The Most Trusted Property Law Consultants in India

www.insightssuccess.in August 2018

10

THE

Most Trusted

PROPERTY

Law Consutants In India Neelesh Banthia Co-founder & Owner

Banthia

& Co. Advocates

Legal IndustryĘźs Eminent Firm in India and Abroad

Editorial The increasing awareness regarding the property laws is related to a sea change occurring in the predominant industry of law. The introduction of these laws brings salient modifications which leave a meaningful impact on people and the legal system itself. Advising the clients along each step of the legal processes are the property law consultants. These consultants are aware that the transaction for property is a complex process that requires a comprehensive knowledge of property related laws and regulations. To experience a hassle-free process, these property experts offer consultancy regarding any property dispute with professional acumen.

Helping them along the way is technology which is actually a boon for legal professionals, that has made everything possible at the blink of an eye. The various legal apps and tools readily available has transformed the present times and made individuals more attentive of the world they live in. Today, the communities have broadened their mindsets and put forth the right agenda to fulfil its requirements as clients.

The Momentous Strides in the Legal Industry

In order to serve the clients - A prosperous legal industry awaits to expand as the world’s most dynamic and fastest increasing economies creating extraordinary opportunities for lawyers and law firms. The government works with a holistic approach by maintaining integrity and providing convenient, reliable services. It no longer intimidates individuals and has incorporated effective measures by resourcefully tackling challenges and coming up with innovative techniques. The new liable acts and laws bring in a sense of reality with inherent advantages to secure prompt justice. The recent trends emerging from the Supreme Court provide a sign of relief and an evident proof as over the last few years; it has resolved the cases at a faster rate.

With such impeccable changes, the law firms are also delighted and work meticulously to offer comprehensive solutions for all the legal issues. A growing number of law firms and opportunities have marked an arrival of the new era in the Indian Legal Industry. According to a survey conducted, it is observed that the legal profession in India stands as the world’s second largest with more than 600,000 lawyers in more than five hundred legal practices. Looking at this number, it can be clearly stated that the outreach of the legal system has immensely expanded and has advanced with the help of technology. The role of technology lies in helping the lawyers and making it more efficient.

In the upcoming times, the legal tech companies work to come up with utmost expertise of the legal world. The trusted consultants would play a vital role in the legal industry by smoothing out the diverse hitches and making it possible of the communities to leave in a peaceful society. And continue to grow in every aspect for a better and advanced tomorrow.

Shweta Priyadarshini Shweta Priyadarshini

Editor-in-Chief Pooja M. Bansal Senior Editor Shraddha Deshpande Managing Editor Rajarshi Chatterjee Executive Editor Shweta Priyadarshini Contributing Editors Apurva Bhosale Rahul Niraj Art & Design Director Amol Kamble Co-designer Sumit Lunawat Picture Editor Alex Noel Art Editor Priyanka Rajage Visualiser Shweta Ambilwade Business Development Manager Akansha Garewal Marketing Manager Dhruv Apte Business Development Executives Asif, Tarun Research Analyst David Circulation Manager Vivek Bangade Database Management Prashant Chevale Technology Consultant Swapnil Patil sales@insightssuccess.com

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BANTHIA & CO. ADVOCATES: Legal Industry’s Eminent Firm in India and Abroad

- Cover Story

Indian Law Practice:

Leslie & Khettry:

Legal Services driven

by Excellence & Innovation

Providing Comprehensive, Innovative and SolutionOriented Legal Services

Delivering Quality Solutions through Holistic Approach

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30

40

Hammurabi & Solomon Partners:

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S

ARTICLES

Interview with Insights Success

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22 Editor’s Pick Commercial Laws Transfiguring the Business with Advanced Legal Solutions

32 INDIALAW LLP:

Legal Insights

A Renowned Firm Granting Top-Notch Legal Expertise

Traits of Becoming a Successful Lawyer

26

42

Expert’s Viewpoint Elevating the Legal System by Leveraging Technology

Leader’s Insights Tech to tame the elephant in the room- The judicial backlog and legal challenges

36 Chalk Talk Intellectual Property and its Importance for Economic Development

10 PROPERTY

The

Most Trusted

Law CONSULTANTS

In INDIA

Advising with Utmost Expertise

T

he legal industry has come a long way with its inherent advancements and prompt responses. Advising the clients expertly along the legal procedures are consultants, who guide them with the motto to make it easy for individuals to find solutions on their stumbling blocks and also help meet their growth objectives.

