Civil & Commercial Laws. – Smart Consulting

Civil & Commercial Laws

SMART CONSULTING

Civil law addresses disputes between individuals, organizations, or between the two, aiming to resolve conflicts and provide remedies, typically monetary compensation (damages) or court orders (injunctions/specific performance). Commercial law is a broad field within civil law that specifically governs business, trade, and commerce. It deals with the legal features of businesses, their transactiony.gnd relationships.

Injunction Law

Injunction (commonly known as “stay”) is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court. There are various types of Injunctions including – Preliminary Injunction, Temporary Injunction , Mandatory Injunction , Permanent Injunction , Prohibitory Injunction. We provide consultation & represent our client’s in the matters involving / pertaining to Injunction.

Succession Law

We advice our client’s on complex succession law. In case of disputes pertaining to ownership, title, partition & encroachment, we provide consultancy and represent our clients. Succession may be Intestate or Testate. Intestate Succession – It is the legal process of distributing a deceased person’s assets and property when they don’t leave a valid will or other binding document. Such a succession is governed by The Succession Act 1956. Testate Succession – It occurs when a person dies leaving a valid will which outlines how their property and assets should be distributed. Such a succession is governed by The Indian Succession Act 1925.

Property Disputes

We specialize in resolving legal conflicts related to property, ownership, boundaries or contracts. We provide consultation, analyze details of case, help negotiate settlements, handle documentation & develop strategy so that our client’s achieve favorable outcome.

Matrimonial Laws

Matrimonial disputes are diverse in nature and may include issue pertaining to Divorce (whether by mutual consent or contested), Maintenance, Domestic Violence, Dowry & Custody. We assist our client’s & try to resolve the disputes amicably. However, if the parties are not able to bridge the gap & intend to go for litigation then we provide consultancy & represent our client’s.

Consumer Law

We advice consumers & providers of goods / services on their rights & duties as per the law. We advice on issues related to product liability, false or misleading advertisements, defective products / services & consumer complaints. Further, we represent our client’s in case of dispute.

Tort

A tort is a wrongful act that injures someone and is not a breach of contract. The law imposes civil liability for torts, and damages or other relief may be sought. Types of torts Negligent Torts – Accidental harm caused by someone who could have acted differently. Intentional Torts – Deliberate acts of wrongdoing that cause harm or offense. Eg – Defamation. Strict Liability Torts – Someone is held liable for harm even if they didn’t intend to cause it. We provide consultation & represent our client’s in matters related to commission of Tort.

Contractual Disputes

A contract can be verbal, written or implied by the conduct of the parties involved. It’s common to see dispute arising from breach of contract between businesses / individuals. In case of contractual dispute three fundamental issues arise the type of breach, the extent of loss or damage and the remedy available. The aggrieved party may file the suit / claim for Damages, Injunction, Specific Performance, Rescission, Restitution or Quantum Meruit. We provide consultation & represent our client’s in the matters involving / pertaining to any dispute arising out of a Contract.

Commercial Disputes

A commercial dispute is a legal disagreement between two or more business entities which can include claims for breach of contract, fraud, intellectual property, privacy, product liability, real estate & shareholder disputes. We provide consultation & represent our client’s in the matters involving / pertaining to Commercial Dispute.

Debt Recovery

Debt recovery is a multifaceted process that involves legal intricacies and a deep understanding of financial regulations. Businesses can find themselves entangled in a web of complexities when attempting to recover outstanding debts without professional guidance. We provide consultation & represent our client’s in the matters involving / pertaining to Recovery of Debt.

Arbitration

Arbitration resolves disputes by appointing a neutral third party to study the case, receive the evidence & then make a binding decision. We provide consultancy & represent our client’s in the matters involving / pertaining to Arbitration.

Company Law

Our role includes –

Legal Opinion and Advice: Providing legal opinions on complex business issues, interpreting relevant company law provisions, and advising on potential legal risks.

Litigation Support: Representing companies in legal proceedings related to company law violations or disputes with stakeholders.

Intellectual Property Rights

We help in filing application, countering opposition & getting registered Trademarks, Copyrights, and Patents. We also provide the service of drafting & vetting of Agreements related to Licensing / Assignment of Intellectual Property Rights. In case of dispute related to intellectual property infringement, we provide consultation & represent our client’s.

Foreign Exchange Management Act

We provide –