LITIGATION SERVICES
Litigation is one of the modes of resolving disputes. Usually the party aggrieved by the actions of another initiates the legal proceedings before the court of law by filing a complaint. The remedy sought for is also specified in the complaint. After this the other party is to file his response, arguments are to be presented by both sides (Plaintiff and Defendant). After this the final and the most important task is to be performed by a Judge. A judge has to refer to the law, analyse the facts, determine if there has been a violation of law, analyse the arguments raised by both parties in mind and determine as to whether the remedy requested for is required or not. After the detailed analysis the judge passes a decision and this marks the end of the litigation. But it is not so always, as simple as it sounds litigation in reality is complex and time consuming.
In litigation, it is customary to find the conjunction of law and fact; but occasionally there is no dispute about the facts, the question being entirely one of law; and against there is frequently no dispute about the law, but a dispute purely about the facts. Matters of law are for the judge, and matters of fact are for the jury; mixed matters of law and fact are for the jury, but properly dealt with they would be distinguished.
Biz and Legis offers superior quality litigation support and services. Our immense experience in this field gives us an edge over the others. We have catered to the needs of Individual client’s, Law firms and corporate entities. Our effective and accurate litigation support services have only benefitted the clients. Be it preparation of litigation strategy or court documents related to any litigation or any other kind of litigation support services our team of lawyers are always ready to help with any kind of legal trouble.
We have a strong Litigation team who can cater the requirement of corporate as well as the individual clients. It is important for a law firm in a jurisdiction like India to have wide network all over the nation, to have a timely and effective presence in all Courts across the country. We are privileged to have best contacts in each state, so as to have presence in all states of the country, so that we can ensure our clients that whatever may be their special requirement, and which court they may need our presence, We can assist them . We are the best litigation service providers in India giving best litigation supports and solutions globally.
We at Biz and Legis provide litigation services. Our dedicated team of lawyers are well trained to deal with any kind of litigation matter. The main areas of law wherein we offer litigation services are:
- Civil Litigation – We deal with all kinds of civil matters. Matters related to property law, family law, Consumer law etc.
- Criminal Litigation - Matters related to all areas in criminal law are dealt with by us.
- Corporate Litigation – We handle all matters related to corporate law. We handle all issues in corporate law from issues related to mergers and acquisition, shareholders dispute etc.
- IPR Litigation – We handle all litigation issues related to IPR matters, from piracy to injunctions for infringements etc.
Civil Litigation
In civil litigation the parties at dispute usually seek relief in the form of money damages or for specific performance. Civil litigation includes the matters related to:
- Landlord tenant
- Consumer laws
- Landlord / Tenant
- Environmental law
- Intellectual property law
- Labour laws etc
To succeed in a claim in civil litigation, the lawyer must posses:
- Knowledge of substantive and procedural law,
- Analytical reasoning abilities,
Criminal Litigation
In Criminal litigation the person would be tried for criminal wrong. The rules governing criminal litigation are different from those governing civil litigation.
Corporate Litigation
Corporate litigation is referred to as the litigation issues of a company. It could be related to any contracts so entered by the company, or any dispute with regard to the joint venture or related to mergers & acquisitions.
IPR litigation
IPR litigation is the litigation instituted after there has been an infringement of your rights granted under the intellectual property.
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India has one of the oldest legal systems in the world irrespective of its present geographical identity. The legal system and the jurisprudence in India stretch back into the centuries, obviously with the external influences from time to time.
The Indian Constitution was framed by the Constituent Assembly and came into effect from 26th November 1949, which is celebrated as the biggest written constitution of the world. The Constitution is divided into Parts and further into Chapters and Articles. The Constitution provides for a federal nation consisting of a Union of States. It provides for separate executives and legislatives for the Union and for each of the States and demarcates the powers of each. However the residual power is with the Union.
On the 28th of January, 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court of India came into existence. The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint.
Subordinate courts are divided into criminal and civil courts. The civil courts consist of Munsif courts and courts of Subordinate Judges. The jurisdictions of the lower civil Courts are decided based on the pecuniary limits of the claims as well as the territorial jurisdiction. Appeals normally lie from these courts to the District Court and then to the High Court. The criminal courts consist of Magistrates of first or second class and the Courts of Session. Appeals lie to the Court of Session and then to the High Court. Specialised tribunals are established under various enactments such as the Income tax Appellate Tribunal, the Company Law Board, the Sales Tax Appellate Tribunal, the Consumer Forums, the Central and State Administrative Tribunals, the Debt Recovery Tribunal. All these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function.
Litigation is an art, for a lawyer and a win or die event for a client. Expertise, experience, thorough legal knowledge, commitment and wide net work are essential for effective litigation practice.
We have a strong Litigation team who can cater the requirement of corporate as well as the individual clients. It is important for a law firm in a jurisdiction like India to have wide network all over the nation, to have a timely and effective presence in all Courts across the country. We are privileged to have best contacts in each state, so as to have presence in all states of the country, so that we can ensure our clients that whatever may be their special requirement, and which court they may need our presence, We can assist them.
Our team has thorough litigation experience in the Courts of Original Jurisdictions, Appellate Courts, High courts and Supreme Court. Our experience before various Tribunals and Forums are equally important considering the diversified judicial system in India.