These consultants belong to leading legal firms and work with a business focused approach.

We introduce some of the most eminent firms in the legal industry and bring you “The 10 Most Trusted Property Law Consultants in India”. This edition briefs about the firms that provide full-fledged legal services with an inclusive approach of spreading the word of justice amongst all. Serving the clients with a principled work ethical environment and having core values of integrity, determination we have shortlisted the best legal firms for this August edition.

On the Cover Story of this Edition we have showcased Banthia & Co. Advocates: The firm is one of the leading sole-ownership and proprietorship based law firms in India with the motto to provide prompt legal services to clients at any place wherever and whenever needed.

Along with an excellent Cover Story, we have enlisted various other law firms which are making a difference with their performance and creating a benchmark in the legal industry. Starting with Hammurabi & Solomon, it is a leading Real Estate, Estate Planning & Development Sector law firm with an extensive experience and expertise.

Indian Law Practice is an exclusive law firm bestowing myriad of services to diverse fields. Leslie & Khettry, a law firm providing best solutions in its areas of practice with respect to the client’s requirements and facts.

Cyril Amarchand Mangaldas is one of the largest full-service law firms in India with offices in key business centers – Mumbai, New Delhi, Bengaluru, Hyderabad, Ahmedabad, and Chennai. Economic Laws Practice is amongst the leading full-service law firm which understands the clients business and offer solutions within the framework of the law. J. Sagar Associates is a national law firm which provides legal advice and services to international and domestic clients for over two decades. Kochhar & Co. is a foremost corporate law firms in India which offers a wide range of legal services in every area. Shardul Amarchand Mangaldas & Co. is a full service law firm having seven offices at New Delhi, Gurugram, Mumbai, Ahmedabad, Bengaluru, Chennai and Kolkata. Singhania & Partners LLP Solicitors & Advocates, a full-service law firm in India headquartered in New Delhi and branch offices in Bangalore and Hyderabad.

Additionally, the edition consists of CXO’s stated by foremost leaders conveying their insights on the current trends and future perceptions of the legal industry. Also our expert editor narrates creative piece of write-ups entitled as “Commercial Laws Transfiguring the Business with Advanced Legal Solutions” and “Traits of Becoming a Successful Lawyer”.

So, flip the pages and experience an exciting read.

Neelesh Banthia Co-founder & Owner

Cover Story

Banthia & Co. Advocates: Legal Industry’s Eminent Firm in India and Abroad

,,

The virtues of commitment, dedication, honesty & punctuality are the pillars of the company

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10 PROPERTY

The

Most Trusted

Law CONSULTANTS

In INDIA

ith modern times, the law industry has taken a paradigm shift and looks renewed than before.

Gone are the days where the legal industry would intimidate people. In a developing country like India, the legal matters are crucial as they impact other aspects prevailing in the society. The society has become more attentive of the rules and regulations regarding legal issues.

People’s approach towards legal matters has become practical and they are keen to secure justice. The outreach of the law industry has immensely expanded, as it has advanced with the help of technology and various apps and tools. This paperless flair is the new phenomenon that has brought salient alterations in the legal industry.

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international platform. He has successfully driven the firm to open seven international offices across the globe.

With the motto to provide prompt legal services to clients at any place wherever and whenever needed, enters Banthia & Co. Advocates, one of the leading sole-ownership and proprietorship based law firms in India. It was established in the year 1953 and enlarged having its presence in more than 16 states across the country. Standing its stature, the company provides legal services to clients in business, litigation, property, and real estate matters.

Neelesh started his career as a pilot officer and worked in various countries in good positions. He gained a sheer experience in working for various countries outside India.

Learning the traits of professionalism, he embarked them in his work in India. While sharing his sights on the advocates in India, he said “After coming to India I realized that advocates here are still following conventional methods of practice and lack commitment, punctuality and loyalty towards their clients. They are not very approachable and organized in their work.” He wanted to change the work culture, providing a new direction and work environment to the firm to soar higher. He further added “I wanted to change this scenario and chose to join this profession to carry on the legacy and bringing a change in this profession with dynamic approach and reorient the conventional ways of legal practice with commitment, honesty, obedience, and ability to deliver the work in the least possible time.”

The Leading Force behind the Law Firm India has some influential and powerful lawyers, who can hold the whole court and clients in awe of their strong opinions and great confidence. To become a successful lawyer one needs to be dedicated, willing to put in hard work and long hours of research before work begins in a corporation. One such influential personality Neelesh Banthia is a diligent seasoned lawyer and has an extensive experience in dealing with legal matters across the globe.

