and awareness:
 
  • Gender Sensitivity Training: These sessions are designed to educate employees about sexual harassment, clearly delineating acceptable and unacceptable behaviors in the workplace. Our aim is to foster a culture of respect and understanding, ensuring a safe and conducive work environment for all genders.
  • Organizational Responsibility Training: We emphasize the organization’s role in addressing sexual harassment at the workplace. This includes training on the processes of handling complaints, ensuring swift and fair resolution of issues, and maintaining a zero-tolerance policy towards any form of gender-hostile behavior.
  • Human Resource and Statutory Compliance: Our training also extends to other vital areas of Human Resource management and statutory compliances, equipping organizations with the knowledge to manage their workforce effectively while adhering to legal and ethical standards.

Training & Research

Litigation

The various fields in which the Firm conducts and manages litigation are:

At Lex Locum Consultants LLP, we offer an extensive range of litigation and legal services, streamlined to cater to various legal needs. Our expertise spans across multiple fields, with a significant emphasis on Information Technology, Social Media Laws, and Data Protection Laws. Our practice areas include:
 
  • Civil, Criminal, Constitutional, and Administrative Law
  • Corporate, Consumer, Banking, Environmental, and Family Law
  • Intellectual Property Rights, International Law, and Labour Laws
  • Service, Tax, and Cyber Laws
 
We represent our clients in diverse legal forums, from the Supreme Court of India to High Courts, District and Sessions Courts, Magistrate Courts, Family Courts, and Labour Courts. Our representation extends to various Tribunals, including:
 
  • National Company Law Appellate Tribunal (NCLAT)
  • National Company Law Tribunal (NCLT)
  • National Consumer Disputes Redressal Commission (NCDRC)
  • National Green Tribunal (NGT)
  • Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
  • And more specialized Tribunals in various sectors.
 
Additionally, we provide assistance in:
 
  • Sensitive internal and law enforcement investigations
  • Corporate mergers, governance disputes, and securities litigation
  • Bankruptcy litigation, complex settlements, mediation, and arbitration
  • Legal consultancy and formation/registration of companies and societies
  • Protection of intellectual property
 
Our approach is client-centric, focusing on delivering comprehensive solutions tailored to the unique needs of each case.

Alternative Dispute Resolution

Alternative Dispute Resolution at Lex Locum Consultants LLP

Lex Locum Consultants LLP excels in Alternative Dispute Resolution (ADR), offering expert services in both Arbitration and Mediation.

 

Arbitration Services:

  • Filing applications for arbitrator appointments in High Courts.
  • Petitions for interim relief during arbitration.
  • Objections under the Arbitration Act, 1999, for award annulments.
  • Execution of arbitration awards.

 

Mediation Services:

  • Facilitating peaceful, mutual settlements outside court.
  • Conducting mediation under section 89 of the CPC, with court-sanctioned binding agreements.
  • Offering comprehensive solutions through our team of trained senior mediators across various fields.

 

Our approach ensures that disputes can often be resolved amicably and efficiently, even pre-litigation, saving time and resources for all parties involved.

Data Protection Laws

Focus on Data Protection Laws at Lex Locum Consultants LLP
 
At Lex Locum Consultants LLP, we place a significant emphasis on the evolving sphere of Data Protection Laws. Recognizing the critical importance of data privacy and security in the digital age, our efforts are directed towards providing expert legal services in this domain:
 
  • Expertise in Data Protection Regulations: Our team stays abreast of the latest developments in data protection laws, both nationally and internationally, ensuring that we provide informed and up-to-date legal advice.
  • Compliance and Advisory Services: We assist organizations in navigating the complexities of data protection regulations, helping them to achieve compliance while maintaining operational efficiency.
  • Training and Awareness Programs: Understanding the pervasive impact of data protection laws, we conduct training sessions for businesses to foster awareness and understanding of these laws, emphasizing their significance and the need for adherence.
  • Legal Support for Data Breaches: In the event of data breaches, our firm provides legal support to mitigate risks and address any legal ramifications effectively.
 
