The Influential Law Firms in Maharashtra 2019

VOL 6 JUNE-2019

10LAW FIRMS

ISSUE 1

T H E

MOST INFLUENTIAL IN MAHARASHTRA

LAW AND ORDER 2010 – 2019: A Decade in Judgements

FINDING FINANCE 5 Government Schemes Driving the Startup Culture in India

Vishal Kale Founder

KALE & SHINDE A RIGHTEOUS LAW FIRM BUILT ON TRUST

Editor-in-Chief Pooja M. Bansal Managing Editor Devasish Kanojiya Executive Editor Sneha Sinha Art & Design Head Amol Kamble Associate Designer Poonam Mahajan Art & Picture Editor Rahul Kavnekar Co-designer Priyanka Rajage Sales Executive Kirti Vidhate Technical Specialist Amar, Pratiksha Digital Marketing Manager Prashant Chevale SME-SMO Executive Ketki Vaze Circulation Manager Tanaji sales@insightssuccess.com

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Editor

From the

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The Evolving Judiciary

he Legal System of a country is often a reflection of the society it governs. Laws in a democratic country like India are made by the representatives that common people choose. They are then implemented by chosen or elected people in prominent positions and followed by the citizens.

Maintaining the law & order situation isn't just the duty for those on top of this hierarchy, but everyone. Laws let people understand the conduct that is expected of them while going about their business, work or daily life.

As such, it becomes important that the laws be relevant with changing times.

The Indian Legal system too has evolved and kept up with times. Major changes have been done to make it more efficient, reliable, citizen-friendly and progressive.

Landmark decisions like equal work for equal pay, the legality of UIDAI, Live streaming of court proceedings are just a few steps to mention. With e-courts, the Judiciary has become more interactive and accessible.

With Fast-track courts, quick disposal of pending as well as minor and new cases is now possible. Special courts for trial of criminal cases against MPs and MLAs are making the lawmakers answerable to common people, a true sign of democracy. Through RTI, PIL and such offerings, common citizens can directly knock on the gates of the judiciary for matters that are pressing.

The judiciary is also embracing technology, which is an inseparable part of one’s life. Mobile applications like ‘Tele-Law’ and ‘Nyaya Bandhu’ are aimed at offering legal advice related to Indian laws and procedures. As Thomas Hobbes, English Philosopher said, “The Law is the public conscience”; the Indian Judiciary too is truly reflecting the changing temperament of the Indian Society and is keeping up with it in all possible ways.

Sneha Sinha

Cover Story INTERVIEW WITH INSIGHTS SUCCESS

16 AMANCHI LEGAL & CO

Helping Businesses Overcome the Legal Barriers

ARTICLES 24

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LAW AND ORDER 2010 – 2019: A Decade in Judgements

36 FINDING FINANCE

A RIGHTEOUS LAW FIRM BUILT ON TRUST

5 Government Schemes Driving the Startup Culture in India

CONTENTS CXO

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42

TRENDING NOW

EXPERT’S VIEW

M&A Boom in India: Recent Trends and a Bit of Crystal Ball Gazing

Legal Awareness in India

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20 AZB & PARTNERS

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Providing Bespoke Counsel to Diverse Clients

28 INDIA LAW ALLIANCE Providing Quality Legal Resolutions, Consistently

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34 RADHIKA ARORA Handling Facets of Law with Expertise

40 YENDE LEGAL ASSOCIATES Providing Better & Affordable Legal Solutions

Firmly Rooted in Law

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iving by the law is an integral part of life. But when it comes to legal matters, a deep knowledge of the laws and the legal structure is essential. While everyone is busy with their own life and work, it is up to the lawyers and law firms to advise them time and again about the legal intricacies of running a business or otherwise.

The legal firms today are very competitive, streamlined, and accessible and at the same time thoroughly professional. In this issue of Insights Success, we are glad to enlist “The 10 Most Influential Law Firms in Maharashtra”. These legal firms are providing legal advises in a manner that is relevant with the times today.

The Cover Story of this issue features Kale & Shinde Associates, which is a knowledge and research-based leading Law Firm.

Also featuring in this issue are AZB & Partners, a law firm providing reliable, practical and full-service advice to clients, across all sectors, India Law Alliance, a boutique law firm with a competitive edge, focused on dispute resolution, Radhika Arora and Associates, a Legal Firm that holds expertise over several facets of practice of law in India, and Yende Legal Associates, a law firm of repute providing timely and efficient legal service, consultation and solutions.

The issue also highlights the Expert’s View of Prakash Sinha, Founding Partner at Prakash Sachin & Co. Catch-up with Trending Now , as Prashant Kataria, Partner, Lexygen shares his views on M&A Boom in India: Recent Trends and a Bit of Crystal Ball Gazing .

In an insightful interview, Arjun Amanchi, Founder , Amanchi Legal & Co shares his views on various aspects of the legal industry. Familiarize yourself with the Chief Justice of India over the past few years in our in-house article 2010 – 2019: A Decade in Judgements in Law & Order. Learn about Government Initiatives to fund the start-ups in 5 Government Schemes Driving the Startup Culture in India under Finding Finance.

We hope you enjoy reading this issue as much as we did while creating it!!

Cover Story

KALE & SHINDE A RIGHTEOUS LAW FIRM BUILT ON TRUST

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Our vision is to emerge as the most trusted global law rm which is distinctly different from all its peers and become a role model for all aspiring law professionals worldwide

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Vishal Kale Founder

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he Legal System is machinery built up of procedures or process that interpret and enforce the law in any country. A country’s legal system is shaped by its unique history, individual as well as collective thinking and contemporary influences. Most of the legal systems are generally based on four basic systems and are based on its various combinations; civil law, common law, statutory law and religious law. The Indian Legal System is no exception with the founding stones laid by the British and the final structure provided by the great Leaders of Independent India. For an enterprise to work in a given country, it must be able to comprehend and comply with various laws of the land.

Given the varied nature and complexities of the Indian legislature, it isn’t easy for a single person to handle it all. So it has to depend on lawyers, who specialize in different areas of practice but keeping up with every one of them too can be a task in itself. One may find oneself running from one lawyer to the other in search of an effective solution. Recognizing this need of society and in order to simplify legal solutions, Kale & Shinde Associates, Law Firm (KASA) emerged as the first ever single-window legal solution provider for its real estate and corporate as well as individual clients. That was in

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KASA is focused on offering its value-driven services in the niche and highly complex transactional areas

the year 2005-06. A decade and a half down the line, the Law Firm has created its list of dedicated clients by• • • • •

resolving the most complex legal challenges, constantly challenging themselves, bringing innovative ways of thinking continuous update of knowledge of respective laws adopting technologies to simplify client needs and requirements.