He is the fourth generation lawyer in his family and has been focusing to establish Banthia & Co. Advocates on an

“

With a profound experience of over two decades he currently guides a team of around more than 350 adroit lawyers. These lawyers are specialized in handling variety of legal issues from different jurisdictions across continents.

With his rigorous work ethic, he has successfully achieved the position amongst the youngest law firm owners in India.

Leading the path and seeking values of commitment, vision, dedication, and persistence has helped Banthia & Co. Advocates to emerge as a multifaceted international law firm.

Legal profession can be referred as one of the rare noble professions in the world as it helps people secure justice

Coming together is beginning, being ‘‘together is progress and working together

“‘‘

is success

“‘‘

“

‘‘ Punctuality in the work place,

sincerity towards work, loyalty towards client, commitment to achieve desired result

they deserve. The fact that the legal system gives power to a person to change the scenario of the society has fascinated Neelesh the most. It has no boundaries and it brings enormous opportunities in countless fields. Due to this, building a brand name at international level has become accessible for lawyers to set a global impact. According to Neelesh in order to fulfill their part incontributing to the society, the company is progressing by assisting religious congregations to open up schools, colleges, hospitals, orphanages and old age homes.

An Excellent Service Provider The main area of concern for Banthia & Co. Advocates is the property law and real estate matters across the country and majorly serves Archdioceses/Dioceses and Religious Congregations of Roman Catholic Church spread across the globe. It currently has nine national offices in Agra, Bangalore, Chennai, Indore, Jaipur, Mangalore, Nagpur, Nainital and Pune. As it nearly operates in almost all States of India and has become an expert in local laws, thus it ensures maximum competency in legal solutions.

The firm’s dedication to deliver abroad range of legal services has widened its footprints globally. It currently has five international offices in the U.S, U.K, Dubai, Singapore and Turkey. Banthia Legal Services is a UK based knowledge process outsourcing company and a subsidiary of BCA. It offers multiple services pertaining to legal outsourcing, paralegal and secretarial services with a team of over more than 400 advocates. Apart from this the firm also operates two delegate International offices in New York and Chicago.

The firm also contributes its services to various financial companies and other prominent institutions in India and abroad. It serves nationalized banks like ICICI and HDFC by handling their cases in India. The firm has cooperated internationally with ELLIS & Co. which is a UK based property management company for buying, selling and regularization of property in UK and India.

An Existing Picture of the Law Industry People today have become aware of the laws and their rights in the society, due to which they are conscious about the monotonous procedure they get involved in case they have to approach court for litigation. Hence alternate dispute resolution strategies are being developed and individuals choose out of the court settlement instead of going for litigation.

It is essential for the advocates to keep up with the current laws of the legal industry. There is an entire new world opened for advocates to practice alternate dispute resolution in different jurisdiction across the globe and establishing their tracks at global level. With the advent of knowledge in the legal fields the advocates aspire to strengthen their drive. They are driven by the phrase and believe in becoming master of one instead of jack of all and master of none.

Upgrading with the Help of Technologies Today the technology is at its highest peak and has colossally transformed the world. Be it any field of work, its outreach has assisted in achieving desired outcome and

shattered all boundaries. It has enormously increased the international boundaries and it has brought an ease of communication with the clients. The advocates solve the legal issues of the clients without having to conduct a oneon-one communication or meeting. Making it suitable for the clients as well as the advocates. The company also delivers documents to the clients in an online format so as to access it easily.

commitment, dedication, honesty and punctuality have brought the company’s vision to reality.

Technology has progressed to such an extent that the management and communication of law firms have become very relaxed. It has become very convenient to connect to the respected offices and manpower from any curve of the world. Security is always a concern for law industries hence technology helps to maintain the confidentiality within the firm’s premises by encoding the communication between the clients and the advocates.

Legal Process Outsourcing is the new progression in the field of law. It helps companies to concentrate on the core activities so as to enhance it and be less worried about the non-core activities. This system is of a great advantage for newbie’s to start working and attains some legal experience. It is beneficial for providing the 24 x 7 support to the companies and law firms irrespective of the time zones with experienced legal and paralegal staff.

The company has faith in embracing the dynamic changes brought forward by the revolution and doesn’t believe in following the conventional methods of advocacy. It has a team that highlights the significance and adaptation of technology in their system. It works with a mission of providing round the clock services to its clients across the globe and strives on maintaining trustworthy personal and long term relationships.

