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The information and articles published on this website are provided for general information purposes only and are not intended to provide and should not be construed as legal advice on any subject matter. Further information should not be construed in any manner which creates attorney-client relationship, we at VLA of the view that attorney-client relationship builds on the basis of trust which has to be earned and never created by sharing information like this medium. Hence User of this website should not rely on the information and articles provided herein as legal advice on any subject matter for any purpose whatsoever and should always seek the legal advice from the lawyer, advocate or attorney of their respective jurisdiction. VLA expressly disclaims any and all responsibility and liability in respect to actions based on the information or articles available on this website. As per the Rules of Bar Council of India, advocates are not permitted to solicit work, hence by using of this website, User are agreeing and unequivocally acknowledging that there has not been any advertisement, solicitation, communication, invitation or inducement of any sort whatsoever from us or any of our core team members, associates, paralegal staff to solicit any work through this website. Further any email to this website and response thereto do not, in any way create attorney-client relationship, and User must have no expectation whatsoever that VLA shall maintain the confidentiality with respect to information in the email, if the information sent is in confidential in nature, please do not send the information in this website.
Environmental Law in India focuses on regulating the use of natural resources, preserving the environment, and ensuring sustainable development. The legal framework includes national and state-level statutes, regulations, and judicial decisions that aim to protect air, water, soil, and biodiversity. One of the significant pieces of legislation as far as environmental law is concerned is the Environment Protection Act 1986, which allows the government to control pollution and promote environmental conservation.
Other important laws are Water (Prevention and Control of Pollution) Act 1974 to prevent water pollution, the Air (Prevention and Control of Pollution) Act 1981 with objective to preserve air pollution, the Forest Conservation Act 1980 to conserve the forest and the Wildlife Protection Act 1972 to ensure conservation of wildlife and their habitats and the Biological Diversity Act, 2002 with objective to preserve the biodiversity of the nation.
Judiciary’s role in environment jurisprudence in India has been both pivotal and controversial, courts have been applauded as well as criticized, despite of this, courts have been instrumental in strengthening the environment protection by judicial intervention on policy, regulatory and on executive action.
Corporate and Commercial laws in India govern the operations of businesses, transactions, and the relationships between companies, their stakeholders, and the government. These laws ensure fair practices, transparency, and regulation of business activities.
Corporate Laws:
The primary law regulating corporate entities in India is the Companies Act, 2013, which outlines the process for incorporating a company, its governance, financial reporting, and dissolution. The Act also defines the roles and responsibilities of directors, shareholders, and auditors. Additionally, the Insolvency and Bankruptcy Code (IBC), 2016 addresses corporate insolvency and bankruptcy, facilitating the resolution of financial distress for companies.
Commercial Laws:
Commercial laws cover contracts, trade, and commerce. Key regulations include the Indian Contract Act, 1872, which governs business agreements, the Sale of Goods Act, 1930, and the Negotiable Instruments Act, 1881, which address commercial transactions involving goods and negotiable instruments like cheques.
The Competition Act, 2002 promotes fair competition and prevents anti-competitive practices in the market, while the Foreign Exchange Management Act (FEMA), 1999 regulates foreign trade and investment in India.
Together, corporate and commercial laws in India ensure a structured and legally compliant environment for businesses, promoting growth, protecting stakeholders, and fostering economic development.
B.Sc., LL.B., M.A. (International Relations)
B.Com, CWA(Int.), LL.B.
LL.B. (Hon.)
B.A., LL.B. (Hon.)
B.Com., LL.B. (Hon.)
B.A. (Eco.), FCS, LL.B.
Banking and Financial laws in India are essential to regulate the financial system, safeguard the interests of stakeholders, and ensure economic stability. These laws cover various aspects of banking, securities, insurance, and related sectors. We are practicing in this field and our team have a deep understanding of the laws, regulations, and mechanisms that govern financial institutions, markets, and transactions in India. Below is a summary of key banking and financial laws in India that are relevant:
Our Role in Banking and Financial Sector:
Legal Drafting: Drafting loan agreements, terms and conditions, financial products, security documents, and compliance statements.