Virtuous Founders KASA is the resultant of a collective effort put together by its Founding Partners Vishal Kale, Prashant Shinde and Hemant Shinde. Vishal, who completed his Law studies in 2001, grew up inspired and influenced by his father, who was Professor at Law and an eminent lawyer in his prime. Watching him interact with clients of different background who came with an issue and left with a happy heart, always appealed to Vishal. Once he started practising, his acumen led him to realise how giant real estate clients and corporates have to run around to different lawyers for different issues. His expertise in subject has led him to become Arbitrator in

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various matters. Sensing opportunity, he flew happily to various cities and courts and prepared his team in such a way that different lawyers holding expertise in different areas of the law came together under one umbrella for helping their clients as one window solutions for their every legal needs. Thus began the journey of KASA. The founders envisioned the growth of the law firm on a global level on a few foundational principles – “a democratic organisation led by meritocracy to offer trust-based services which are governed by in-depth research, knowledge, core values, client centricity and professional ethics.” The organizational approach of KASA is to –

More about the LAW FIRM KASA has extensively worked with clients from almost all conceivable backgrounds in India and is also advising International Corporation entering the Indian market. It has a distinctive way of thinking, working and behaving across borders, issues and practices. Its robust team of multi-disciplinary professionals are not only experts on law but also have the in-depth market knowledge and sectoral insights. It has developed a high-performance culture necessary to innovate and change the face of business. Its core commitment to assist clients to deliver their key business strategies has seen it build respectable national network now spanning 3 offices at Pune [Headquarter], Mumbai and Delhi. It is known for its strategic legal, regulatory, compliance and litigation services backed by integrated cross-functional sector expertise.

Dedicated to personal and high-quality support and effective solution-oriented advocacy, it handles legal aspects of every nature. It is known in the area of practices of litigation for quick disposals having flexible timings and workout. It has its own team of Advocates, Associates and Consultants expertise in the respective field in Civil Courts, District Courts, Consumer Forums, various Tribunals like NCLT and NGT, High Courts,

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We work to continuously uphold the dignity of the legal profession and command respect from its peers, competitors and overall legal fraternity worldwide

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• create challenges, progression and rewards in a meritocratic structure • developing behavioural competency • delicately balancing accountability with freedom and • adopt other proven management practices that empower the team to deliver the best.

State Commissions, National Commission and Supreme Court of India. It offers comprehensive 24 hours, 365 days a year legal service, and quick solutions including representations in litigation area at civil and criminal hierarchy Courts of law, banking sector, corporate sectors, Company law and Arbitration. Its practice areas include but are not limited to: • • • • • • • •

Arbitration and Dispute Resolution Intellectual Property Legal Audit Litigation handling and Legal advisory Corporate Law Advisory Merger & Acquisitions Regulatory & Policy Corporate Training

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We intend to become a Firm where clients take pride in engaging us in their most complex and high-value transaction

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KASA has been part of several landmark and high profile cases, quoting illustrations can be ; Abhay Chhajed V/S Madhuri Misal and 2 others – This high profile case involved allegations that the EVM has been tampered with in the 2014 election by Bhartiya Janta Party candidate. Vishal represented Member of Legislative Assembly – Smt. Madhuri Misal candidate of Bhartiya Janta Party in the Bombay High Court and the case was presided over by her Ladyship . Justice Mridula Bhatkar. After a gruelling session of representing facts, rules, exhibits and proofs, the court ruled in favour of KASA client i.e. Madhuri Misal. The election petition stood dismissed. The importance of VVPAT machine and the forensic report of EVM machine stating it as nonnetwork, stand alone had a major impact on the use of EVM machines in Indian Elections and making it trust worthy. The case is now often referred to as a land mark judgment in other EVM cases throughout India.

PIL no 93of 2009 Deepak BalkrishnaVahikar and other V/S The State of Maharashtra and others The Public Interest Litigation (PIL) was filed for the effective implementation of the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. In exercise of the powers conferred by the Act, the Bombay High Court has dealt with the procedures and lapses of the said Act and further gave guidance for framing of the Maharashtra (Urban Areas)

Vishal has appeared as Counsel in various International Arbitrations.

Evolving Legal System in India The legal system in India has often been a subject of debate on its effectiveness. Vishal believes that the

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We strive to maintain the highest standards of professional excellence in all our engagements

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Head-turners

Protection and Preservation of Trees Rules, 2009. Vishal represented the petitioners to save the trees and the green cover of environment. The PIL was heard by his Hon. Justice D.Y. Chandrachud. As a result of this case, the set of rules and procedures for cutting of trees were formulated and it became the landmark judgment wherein now almost all the municipal corporation in Maharashtra are following. The case amended and laid out detailed rules and regulations regarding the procedure of felling of trees, their rehabilitation, plantation drives and more. These rules are now followed in the entire state of Maharashtra. It also introduced geo tagging of trees a new technology which changed the way of counting trees,

machinery is there to control crime and is effective too.

What needs to be done is to educate the innermost part of the society about it. The rural areas and people in the remotest portions of the country should be made aware of their rights and responsibilities. It is together, with the help of each and every citizen, contributing to the cause is when the law and order condition would be impeccable. The lawyers are responsible for justice delivery and together with the Bench and Judges they should aim for effective implementation of law and its procedure to eradicate the pendency of litigation in country.

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Neither do I want kingdom nor heaven, nor rebirth. What I want, is to strive, to end suffering of those, who are burning on the pyre of their difculties

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In the same line, digitization and e-courts are now changing the face of the Judiciary for better. It is spreading the level of awareness that is required at this hour. People just need to download apps to know about laws, regulations, status of various cases and more. It is also serving as an ice-breaker between lawyers and the citizens and making interactions easier and focused. It is making the judiciary more transparent, centralized and quick. Lawyers too are reaping several benefits lines getting dates online for their cases instead of hiring people and running them around just to get a date. As such they have much more time to focus on several complex legal issues.

Being Responsible Like it is said, it is easier to nurture young and KASA has encouraged every budding talent who has come across any of the partners. KASA has always promoted young advocates to lead the matters which enrich their confidence and experience both off and in the Court Halls. For the young and budding lawyers in the country, Vishal suggests that as Law has many branches, the sky is the limit when it comes to learning and exploring the legal path. But he firmly mentions that “While doing duties, don’t consider law as a business but as a noble profession. While doing duties perform responsibility to the best of your capacity. Assist the needy and poor to get justice and contribute to nation in one way or other.”

Vishal and KASA too are involved in several social activities. The environment is a cause very close to his heart and thus they arrange for and regularly take part in tree plantation drives. The firm and each individual of firm contribute for one day in a month for free legal consultation in rural areas.

Through Sampark Organisation they assist in providing education and food for poor and children They educate, contribute and take active participation in rehabilitation work.