Nourishing with Time The company looks forward to expand worldwide in more countries. It is soon going to establish its offices in Canada, Australia, Kuwait, Abu Dhabi, France in coming years.

Apart from this, they have keen interest in entering other ventures in more legal fields. They have successfully entered into ventures like knowledge process outsourcing through their registered company Banthia Legal Service UK Ltd. It has also started working meticulously and obediently in relation to property and investment matters.

Turning Vision into Reality Banthia & Co. Advocates is a leading legacy law firm. The members of the family are working from the last six decades and are contributing towards establishing and enduring their brand name. They constantly work in preserving and strengthening the goodwill of the company in the society. The virtues of

Delivering excellence, growth

&perfection

internationally

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“‘‘

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10

The

Most Trusted

PROPERTY Law CONSULTANTS

In INDIA

Company Name

Management

Brief

Banthia & Co. Advocates banthialawfirm.com

Neelesh Banthia Co-founder & Owner

Banthia & Co. Advocates is one of the India’s oldest and leading law firms established in 1953.

Cyril Amarchand Mangaldas cyrilshroff.com

Cyril Shroff Managing Partner

Cyril Amarchand Mangaldas is the largest full-service law firm in India with offices in key business centers – Mumbai, New Delhi, Bengaluru, Hyderabad, Ahmedabad, and Chennai.

Economic Laws Practice elplaw.in

Suhail Nathani Managing Partner

Economic Laws Practice is a leading full-service law firm which understands the clients business and offer solutions within the framework of the law.

Hammurabi & Solomon hammurabisolomon.com

Dr. Manoj Kumar Founder & MP, Ms. Shweta Bharti Senior Partner

H&S is leading Real Estate, Estate Planning & Development Sector law firm with an extensive experience and expertise.

Indian Law Practice ilplaw.co.in

Praveen Prabhakar Managing Partner

Indian Law Practice is an exclusive law firm bestowing myriad of services to diverse fields.

J. Sagar Associates jsalaw.com

Dina Wadia Joint Managing Partner

J. Sagar Associates is a leading national law firm which provides legal advice and services to international and domestic clients for over two decades.

Kochhar & Co kochhar.com

Rohit Kochhar Chairman & MP

Kochhar & Co. is one of the leading and largest corporate law firms in India which offers a wide range of legal services in every area.

Leslie & Khettry leslieandkhettry.com

Debashis Khettry Principal

Leslie & Khettry is a law firm providing best solutions in its areas of practice with respect to the client’s requirements and facts.

Shardul Amarchand Mangaldas & Co. amsshardul.com

Akshay Chudasama Managing Partner

Shardul Amarchand Mangaldas & Co. is a full service law firm having seven offices at New Delhi, Gurugram, Mumbai, Ahmedabad, Bengaluru, Chennai and Kolkata.

Singhania & Partners LLP Solicitors & Advocates singhania.in

Ravi Singhania Managing Partner

Singhania & Partners LLP Solicitors & Advocates is one of the leading full-service law firms in India headquartered in New Delhi and branch offices in Bangalore and Hyderabad.

Interview with Insights Success

INDIALAW LLP:

A Renowned Firm Granting Top-Notch Legal Expertise

L

egal firms persistently work on delivering the clients with utmost expertise in legal matters. The legal system has transformed over the years and looks more reshaped than before. It has incorporated various measures like client-friendly approach, innovative mechanisms, creating awareness and sternly following the rules and regulations regarding legal issues. Integrating all these measures, the legal firms have gained a fruitful momentum of client satisfaction, sustaining long-term relationships and overall project success.

In an interview with Insights Success, K.P Sreejith, Managing Partner of INDIALAW gave some insightful answers highlighting the influences made by his firm, service offerings and how it became an eminent brand in the legal world and its future perceptions.

With over two decades of rich experience, K.P. Sreejith, is not only well acquainted with the legal landscape of Litigation & Arbitration, but also helping corporates to handle such matters with ease. He has founded the firm in the year 1998 and has led the team to successfully handle several civil and commercial litigations and arbitrations. By introducing various innovations in to law firm, Sreejith has instilled the best practices of the corporate world into IL. 1. Kindly brief us about the company.

IndiaLaw LLP (IL) is a PAN India law firm, which provides a one-roof solution to people or organizations seeking legal support ranging from courtroom

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litigations to boardroom negotiations. Established in 1998 and headquartered in Mumbai, the firm has its presence in all major cities and state capitals in India, including 10 branch offices in the country and more than 150 lawyers and ten partners.