Dispute Resolution: Handling disputes related to cheque bouncing, loan defaults, financial frauds, and insolvency cases
Regulatory Compliance: Ensuring that one follows laws such as KYC, AML, and RBI regulations.
Litigation: Representing clients in legal proceedings before regulatory bodies like SEBI, RBI, NCLT, and consumer forums.
Mergers & Acquisitions: Assisting with corporate restructuring, handling due diligence, and ensuring compliance with banking laws during mergers and acquisitions.
Food and Beverage Laws in India are a set of regulations designed to ensure the safety, quality, and proper labeling of food and drinks consumed by the public. These laws are crucial for protecting consumers, maintaining food standards, and regulating the industry. Read the simplified explanation of key food and beverage laws in India:
Importance of Food and Beverage Laws in India:
Role of Lawyers in Food and Beverage Laws:
India’s foreign trade laws govern the import and export of goods and services, ensuring compliance with national regulations and international agreements. Key legislations are:
Social justice related legal services are crucial to ensure that marginalized and vulnerable groups have access to legal remedies and protections as envisioned under the Constitution of India. Under these services, we aim to bridge the gap between the law and the underprivileged, empowering them to assert their rights. Country has vast socio-economic disparities, and the complexities of its legal system often make it difficult for disadvantaged communities to seek justice. Therefore, under social justice legal services, we focus on providing free or affordable legal aid, representation, and advocacy to those facing discrimination, exploitation, or denial of basic rights.
It is relevant to mention here that various organizations, including non-governmental organizations (NGOs), legal aid cells, and government initiatives like the district legal service authority under the Legal Services Authorities Act, 1987, work to support disadvantaged groups such as women, children, Scheduled Castes, Scheduled Tribes, persons with disabilities, and the economically weaker sections of society. These services cover areas like labor rights, domestic violence, human trafficking, access to education, healthcare, and more.
Under Social Justice related services, we provide legal aid clinics, pro bono legal support, and initiate public interest litigation, social justice legal services contributing in shaping an inclusive and equitable legal system, ensuring that justice is accessible to all, irrespective of their economic or social status. We have raised caused before Indian Court like petitions against rise of onion prices (2014), issue of over honking (2014) and issue in EVM.
Cyber laws in India are designed to address the challenges and opportunities presented by the rapid growth of technology and the internet. The Information Technology Act, 2000 (IT Act) is the cornerstone of India’s cyber legal framework. It provides legal recognition to electronic records and signatures, enabling digital transactions and e-governance. The IT Act also defines various cybercrimes, including hacking, identity theft, and online fraud, and sets penalties for such offenses.
The Goods and Services Tax (GST) Law in India, enacted in 2017, is a comprehensive indirect tax reform aimed at unifying the country’s fragmented tax system. GST replaced multiple taxes like VAT, service tax, and excise duty with a single tax on the supply of goods and services. The GST law provides for the levy and collection of taxes on the value added to goods and services at each stage of the supply chain. It operates on a dual system of taxation, where both the central and state governments have the authority to levy taxes.
The Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), and Integrated Goods and Services Tax (IGST) are the primary components of the law. GST is applicable to businesses with a turnover above a certain threshold, with rates varying based on the category of goods or services, ranging from 0% to 28%.
The law also introduces the concept of Input Tax Credit (ITC), which allows businesses to offset taxes paid on inputs against the taxes they owe on outputs, ensuring a seamless flow of credit and reducing tax cascading. GST has simplified the tax structure, improved tax compliance, and fostered a more transparent and efficient taxation system in India. Law also introduces the concept of e-way bill which is required for movement of goods worth more than specified value across State or inter state movement.