Journey Ahead Instead of competing with others, Vishal believes in improving oneself. He wants KASA and its associate lawyers to “Be the Best in whatever areas they are working.” The firm has already found footholds outside India and will continue to seek opportunities around the globe. They are firm as they march ahead to realise their mission to continuously build and maintain the KASA thought leadership and its meritocratic organizational structure based on key strengths of advocacy, academic, research, technology, creativity and organizational behaviour.

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Amanchi

Legal

& Co:

Helping

Businesses Overcome the Legal Barriers Arjun Amanchi Founder

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he Legal Industry in India is warming up to global practices, faster decision making, and using technology for enforcing and upholding law. In the following interview with Insights Success, Arjun Amanchi, Founder of Amanchi Legal & Co and a practicing lawyer, talks about the company, the businesses it supports, the changing face of Indian Law and more.

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Interview with Insights Success 1. Brief us about you and your company.

Arjun Amanchi, an Indian Resident from Mumbai, is a Practicing Corporate Lawyer, Company Secretary & Business Counsel; By Qualification He is a Management Graduate from Indian School of Business, Fellow Member of the Institute of Company Secretaries of India and Qualified Advocate of Bar Council of India, attached to Maharashtra & Goa Bar Council. Arjun has professional experience of more than 11 years in the field of Commercial Laws, Tax Laws, Inception & Insolvency Laws, and Currently, he is Managing Partner of Amanchi Legal & Co. The seeds for Arjun Amanchi & Associates/ Now Amanchi Legal & Co were sown as far back as 2007.

Over the years, the seeds have germinated into a fullfledged Business Law Firm that has assisted countless businesses get off the ground; make a name in the marketplace and overcome legalities and barriers with panache. With a complete bouquet of business legal services including consultancy, compliance, legalities, even research and statute analysis; we became the pillars that drove many businesses to the next level. All This has been achieved with the help of our experience & teammates, who share our vision to make your business outshine others in the marketplace. With a strong belief in only long term associations, we have scripted countless success stories with numerous clients.

Amanchi Legal & Co / Formerly Arjun Amanchi & Associates is an enterprise Firm on a mission- To make Amanchi Legal & Co an acclaimed business law firm of India in our segment.

2. Kindly brief us about the initial journey and your contribution towards the upliftment of the company.

My Practice started even before I qualified to become professional and use to render my services, It all started from my home, I used to travel out for my town for my studies, based on my sincerity, education and exposure, neighbours and the locality people used to come to me and seek information/knowledge about their particular issue or requirement, I started providing them required information and assistance, eventually without even asking for fees, I used to get fees for service, which

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Expertise Breakthrough Legal Solution

Domestic / International 90-10

Offices Mumbai Lawyers 07 Year of Establishment 2007

motivated me to open my very one consultancy catering paralegal services and tax consulting services, and eventually got professional qualification on go which boosted my practice, further Post which I never looked back, I got early fame and success, and this success story made me take business risk and adventurism in entrepreneurs through which I got immense learning of business world outside of my industry, experienced failures at my entrepreneurship journey, which made me to work and look upon what makes business failures !

That’s how my journey for business research and consultation started and my clients benefited largely from this, this pro-business quality of my firm makes our client think of us as their Vazir for their legal & business challenges.

3.What are the distinct areas of practice of the company?

Our USP 1) Crafted Legal Solution addressing the Business Issue.

2) Designing & Implementing Legal Framework for

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Start-Up & MSME, which helps them to avoid 90% of Legal Problems and 50% of Business Challenges.

3) Our Advisory, Consultation & Arbitration Proceeding with respect to dispute management & resolutions for the businesses within their business or outside of their business.

4) In case of litigation practice, we work based on Pentagon Five Sided Approach.

4. Share your views regarding the Legal / Law and Order condition in India?

Legal Ecosystem of our country for Businesses in India:Too much of regulations, including no match of regulations with taxing nature of our legislation making businesses in this country a little tougher and complex, what we need is simplification and which will ultimately bring amplification.

For 85% of Unorganized Business, we don’t have matching regulation and taxing them as if they are Corporates, the employees working under this have no security, since such business have no sustenance, This segment lacks financial support and legislative support including ecosystem to make them organized and get into the next stage of business life cycle. We are applying all the laws which apply to all medium to large companies and forcing this 85% of businesses to fit into it, which will the economy if we don’t take time corrective measures.

As far as Law and Order Condition:- We as a country improving at it at a good speed, Whereas the implementing Body like Police Department & Bureaucracy still far behind the people expectations, we need to bring new breed and reforms under Police Department & Bureaucracy to match the changing times.

5. Will e-court platforms and digitization of judicial process help the Law Firms and the citizens equally?

Please share the company’s view.

Yes for the 15 To 25% of the Business Segment and Citizen’s and not for the remaining segment, Since the need his simplification of regulation as compared to the process at this juncture, Peoples expectation is for speedy and timely justice and the process which they can

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understand, but our legal system facilitators like Lawyers and Process takes away this expectation many times.

Benefits of Digitization are many but let’s understand who my large stakeholders are? Litigants, right? What they want timely justice and settlement, and this is possible when we increase our judge’s ratio per no of cases and multiple opportunities for outside court settlements.

6. How does the firm intend to handle its Societal Responsibility? Please mention any special charity or educational program as such.

Our Intent is to educate, give awareness and spread wisdom through our work irrespective of pay in return, we do it every time through our work and otherwise at various forum, social organizations and groups.

7. What would be your advice for the budding startups and entrepreneurs in the industry?

Ample of opportunities, Just Stand Up , Go To The Place Where You Can Become Access Point For People, Don’t get diverted and dwell upon busy wall streets you may make money but not name.

Always remember Legal Practice is a Profession an Not Business, There is a very thin line difference between both of it, be aware and conscious about it before it takes you on the ride, be patience, practice will grow for sure but what is the use of speed when you have same amount of time as others, so simply the journey of this noble profession where you will witness all season.

8. Brief us about the company’s future perspectives.

As of now, we are busy in concreting our foundation, as we believe stronger the foundation, Higher the sustenance and longer the growth.

Our Aspiration is to have one office one nation at appropriate place in India and to have global centre’s to help foreign clients with businesses in India.

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AZB & Partners

Providing Bespoke Counsel to Diverse Clients understanding of the legal, regulatory and commercial environments in India and abroad.

The Founding Members The Founder figures include Zia Mody, Ajay Bahl and Bahram Vakil who have contributed to where the Firm is today, both in terms of its collective commitment to quality and the passion for what they do.

Zia Mody, Founding Partner Ajay Bahl, Founding Partner Bahram Vakil, Founding Partner

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The tone from the top is the key and we believe we have it

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ZB & Partners was founded as a full-service firm, combining the practices of CZB & Partners in Mumbai and Ajay Bahl & Company in Delhi. Since inception, it has steadily grown and now has offices in Mumbai, Delhi, Pune and Bangalore. The company’s strength lies in its team of over four hundred lawyers, each with a key

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Zia Mody is counted amongst India’s most formidable corporate lawyers. She holds an unmatched authority on corporate law, mergers and acquisitions, securities law, private equity and project finance.