IL has a large client base including several major national and multinational corporates from divergent sectors like banking, finance, automobile, engineering, information technology, FMCG, retail, hospitality, oil and energy, telecom, infrastructure, realty, pharmacy, insurance and logistics among many others.

2. Kindly brief us about other key areas of your services and products · Real Estate: IL has in depth expertise in conducting real estate transaction on a Pan-India basis. The firm's presence in all major Indian cities makes it one of the preferred law firms in the country to conduct property transactions anywhere in India.

IL offers comprehensive legal service in real estate sector ranging from large-scale real estate project development to acquisition of retail spaces anywhere in the country. The firm has skill and expertise in conducting title due diligence; drafting, executing and registering property related documents; structuring and documentation of real estate finance documents; obtaining government permissions and approvals etc. The Firm also handles several high stake property disputes. The

|August 2018|

K.P Sreejith Managing Partner

firm advises realty companies, financiers, infrastructure developers, IT companies, hotels, etc. in their real estate requirements. ·

Litigation & Arbitration: IL has successfully handled various high profile and complex litigations in the Supreme Court of India and High Courts. The firm also regularly represents its clients before various tribunals and subordinate courts. Il also a strong team experienced in handling complex arbitrations.

·

Insolvency & Bankruptcy: IL is emerging as one of the most preferred law firms in handling insolvency and bankruptcy proceedings. The firm is handling many high-stake bankruptcy proceedings across various company law boards. IL has the added advantage of having offices in all cities with national company law tribunals. The firm offers comprehensive end-to-end legal services under the Code.

·

Banking & Finance: IL advises several global and domestic banks and also represents non-banking finance companies, asset managers, funds, institutional lenders and corporate borrowers. We advise on banking & finance matters, corporate debt, syndicated loans, project finance, asset and trade finance, securitization, derivative transactions and structured finance, issues of rupee denominated bonds and debentures, foreign currency bonds, refinancing, etc.

·

Merger & Acquisition: IL has advised on many domestic and cross border transactions including joint

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ventures and strategic investments, fund formations, asset purchases, franchise agreements, technology transfers etc.

3. What challenges do you face in handling the complex working of the legal system?

The world is changing way faster than earlier it used to be. We can see changes in every aspects of our life.

However, legal system is still stuck in the twentieth century. Our legal system is resistant to change. As a firm, we have changed over the years. We use state of the art technology to ensure efficient handling of matter. We employ dedicated Client Service Managers to each of its clients to ensure real-time communication and efficiency. However, ultimately we have faced the same old legal system.

4. What is the key mantra behind running a successful law firm for over 2 decades?

Law is a constantly evolving subject. Constant evolution and adapting to changes is the key mantra of our success.

5. Being a pioneer in the law industry what is your current stature and how do you look forward to maintain it?

7. With technology available at the palm of our hand how do you incorporate it in your system and to what extent?

IL uses state-of-the-art technology to ensure efficient handling of matters and provides real-time updates to its clients with only a click of a button. We use ERP tailored for our needs. Our clients can also log in into our system from anywhere and know the exact status of their matter.

8. What values contribute in the ethos of your company?

We believe in excellence combined with uncompromised integrity.

9. What are your future perspectives?

We started as a small law firm in 1998. For the first one and half decade, we grew slowly but steadily. However, for the last five we had an exponential growth.

Currently, we have ten offices in the country and ten partners. We have an adequate mix of both contentious and no-contentious lawyers. We expect to continue our growth in future.

We are experiencing phenomenal growth both in terms of client and revenue for the last five years. During this period, we have set up a strong system. We are well poised now and I expect us to grow much faster from here onwards.

6. Having an association with various high quality brands what kind of relationship do you share with your clients?

The major achievement of IL is its diverse client list.

From Fortune 500 companies to budding startups, pioneering entrepreneurs to aspiring business leaders, we treat each of the clients with equal attention. Our relationship often goes beyond lawyer-client relation; over a period of time we have become an extended wing of many of our clients.

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10 PROPERTY

The

Most Trusted

Law CONSULTANTS

In INDIA

Hammurabi & Solomon Partners: Legal Services driven by Excellence & Innovation

“

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e answer the most difficult questions in the most efficient manner and handle most complex matters with out-of-box thinking.”

Hammurabi & Solomon Partners (H&S) was established in 2001 as a full-service law firm with the vision to provide quality, professional, results-oriented legal - business solutions. The Firm is highly recognized & acknowledged for managing large and intricate multi-jurisdictional transactions, policy, regulatory & strategy projects, dispute management as well as complex corporate M&A matters.