Intellectual Property (IP) law in India provides legal protection to creativity, such as inventions, designs, trademarks, and artistic works, fostering innovation and creativity. The primary legislation governing IP in India includes the Patents Act, 1970, which protects new inventions by granting exclusive rights to inventors for 20 years, provided the invention is novel, inventive, and industrially applicable. The Trade Marks Act, 1999 protects brand names, logos, and symbols that distinguish goods or services, offering legal recourse against infringement for registered trademarks. The Copyright Act, 1957 safeguards original works of authorship, such as literary, artistic, and musical creations, and grants protection for the lifetime of the creator plus 60 years. The Designs Act, 2000 focuses on protecting the visual appearance of products, offering registration that is valid for 10 years with the option of renewal. The Geographical Indications of Goods (Registration and Protection) Act, 1999 protects products associated with specific regions, such as Darjeeling tea or Kanchipuram silk or Goa Feni. These laws align with international standards, such as those set by the WTO, aiming to promote creativity and ensure a balance between public access and the economic interests of creators. India’s IP laws help secure intellectual assets, encouraging innovation and supporting economic growth.
Employment and labor laws in India are designed to protect the rights of workers, ensure fair wages, and regulate working conditions. These laws cover a wide range of areas, including wages, benefits, safety, and dispute resolution. Key legislations include the Factories Act, 1948, which sets standards for health, safety, and working conditions in factories, ensuring that workers’ welfare is safeguarded. The Industrial Disputes Act, 1947 provides mechanisms for the resolution of industrial disputes, including strikes, layoffs, and retrenchment, ensuring peaceful relations between employers and employees.
The Minimum Wages Act, 1948 mandates the payment of minimum wages to workers in scheduled industries, ensuring that workers receive fair compensation for their labor. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ensures that workers are provided with financial security after retirement by mandating contributions to provident fund accounts. Similarly, the Maternity Benefit Act, 1961 ensures paid maternity leave and other benefits for female employees.
Recently, Government has made efforts to simplify and consolidate around 29 labor laws into 4 codes, such as ensuring workers’ right to minimum wages, the Central Government has amalgamated 4 laws in the Wage Code, 9 laws in the Social Security Code, 13 laws in the The Occupational Safety, Health and Working Conditions Code, 2020 and 3 laws in the Industrial Relations Code. These Codes will promote ease of doing business while ensuring workers’ rights too. These laws aim to create a balanced work environment, fostering both business growth and employee welfare.
Litigation refers to the process of resolving legal disputes through the judicial system. It is an essential aspect of the Indian legal system, which is based on the rule of law, and is governed by a combination of statutes, rules, and judicial precedents. Litigation can take place in various courts, including the Supreme Court of India, High Courts, and District Courts, with each court having jurisdiction over specific types of cases.
In India, litigation covers a wide range of matters, such as civil, criminal, family, corporate, labor, and property disputes. The Civil Procedure Code (CPC), 1908 governs the procedure for civil litigation, while the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 regulate criminal litigation. Civil cases typically involve disputes related to contracts, property, or torts, while criminal cases involve offenses against the state or individuals.
Litigation in India can be a lengthy and complex process due to the large volume of cases and a backlog in the courts. The Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration, are increasingly used to resolve disputes outside traditional courtrooms, providing a faster and more cost-effective means of settling legal issues.
Real Estate Laws in India are designed to regulate property transactions, protect the interests of buyers and sellers, and ensure transparency in the real estate sector. The legal framework governing real estate is multifaceted, involving both central and state laws. The Real Estate (Regulation and Development) Act, 2016 (RERA) is one of the most significant reforms, aimed at improving transparency, accountability, and efficiency in the real estate industry. RERA mandates that all residential real estate projects be registered with the regulatory authority before advertising or selling. It also ensures timely delivery of projects, protects the rights of homebuyers, and mandates that developers provide details regarding project timelines, approvals, and legal disputes.