Our focus on Data Protection Laws is a testament to our commitment to staying at the forefront of emerging legal challenges and ensuring our clients are well-equipped to handle them.

Writ Jurisdiction

Writ Jurisdiction at Lex Locum Consultants LLP
 
At Lex Locum Consultants LLP, our expertise extends to handling various types of litigations under writ jurisdiction, leveraging the wide-ranging powers of the High Court under Article 226 of the Constitution. Our focus includes:
 
  • Enforcement of Fundamental Rights: Filing petitions for the protection of fundamental rights infringed by state actions.
  • Orders and Directions: Seeking judicial orders or directions against arbitrary or illegal actions by public authorities.
  • Writs of Habeas Corpus: Addressing illegal detentions or arrests.
  • Writs of Mandamus: Directing public authorities to perform their duties.
  • Writs of Prohibition: Preventing lower courts or bodies from exceeding their jurisdiction.
  • Writs of Quo Warranto: Challenging the legality of someone holding a public office.
  • Writs of Certiorari: Seeking review or quashing of lower court decisions.
  • Legal Rights Enhancement: Beyond fundamental rights, addressing legal rights infringements under Article 226.
 
We approach each case with diligence and circumspection, understanding the need for restraint and public interest while using these extensive powers.

DRAFTING AND CONVENACING

Expertise in Drafting and Conveyancing at Lex Locum Consultants LLP

At Lex Locum Consultants LLP, we specialize in the intricate practice of drafting and conveyancing, offering a wide array of services to both corporate entities and individuals. Our expertise encompasses the creation and management of diverse legal documents, tailored to the unique needs of each client.

Corporate Documentation and Conveyancing:
We assist businesses in navigating complex corporate transactions with proficiency and legal acumen. Our services include the drafting of documents for mergers and amalgamations, outlining the legal frameworks for entities to combine or absorb businesses. In commercial contracts, we ensure clarity and legal rigor, whether it’s for routine operations or high-stake negotiations. Our expertise also extends to managing legal aspects of takeovers, from due diligence to the final agreement, ensuring compliance and protecting client interests. In tender processes, we provide comprehensive support in drafting and reviewing tender documents, ensuring they meet legal standards and business objectives.

Individual Conveyancing Services:


For individuals, our conveyancing services are designed to provide peace of mind and legal security in personal transactions. We draft clear and legally sound wills, enabling clients to effectively manage their estate planning. In matters of gifting, we ensure that all legal formalities are meticulously followed for a smooth transfer of assets. Our expertise in real estate is evident in the drafting of sale deeds and agreements for sale, where we meticulously detail the terms and conditions of property transactions. Additionally, we assist in forming partnership deeds, crucial for the establishment and smooth operation of partnerships, and in drafting rent deeds for property leasing, ensuring legal protection for both landlords and tenants.

Our team at Lex Locum Consultants LLP takes pride in offering turnkey solutions in drafting and conveyancing. We understand the nuances of legal documentation and work closely with our clients to ensure their legal rights are comprehensively protected and their transactions are executed seamlessly.

Corporate Law

Corporate Law Services at Lex Locum Consultants LLP
 
At Lex Locum Consultants LLP, we specialize in corporate law with a team of experienced partners and a panel of expert advisors including retired judges, senior advocates, and financial professionals. Our services are comprehensive, covering a wide range of corporate needs:
 
  • Handling corporate litigation cases.
  • Facilitating mediation and arbitration.
  • Assisting in company formation processes.
  • Advising on mergers, amalgamations, reconstitutions, and takeovers.
  • Dealing with corporate debt, insolvency, and liquidation proceedings.
  • Guiding on corporate branding and franchising.
  • Managing inter-corporate transactions.
  • Drafting and reviewing international commercial contracts.
 
Our approach is to provide holistic, turnkey solutions for all corporate legal requirements.