Ajay Bahl, considered one of India’s foremost corporate attorneys, has been involved in complex and high profile legal and tax transactions. Apart from being a lawyer, he is a qualified chartered accountant, which strengthens his expertise in structuring, restructuring and transfer pricing related issues.

Bahram Vakil is regarded as a renowned restructuring, bankruptcy, infrastructure and project finance attorney.

Diverse Areas of Practice AZB & Partners value teamwork as well as individual initiative and contribution. The teams are encouraged to think laterally and solve problems with a fresh and relevant perspective. It is a full-service law firm, with high expertise in the following areas of practice: 1.

2.

Corporate / M&A, Private Equity Litigation

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3. Competition / Antitrust 4. Tax practices 5. Banking & Finance 6. Capital Markets Its clients include many renowned domestic and international companies ranging from privately owned to public ones. Through its professional engagement, the firm has built a strong relationship with specialists, regulatory authorities and several international law firms.

Views on the Legal System The Firm believes that in many ways, the Indian legal system is extremely advanced and in others, it falls short terribly. And it is the delay that renders it short.

The founders say, “We have some catching up to do for our laws to reflect the global perspective of our country. Our laws should provide for easier investment in and out of the country, which will help to strengthen India’s position in the global economy.”

The Firm believes that as we move into the age of technology, e-court platforms and digitization of the judicial process are the obvious next steps for India’s legal environment and will certainly help law firms and citizens alike. These efforts will allow legal firms to streamline the legal processes, allowing everything to be more transparent and cost-effective. However, it will need to be accompanied by education, so that the technology can be employed proficiently, rather than increase inefficiencies.

Being Responsible The Firm is a big supporter of the Jai Vakeel Foundation (erstwhile The Research Society), an NGO that works with the disabled as well as Teach for India. It also does pro bono work for several Microfinance companies, water.org and other worthwhile causes.

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It regularly participates in ‘GiveIndia,’ a program for corporate employees and organizations to give back to society directly from their payroll. Several of its lawyers and staff donate an amount of their salary every month to charities they believe in. GiveIndia helps it achieve this in an easy and responsible manner.

Miles to Go The founding members using their experience, advice the young entrepreneurs, “To invest in their professional careers with passion, to believe in enhancing their domain every day and do not want short term solutions and have long term goals.”

As for AZB & Partners future outlook, they intend to grow the firm’s presence into other cities in India and maintain its position as a leading firm in the Indian legal market.

Company Expertise Corporate/M&A

Domestic / International 50 / 50

Offices Mumbai, Pune, Bangalore and Delhi Lawyers 430 Year of Establishment 2004

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2010 – 2019 A Decade in Judgements T

he Supreme Court of India is the highest judicial and appellate Court under the Cons tu on of India. The Chief Jus ce of India (CJI) is the head of the judiciary of India and the Supreme Court of India. The CJI also head the administra ve func ons. Since 26th January 1950, 46 people have served as the CJI, H J Kania being the ďŹ rst one.

Here's a look at the CJI and their famous judgements form the current decade (2010 - present)

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June 2019|

Law and Order TH

KONAKUPPAKATIL GOPINATHAN BALAKRISHNAN - 37 CJI In Service – 14 January 2007 – 12 May 2010 Renowned For • In a Kerala High Court judgement he asked the elec on commission to debar the poli cal par es which impose hartals on the public causing them suffering.

• In 2010, he passed a judgement prohibi ng narco-analysis in interroga ons.

SAROSH HOMI KAPADIA – 38TH CJI In Service – 12 May 2010 – 28 September 2012 Renowned For • Quashing of the appointment of Central Vigilance Commissioner P J Thomas in 2011 • Vodafone judgment -- Vodafone was embroiled in a $2.5 billion tax dispute with the Indian Income Tax Department over its purchase of Hutchison Essar Telecom Services.

ALTAMAS KABIR – 39TH CJI In Service – 29 September 2012 – 18 July 2013 Renowned For • In 2011 he ruled that female rela ves of a husband can also be booked under the Domes c Violence Act. • He also presided over the contempt case against prominent advocate Prashant Bhushan a er he alleged that half out of the last 16 CJIs had been corrupt.

PALANISAMY SATHASIVAM – 40TH CJI In Service – 19 July 2013 – 26 April 2014 Renowned For • The Reliance Gas Judgment wherein he emphasised the use of natural resources through public sector undertakings.

• In January 2014, a three-judge panel headed by him commuted sentences of 15 death-row convicts.

RAJENDRA MAL LODHA – 41ST CJI In Service – 27 April 2014 – 27 September 2014 Renowned For • He headed the commi ee that suspended the owners of Rajasthan Royals and Chennai Super Kings from the Indian Premier League cricket tournament for a period of two years for alleged involvement in be ng.

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HANDYALA LAKSHMINARAYANASWAMY DATTU – 42ND CJI In Service – 28 September 2014 – 2 December 2015 Renowned For • He gave a decision jus fying the permanent job status for all temporary contract jobs employees working in the High Court of Chha sgarh.

TIRATH SINGH THAKUR – 43RD CJI In Service – 3 December 2015 – 3 January 2017 Renowned For • He lamented the inac on by the government in increasing the number of judges.

JAGDISH SINGH KHEHAR – 44TH CJI In Service – 4 January 2017 – 27 August 2017 Renowned For • He gave a significant verdict holding that the principal of ‘equal pay for equal work’ has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same du es as the regulars.

• He was also a part of the bench which sent Sahara Chief to jail while hearing the ma er rela ng to the refund of money invested by people in his two companies.shant Bhushan a er he alleged that half out of the last 16 CJIs had been corrupt.

DIPAK MISRA – 45TH CJI In Service – 28 August 2017 – 2 October 2018 Renowned For • A three judge bench led by him upheld the death sentence awarded to the four convicts of the Nirbhaya rape case • It was a bench of the Supreme Court headed by Jus ce Misra that se led the 120 year old dispute over the Cauvery river • Presiding over a Cons tu on Bench, on Sec on 377 IPC ( Homosexuality) he struck it down par ally ci ng it to be irra onal, indefensible and manifestly arbitrary.

RANJAN GOGOI – 46TH CJI In Service – 3 October 2018 – Incumbent ( ll 17 November 2019) Renowned For • A 3 judge bench headed by CJI held the divestment of the CBI Director Alok Verma without authorisa on by Selec on Panel was illegal and reinstated him.

• In 2018, a bench headed by the CJI held that a member of a SC/ST community from one state cannot claim benefit of reserva on in government jobs or admissions in one State, if their caste is not no fied there.