The Transfer of Property Act, 1882 governs the transfer of property rights between individuals, defining the legal process for the sale, lease and mortgage. Additionally, the Indian Contract Act, 1872 plays a key role in property transactions, especially in drafting agreements related to buying and selling property.
The Benami Transactions (Prohibition) Act, 1988 prohibits property transactions in which the property is held by one person, but the benefit accrues to another, aiming to curb black money and illegal holdings.
For the protection of tenants, The Rent Control Act in various states regulates the relationship between landlords and tenants, safeguarding tenants’ rights while ensuring fair rental practices. The Land Acquisition Act, 2013 governs the acquisition of land for public use, requiring compensation and rehabilitation of displaced individuals.
Mining Laws in India govern the extraction and management of natural resources, ensuring the sustainable and regulated development of the mining sector. The legal framework is designed to protect environmental resources, promote transparency, and ensure equitable distribution of mineral resources. The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is the primary legislation that governs mining activities in India. It regulates the exploration, extraction, and commercialization of minerals, providing for the allocation of mining rights through auctions or permits. This act aims to promote scientific mining and address concerns related to illegal mining and environmental degradation.
The Mineral Concession Rules, 1960 under the MMDR Act specify the procedures for obtaining mining leases, licenses, and permits for different minerals. The Environment Protection Act, 1986 and the Forest Conservation Act, 1980 also play a crucial role in mining operations by ensuring that environmental and forest clearance are obtained before mining activities can begin, thereby minimizing ecological damage.
Mine Industry of Goa has been re-set after the Goa Foundation Case which declared all mining leases deemed expired on 22.11.2007 and consequently any activity posts this date deemed illegal. Extracted mineral in the State belonged to the State Government and State is e-auctioning the mineral ore being the property of the State.
The Animal Protection Law in India is primarily governed by the Prevention of Cruelty to Animals Act, 1960, which was enacted to prevent unnecessary suffering of animals and promote their well-being. This law is overseen by the Ministry of Fisheries, Animal Husbandry, and Dairying and addresses various aspects of animal welfare, including their treatment, protection, and the punishment for cruelty. It includes provisions for the prevention of acts like beating, overloading, or using animals in circuses or for entertainment in ways that cause distress.
Animal Welfare Board of India is a statutory advisory body on animal welfare laws in India which is constituted under the aforesaid Act. Under the Act, various Rules have been framed on various aspect of animal welfare such as the Prevention of Cruelty to Animals (Dog Breeding and Marketing Rules) Rules, 2017 and Animal Birth Control Rules, 2023. Apart from these statutory enactments, various High Courts of the Country have passed Judgments and directions to the State Government such as Hon’ble High Court at Goa in the case of Hemant Kumar Bhasin Vs State of Goa, Writ Petition (C) No.331/2021 dated 23.09.2022 has issued direction to the State of Goa to frame Guidelines. Hon’ble Delhi High Court has issued direction in the matter of Dr.Maya D.Chablani Vs Radha Mittal & Others reported at 2021 SCC Online Del 3599. Various Petitions are pending including in the Hon’ble Supreme Court of India touching the animal welfare aspects.
The Wildlife Protection Act, 1972 also plays a significant role in protecting wild animals and their habitats, prohibiting hunting and trade of endangered species. Goa Bench of Bombay High Court in the case of Goa Foundation Vs State of Goa (PIL. W.P.No.15/2022) directed the Government of Goa to notify Mhadei Wildlife Sanctuary and other areas as Tiger Reserve within 3 months and also directed to set up anti-poaching camps at strategic locations, though the matter is now pending before the Supreme Court on the appeal of State.
Various organization of animal welfare advocate for better enforcement of these laws, urging for stricter penalties and better monitoring systems, however, despite the legal framework, challenges such as insufficient enforcement, lack of awareness, and the illegal wildlife trade continue to hinder the full protection of animals in India and vested interest of animal welfare organisation is also not ruled out. Nonetheless, the laws have created an essential foundation for animal rights and conservation in the country.