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Sneha Sinha Disclaimer-The informa on and data have been collected from various sources

June 2019|

India Law Alliance

Providing Quality Legal Resolutions, Consistently The Founding Duo The Firm was founded by its Founding Partners, Anupam Dighe and Kamlesh Kharade.

Anupam is a lawyer from Mumbai and Solicitor from England and Wales (Non-practicing). He co-founded the firm, with a vision to provide clients with quality services and high investment of time from lawyers. He believes that his resources are his greatest strength and that human capital is the most undervalued but over performing asset of any organisation.

Kamlesh is a lawyer and Notary Public from Mumbai and Solicitor from England & Wales. He co-founded the firm with a vision to serve corporates and businesses that could not afford the hourly rates set out by tier I firms. He focuses on providing quality attention to detail and well-founded advice from lawyers that corporates could rely on. He believes in an honesty-driven approach, both with clients and his own team.

Anupam Dighe, Co-founder

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Our lawyers have significant experience in handling all types of disputes before various courts, forums and government authorities

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ndia Law Alliance (ILA) is a boutique law firm with a competitive edge, focused on dispute resolution. Its initials ILA stand for its core values of being Invested, staying Loyal and being Agile. It enjoys a market share in Arbitration and Dispute Resolution. It also specializes in dispute resolution strategy, legal advice and execution of litigation and arbitration. The Firm has represented clients at the Supreme Court of India, High Courts of various states, National Company Law Tribunal, Securities and Exchange Board of India, Securities Appellate Tribunal, and many other dispute resolution tribunals and boards.

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Both the Founding Partners have worked with common goals and vision, to gradually but surely scale the firm to greater heights. They keep their ear to the ground, understand their client’s needs, take a solution-oriented approach towards every matter and are excellent mentors to the team at the firm.

Distinct Areas of Practice The firm is focused on four broad areas of practice.

General and Corporate Litigation It provides a solution-oriented approach to disputes or potential disputes. It works closely with the clients to understand their pain points and commercial interests, in order to represent and protect them efficaciously.

Arbitration International arbitration courts are fast becoming the battlegrounds on which the world’s largest companies are resolving their disputes to protect their interests. As a firm, ILA had a first mover advantage in this arena, given the clients it represents and their need to resolve disputes, swiftly. The firm enjoys an extensive experience in alternative dispute resolution, with a special focus on

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arbitration both in the Indian courts and before various domestic and foreign forums.

Tax Litigation This is the firm’s key practice of providing advisory and litigation legal services, for both direct and indirect tax. It holds tax law expertise and has a unique ability to simplify extremely complex aspects of the same, for the ease of its clients. Its opinions and interpretations are often sought by experts and courts in India and internationally and has also advised leading multi-nationals and large Indian business houses.

Insolvency and Bankruptcy In India, the Insolvency and Bankruptcy practice is a relatively new one, with the legislation itself being at a nascent stage. ILA’s pre-existing litigation experience has enabled it to obtain favourable resolutions across a host of forums—for all types of insolvency-related litigation, oppression & mismanagement, Winding-up Petitions.

Views on Legal Situation and e-courts The law and order condition in India, according to the founding duo, has evolved gradually but surely. They say, “We are glad to see that courts and arbitral tribunals are focused on resolving conflict, enabling parties to move forward. In the last couple of decades, we have seen our judiciary deal with some grave and complex issues, swiftly and efficiently.”

With the launch of e-courts, the firm believes it to be a harmonious amalgamation of technology with the law. Like FinTech, it suspects that Legal and Tech will soon become unanimous. It sees new trends emerging, such as: • artificial intelligence being used for legal research, • predictive technology to forecast the results of cases, • and using technology to standardize contracts and drafts.

Taking a huge leap towards digitization, the Supreme Court digitized one crore five lakh pages and records of civil appeals in an endeavour to embrace technology. The launch of the Integrated Case Management System (ICMIS), for promoting digitization of government service delivery to Indian courts extends the flagship program. The firm has started making the stride in that direction and it is only a matter of time before technology transforms the way courtrooms function.

Handling the Social Mantle The firm is very sensitive to clients or potential clients coming from the lower income group. Most of the times, it tries to mediate between the parties, and draw their attention to the cost they will have to incur, should they take the litigation route. Apart from this, if parties have |June 2019

Kamlesh Kharade, Co-founder irreconcilable differences or the other party refuses to come to meet the lawyers, then they take the cost on actuals like court fees but do not charge a fee for the services and time.

Inspiring the Young The founders remind the young practitioners that “We would tell anyone kick-starting a journey, in the business of law that the most important part is to do your adequate research in the space you plan to build your business. See what the market needs, and assess whether your service is helping bridge a gap. This helps you to set your own vision and goal”. Constant innovation, being updated with legislative changes, immense self-belief and perseverance are some traits that will take one through.

India Law Alliance’s future goals are in line with its aim to continue to build a niche for quality litigation support and strategy. It will continue to focus on delivering quality to its clients.

Company Expertise Dispute Resolution with a special focus on tax litigation

Domestic / International 70-30

Offices Mumbai, Delhi Lawyers 20 Year of Establishment 2004

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M&A Boom in India Recent Trends and a Bit of Crystal Ball Gazing

Prashant Kataria Partner

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June 2019|

Trending Now

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he M&A scene in India has being growing from strength to strength with Indian companies logging an astounding USD 129 billion in M&A deals in 2018, of which inbound M&As formed USD 55.8 billion (Livemint, January 2019). This goes on to not only show the robust domestic market but also the faith of foreign investors in the Indian markets as a whole. Some of the marqee deals which resulted in these impressive numbers are the USD 16 billion acquisition of Flipkart by Walmart, USD 7.5 billion acquisition of Tata Steel BSL Ltd by Bamnipal Steel Ltd, USD 6.2 billion acquisition of Indus Towers Ltd by Bharti Infratel Ltd, USD 3.8 billion acquisition of certain health drink brands of GlaxoSmithKline Consumer Healthcare Ltd by Hindustan Unilever, amongst others.

What are the reasons for such a boom, one may ask. To answer this question, one needs to delve a bit into what drives M&As in general and what have been the considerations driving it in India. M&As are usually fuelled primarily by factors like (i) the desire for rapid inorganic growth, (ii) wish to reduce dependence on external parties in the supply chain via backward or forward integration, (iii) anti-trust provisions, (iv) consolidation due to competition, (v) hiving-off non-core businesses and assets for debt reduction (especially given the liquidity crunch in the market), (vi) bringing economies of scale, (vii) acquisition of ready-to-use ‘mission-critical’ technology, (viii) access to new markets, amongst others. Let us now analyse some of the trends which have emerged in recent times in the M&A space in India.

Trends & Future A couple of trends which have emerged during the past year in the M&A space which have been fuelling the space, and which ought to be scrutinised closely to look into the future and for a better understanding of the ‘layof-the-land’ are: (i) A bulk of M&A deals concluded, and expected to be consummated in the future, are based on the bedrock of ‘consolidation’. Companies understand

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About the Author Prashant Kataria is a Partner at Lexygen, a Bangaloreheadquartered law firm (with an office in Singapore) with a panIndian focus on providing services connected with M&As, Joint Ventures, general corporate commercial services, PE/VC and Project Finance, and an alumnus of the prestigious National Law School of India University, Bangalore.

He has over 15 years of legal transactional experience in the areas of M&A, private equity, venture capital, and infrastructure privatization projects. Over the course of his career he has garnered significant experience advising several corporates on diverse corporate-commercial matters, including employment/labor law, real estate leases, trademark licensing, telecom regulatory, and so on.

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the value add brought in by consolidation, viz. improvement in their size, operating model, scalability, access to technology and newer markets and improved operational efficiency, (ii) While global private equity players have been active in the M&A space in India, the recent years have shown rekindled interest from global strategic buyers as well who have bought into the ‘India growth story’, given the relative slow-down in the Chinese economy, (iii) Though traditionally, private equity funds have been keen to acquire significant minority interests in companies, in recent times, a lot of them have been engaged in buy-out deals. They have come of age and are more than willing to deploy the knowledge of Indian market and businesses acquired over time to efficiently put together management teams and get boots on the ground to realize the maximum potential of the acquired companies, (iv) Owing to the new angle brought in by the Insolvency and Bankruptcy Code, 2016 (“IBC”) in the form of banks being forced to initiate the IBC process within 180 days of default, it is expected that several assets will be put on the block for insolvency resolution/ turnaround, leading to more M&As by strategic investors, as well as private equity funds, especially via platform deals, which seem to be the flavour of the month, given the focus by investors on the delicate interplay between governance, performance and the need to deleverage, (v) A fair number of large corporations like United Spirits, Tata Power, PNB, etc. have been hiving off their non-core businesses and assets to address stretched balance sheets, pare debt and to fund further growth, thus stimulating M&As, (vi) The USChina trade war may be a boon for the India, especially in light of the aggressive ‘Make in India’ campaign by the Government of India wherein manufacturing sector is being given a fillip through various ways and means. In addition to the attractiveness of such companies to US based strategic investors and PE-buyout funds, the fact that the IP laws and regime in China are attuned to favouring Chinese companies leading to numerous IP

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infringements, blatant thefts of US companies’ IP, may push more foreign investors and corporations to Indian shores searching for growth, (vii) Inclusion of global deal documentation standards, especially typical US deal terms in India M&A documents (altered to suit the distinctive Indian regulatory conditions) like earn-outs, escrows, extensive use of representations and warranties, indemnifications, etc. have given a high level of comfort to foreign acquirers, who know what they are getting into by signing the dotted lines, (viii) Renewed interest of global pension funds and sovereign wealth funds (especially from Singapore, Canada and Abu Dhabi) owing to attractive prospective returns are also giving a boost to M&As, and (ix) Last, but not the least, the political scenario of the country should not be ignored while crystal ball gazing, for the policies and regulations (especially Securities, Foreign exchange related, Income tax, Companies and Competition laws) that may make or break a sector depend on which way the political winds blow (case in point being the recent restrictions imposed on FDI in the e-commerce industry). The results of the general elections in 2019, and the regulations/policies made post that by the new Government, may affect the M&A space, though your guess would be as good as mine on the extent of the same.

To sum up, in my opinion, though there may still be issues impeding the growth of M&As in the Indian market and regulations, the robust India growth story based on solid economic indicators coupled with the fact that companies usually take such decisions with an eye on the long-term should act like winds filling the sails of the M&A juggernaut, helping it slice effortlessly through the seas of uncertainty.

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Radhika Arora

Handling Facets of Law with Expertise Be the change you want to see in the world -Mahatma Gandhi.

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he Indian Judicial System, over the years, has been facing criticism about being out-dated. But criticising from the outside helps no one and changes nothing. To bring changes one must present solutions and be a part of the system. So when Radhika Arora graduated from one of the top law schools of Mumbai SVKM’s Pravin Gandhi College of Law and started her practice, she knew she needs to act. She entered litigation with a very different perspective of changing the slow and crawling litigations by adopting alternative dispute resolution techniques mainly mediation and conciliation from the very beginning days.

And thus began her and her private firm’s journey of bringing justice to those who seek.

Radhika Arora, Founder

Distinct Areas of Practice

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It is a full-service Law-firm offering complete one-stop legal remedies for Individuals, Companies & Entities

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Radhika Arora’s Legal practice is based in Mumbai and Thane and her Firm specializes in all matters ranging from criminal wrongs, Co-operative housing society matters, Property matters, Family matters, Will/probate/Succession, Intellectual Property rights, Cybercrime amongst several others.The services range from the filing of a Complaint/ Petition/ Suit to conducting the entire trial and finally arguing the matters with tact and expertise of years consolidated into the fine art of Advocacy to meet timely orders and decrees for the clients. The firm has cases across India.

Radhika completed her BLS, LLB and holds diplomas in Cyber Laws and Intellectual Property Laws. She is a certified mediator and has certifications in NRI Marriage Laws, Property laws amongst others. Her long experience in a wide range of criminal and civil matters has helped her in developing skilful evidence, explaining in Court every aspect of evidence and tactfully conducting cross-examinations of the witnesses.

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Law and Order in the Present Radhika Arora has observed during her long practice that many times cases are either not properly presented or fought in a court of law due to several reasons ranging from insufficient time to lack of proper and adequate professional resources. This often may prove very dearer in criminal cases where criminal liability is involved.

The applications, appeals, petitions, submissions, arguments, evidence and cross-examinations are sometimes prepared and conducted hurriedly risking the quality of the entire case thereof. All this leads to a shortage of qualitative arguments in courts due to work pressure. The difficulties are also being experienced in finding and submitting important and relevant judicial rulings or citations due to lack of resources. On a lot of other occasions, the Written Statements by the accused are not rebutted properly leaving an open-ended argument allowing the case to take a U-turn at a later stage of the litigation. As such, the need of the hour is to streamline the processes and pitch-in efforts at all levels.

Digitizing the Process The judicial system has caught up with digitization. An android application called ‘e-Courts’ is already available for cases across the country and are timely updated. It has reduced a lot of human efforts. Radhika adds, However, “Updates like judges being absent on a certain date can further save a lot of time, energy and resources for advocates and litigants. Filing of plaints and other documents online can make a lot of important legal documents vulnerable and therefore it cannot be risked in current scenario when cyber security is not at its best, nonetheless, in the High Court the digitalization is seen the most.”

Serving a Purpose The biggest social responsibility, as per the firm, on the shoulder of Practitioner of Law, is to make sure that they think of Litigants by putting themselves in their shoes.

Secondly, they should try to help judiciary by sharing its load and not adding to its burden of unnecessary cases wherever it can be avoided. Radhika is a part of mediator’s team at a Weekly Free-of-cost mediation

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forum initiated by Mira-Bhayander police. She also conducts training programs for police officers for interpersonal skills, cybercrimes and ways of collecting evidence in cybercrime cases for police officers. She further intends to continue the same. She also visits law schools as a Guest Lecturer.

For a Better System Radhika’s advice to the new litigating lawyers is “Do not jump into getting higher profits right from the start, Advocacy is indeed a lucrative profession but it also deals with people’s lives and their assets. You must know all the pros and cons of filing a case for your client much before you even start drafting the Plaint.”

As for her firm’s future perspectives, the idea is to establish offices at different locations across the Globe.

Also, to help the judiciary by bringing down the number of cases filed every year and reducing the number of outstanding pending cases across the country. It will also bring them great pleasure to be a part of any of the developmental cells of the Government for smooth and better functioning of litigation.

Company Expertise Settlements Before (Not- outside) court

Domestic / International Both, India and Canada

Offices Mumbai & Thane Lawyers 14 Year of Establishment 2013

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5

Government Schemes Driving the Startup Culture in India

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ately, India has been rising up to the challenge of crea ng a job on its own. Start-ups of various natures are just the beginning of more great things to come. Apart from a revolu onary and unique idea, the next crucial thing required by a start-up is funds. Bootstrapping, friends and family, Angel Investors are all good, but a startup also seeks and needs help from the Governing Body.

With the Start-up India Ini a ve, the Indian Government has come up with various schemes that benefit the startup in different ways. Here we bring five of those various schemes that are assis ng the entrepreneurs in making it big.

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June 2019|

Finding Finance

The Venture Capital Assistance Scheme Powered by the Ministry of Agriculture and Farmers Welfare, this scheme provides nancial support via an interest-free loan to qualifying projects. This helps companies to meet the shortfall in the capital requirement for the implementation of the project. This scheme typically benets the following:

01 Farmers 02 Producer Groups 03 Self Help Groups 04 Companies 05 Agripreneurs 06 Units in agriexport zones 07 Agriculture graduates individually or in groups for se ng up agribusiness projects Stand-Up India for Financing SC/ST and/or Women Entrepreneurs Powered by Small Industries Development Bank of India (SIDBI), this scheme facilitates bank loans between 10 lakh and 1 crore. This loan can be provided to at least one scheduled caste (SC) or Scheduled Tribe borrower and at least one woman per bank branch for se ng up a Greenfield enterprise i.e the first me venture of the beneficiary in the manufacturing or services or trading sector. In the case of non-individual enterprises, at least 51% of the shareholding and controlling stake should be held by either an SC/ST or Woman Entrepreneur.

Mul plier Grants Scheme Powered by Ministry Of Electronics and Informa on Technology, Mul plier Grants Scheme (MGS) aims to encourage collabora ve R&D between industry and academics/ R&D ins tu ons for the development of products and packages. Financial support up to twice the amount provided by the industry is given for R&D for the development of products that can be commercialized at the ins tu on level. The proposal is to be submi ed jointly by the ins tu on and the industry suppor ng it. |June 2019

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Dairy Entrepreneurship Development Scheme Powered by Na onal Bank for Agriculture and Rural Development (NABARD), the scheme is also backed by Department of Animal Husbandry, dairying and fisheries. The scheme aims at genera ng self-employment opportuni es in the dairy sector, covering ac vi es such as enhancement of milk produc on, procurement, preserva on, transporta on, processing and marke ng of milk. It provides a back-ended capital subsidy for bankable projects.

Pradhan Mantri Mudra Yojana Powered by the Government of India, Micro Units Development and Refinance Agency Ltd. [MUDRA] yojna is an NBFC suppor ng the development of the microenterprise sector in the country. It provides refinance support to Banks / MFIs for lending to micro units having loan requirement up to 10 lakh. The offerings are being targeted across the spectrum of beneficiary segments. Mudra loan is extended for a variety of purposes which provide income genera on and employment crea on mainly for:

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Business loan for Vendors, Traders, Shopkeepers and other Service Sector ac vi es

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A working capital loan through MUDRA Cards

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Equipment Finance for Micro Units

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Transport Vehicle loans

Apart from the above-men oned schemes, there are several others that cater to the different needs of the Startups.

Sneha Sinha Disclaimer-The informa on and data have been collected from various sources

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June 2019|

Yende Legal Associates

Providing Better and Affordable Legal Solutions

The Founding Pillars Ashok Yende, LL.B., LL.M. and Ph.D (Law) has more than three decades of rich and extensive experience in administration, teaching, and profession. Prior to establishing the Law Firm, he has held the post of Professor & Head, Dept of Law in the University of Mumbai and headed several other leading law institutions in the country. He has participated in more than sixty-five National and International conferences including the ones organized by the United Nations and has seven books and forty-five publications to his credit. He has been awarded with prestigious “National Law Award”, by the International Council of Jurists (ICJ) for the Year 2018, and conferred “Exceptional Leaders of Excellence” Award - 2017 by Women Economic Forum (WEF).

Adv. (Dr.) Ashok Yende, Founder

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Abhishek Yende, LL.B. from ILS Law College Pune and LL.M. from Birmingham University, UK has 10 years of practicing experience before the Bombay High Court and other Courts. He is ‘A’ Panel Counsel of Bombay Municipal Corporation and “B” Group Counsel of State of Maharashtra.

Our lawyers provide high-quality, timely legal service: affordable legal solutions, client satisfaction by exploring advanced technologies

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stablished in the year 2017, Yende Legal Associates is a reputed law firm based out of Mumbai. Though the firm is new, the founder Dr. Ashok Yende and co-founder Adv. Abhishek Yende bring on board a combined experience of over forty-three years in the legal profession.

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The Legal Works The firm specializes in various branches of law such as Writ Petition, PIL, Criminal law, Civil law, Consumer law, Real estate, Consumer Law, IPR. Their most prominent case is that of “Dr. S.K. Kedia V. State of Maharashtra.”

Its legal team consists of experienced and highly skilled legal professionals in different courts at different levels including Sub-ordinate courts, High Court, Supreme Court.

It focuses on rendering high quality and timely service to all its clients. It understands the problem and situation of its clients and provides a customized solution to each client by maintaining confidentiality, commitment, and dedication in its work. The firm’s aim is to achieve the highest standard in the profession at an effective cost. The team continuously updates its knowledge and skill base in the laws to provide the client with the best possible results and provide the best services to all clients who seek it’s services.

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Views on the Legal System in India Our legal system is based on British Common Law, Angloaxon, and Adversarial System established by the then colonial powers. A well-organized system of judicial administration postulates a properly equipped and efficient Bar. The establishment of the Supreme Court of India in 1950 and Bar Councils at the National and State level, gave a new stimulus to the Indian legal profession.

In my personal opinion, to make suitable the existing justice delivery system in the existing socio-economic circumstances of our country, we have to simplify the laws and procedure of justice delivery system. It should be more victims oriented, than lawyer oriented. Though I am of the strong opinion that dignity and decorum of the Courts should be maintained, less importance should be given to protocol, formalities.

The duo opines that people will respect the court and judicial system if they get effective, efficient, speedy and inexpensive justice. The current scenario also calls for sensitization of lawyers for the social cause. The legal education should be properly re-structured to equip students with professional and advocacy skills, than only class room and exam oriented teaching. In spite of some challenges facing justice delivery system, we cannot forget role of the Indian Judiciary. Though I appreciate proactive judicial activism when required, I feel judicial overreach is undesirable, and unconstitutional in the democracy.

E-Courts, they mention, is a step towards modernization in the Indian legal system. Modern India with information and communication technology surely needed this step. Ashok says, “Now, all courts are being connected at district and subordinate courts in the country, which will help in coordination between courts”.

Applying ICT in the judicial and legal process will increase efficiency, promote easy research, allow for easier information retrieval and will help in reducing inefficiency, inaccuracy, lack of transparency.. Technological revolution in the justice process and system, is a milestone.

Societal Responsibility The firm provides free legal aid to poor people, and files Public Interest Litigations under the guidance of competent legal professionals as a part of its societal responsibility. Dr. Ashok also conducts workshops on “Clinical Legal Education” in various law colleges in the Maharashtra, besides, training young lawyers in advocacy skills through |June 2019

Adv. Abhishek Yende, Co-founder various programmes. To these young and budding lawyers, their advice is to, “Convert this profession into opportunity, be positive, believe in yourself and your inner voice, take a calculated risk, and try to provide genuine justice to the people” Future Works For better future prospects and providing better solutions, Yende Legal Associates is using modern technology in providing its services. Legal service and consultation is provided through senior and competent lawyers. It will be making more connections / networking with leading law schools and leading law firms. It will also keep attracting young and brilliant talent to provide quality and timely legal service to its clients.

Company Expertise Criminal and Corporate

Domestic / International 80/20

Offices Mumbai, Delhi, Nagpur Lawyers 21 Year of Establishment 2017

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About the Author Prakash Sinha is a Law Graduate and Chartered Accountant. He has developed himself in the Taxation advisory and litigation services, Business Advisory Services, Management Consultancy services covering the whole Corporate & Commercial matters and regulatory issues. He has got the experience and expertise in the FEMA, Corporate Law matter, Taxation matter including the International Tax and Transfer pricing matters.

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Prakash Sinha Founding Partner

June 2019|

Expert’s View

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ith India’s dawn of independence in 1947, the whole legal system underwent a huge transformation. There have been many perspectives and many improvements have been made after great efforts. Since 1950, constitutional legislation has increased dramatically, particularly in the area of fundamental rights.

Article 14 of the Constitution refers to the right to equality.

Article 39-A refers to the fact that, because of poverty or any other social security, no one should be deprived of his right to move to court.

For legal profession, Parliament has introduced Advocates Act, 1961 to bring uniformity within the system of legal practitioners in the form of Advocates & has fixed up Bar Council of India (BCI) and State Bar Councils. Section 7 (h) of Advocates Act, 1961 speaks about legal education and to put down standards of such education in consultation with Universities in India which imparts such education and the State Bar Councils.

Section 7(I) of the Advocates Act, 1961 speaks that law schools/Universities should be properly acknowledged whose degree in law will be taken as a qualification for enrolment as an advocate. State Bar Councils should examine the Universities and conduct seminars and organize talks on legal topics and publish journals.

National Legal Services Authorities Act, 1987, (NLSA) has been selected to take appropriate measures for spreading legal awareness amongst the individuals. There are several principles that do not fit to the society and are not so effective in nature. Therefore in such situation legal analysis helps to analyze new laws on the recent issue so that they can change the existing laws for correct implementation.

There are many enactments which are a result of law reformers such as Dowry Prohibition Act, 1961 Child Marriage Restraint Act, 1929.

Many acts result from law reformers such The Dowry Prohibition Act, 1961 Child Marriage Restraint Act, 1929, Sati Prohibition Act, 1829, etc. Legal education helps change the attitude of the public; it allows people to think about social issue and become more aware of their rights and helps them to male ideal citizens.

Raising Awareness It is said that most Indian citizens live in villages and therefore to understand the relation of law with society one has to concentrate on Indian villages as they are unaware about their fundamental rights. There are number of legislation’s to reduce socio-economic disparities. |June 2019

In order to spread legal awareness there should be legal aid program conducted by legal organizations in villages so that people living there will get to know the basic relief and they could seek remedy from it.

Empowered by the Constitution to pass in respect of profession, Parliament enacted the Advocates Act, 1961, bringing uniformity in the system of legal practitioners within the sort of Advocates and provided for setting up of the Bar Council of India and State Bar Councils within the States. Under clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961 the Bar Council of India has power to mend a minimum educational normal as a pre-condition to commence the studies in law. Under clause (i) of sub-sec(1) of Sec. 7, the Bar Council of India is also empowered “to recognize Universities whose degree in law shall be taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities”. The Act thus confers on the Bar Council power to prescribe standards of legal education and recognition of law degrees for entrance of persons as Advocates. However, for promoting legal education and for laying down standards of legal education, the Universities and State Bar Councils must be effectively consulted. The University Grants Commission has in the course of your time evinced interest in rising legal education.

The Supreme Court in State of Maharashtra vs. Manbhai Pragaji Vashi (1995) 5 SCC 730, held that in order to provide free legal aid we need to have well trained lawyers for which we need sufficient number of law schools with good teachers. This particular Supreme Court verdict shows that there should be separate budgetary provisions for improving legal education.

Legal aid is therefore not a charity or a reward, but a duty of the state and citizens’ rights. The state’s primary object should be equal justice for all. Legal assistance therefore seeks to ensure that the constitutional commitment is fulfilled in its letter and spirit and that equal justice is made available to the poorer and weaker sections of society. But despite the fact that free legal aid was considered a necessary adjunct to the rule of law, the movement for legal aid has failed to achieve its objective. Between the goals set and met, there is a wide gap. Lack of legal universities, intellectual property rights, is the major obstacle to the movement of legal aid in India.

The movement for legal aid has not yet achieved its goal leading to unawareness of fundamental rights. It is the lack of legal awareness to the exploitation and deprivation of the poor’s rights and their benefits.

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