The firm provide consistent high-quality expertise derived from immense transactional experiences and innovative thoughts, while offering solutions to critical requirements.

With 6 offices in prime locations of Delhi, Gurgaon, Mumbai, Bangalore, Patna and Ranchi, the firm enjoys a pan India presence.

Having over 100 members in India, H&S is the pioneer in the realm of legal services and known to deliver seamless solutions to its diverse client range, which includes Fortune 500 companies, multinationals, embassies and top Indian corporations. The team at H&S is a talented pool of technical manpower having a perfect blend of consistent high-quality expertise derived from immense transactional experiences and innovative thoughts. H&S is regularly leaned-on for thought leadership by government, private bodies and think tanks on critical law regulations and policy issues.

An Adroit Leadership An ace lawyer in the Policy, Regulation, Strategy & Corporate M&A space, Dr. Manoj Kumar, Founder & Managing Partner of the firm is a recipient of the prestigious Mahatma Gandhi Samman 2017, awarded at the House of Lords, London. Indian Business Law Journal’s A-List & Lexis Nexis publication named Dr. Kumar as one of the 100 Legal Luminaries of India. An alum of the prestigious Harvard Business School & National Law School

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of India, Dr. Kumar is recognized as an eminent Author, a Policy Expert, Independent Director, Strategist, Columnist, Philanthropist Thought Leader and Guest Faculty in leading institutions such as the Indian Institute of Management (IIM).

“Rule of Law & Sustainable Development have to be key drivers for the Legal Services and the judicial eco-system to achieve the Constitutional Mandate of delivering justice (social, political and economic) to every doorstep” adds Manoj.

An eminent personality, Ms. Shweta Bharti is the Senior Partner & Head of Real Estate & Property Law Practice at the Firm. Shweta has an extensive experience of transactional and litigation. Shweta actively works to create bespoke solutions for client specific needs, within the oftencomplex Indian regulations, foreign exchange rules and various other commercial regulations. Shweta advises clients on various legal issues, draws effective litigation strategy and represents them at the Supreme Court, the various High Courts, Mediation and/or Arbitration panels, other Tribunals and Appellate bodies. She provides an ideal combination of consistent high-quality expertise derived from immense transactional experience and innovative thought in providing solutions to delicate transactional-legal needs.

An Excellent Service Provider in the real estate, estate planning & urban development space The firm is highly recognized and acknowledged for managing large tender documents, concessions, public private partnerships, EPC contracts, real estate finance and tax, domestic and cross boarder deals /and many others. The firm has been handling large scale real estate transactions including those involving FDI in the real estate sector and has in the past provided advisory with respect to residential, commercial and industrial developments, special economic zones (SEZs), townships, multiplexes, malls and IT parks in India.

|August 2018|

“

CLIENT COMMITMENT, INNOVATION AND TEAMWORK ARE AT THE CORE OF H&S’S PRACTICE

“

Ms. Shweta Bharti

Dr. Manoj Kumar

Senior Partner

Founder & MP

It has also developed a unique expertise in providing legal assistance and advisory services in compliance with the terms of the real estate (regulation and development) act, 2016. The firm’s property law and real estate practice team handles all aspects of the entire property life-cycle which deals with construction, development, investment, letting and leasing, real estate finance and real estate litigation. H&S always ensures that clients receive high-quality legal services that achieve the optimum outcomes. Clients refer to Shweta as the ‘most co-operative and diligent’ representative, as she understands the ecosystem of the problem and provide a unique solution, making complex issues look very simple.

Being a full-service law firm, in addition to our core expertise from the Real Estate practice group, we provide comprehensive support for any real estate transaction by drawing resources from various other practice groups including our Funds, Taxation, Corporate & Commercial groups. We are able to respond to complex situations with speedy and creative solutions that are demanded in today’s highly competitive and rapidly changing real estate environment.

Affirming the Deeds Shweta expresses his area of interest about the legal system “The role of legal professionals is the key to achieve & deliver the justice to every door step. Our legislative system is always seen as an instrument to provide equality before

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law and equal protection of law to every citizen who has led the profession of law to be seen as a noble profession and not a business. Therefore ethics, transparency and accountability remain at the core of this legal profession and should be strengthen to achieve our constitutional goal. ” Dealing with the Present Times With changing times, a set of new laws is bringing meaningful modifications and transforming the procedures of the legal system. Real estate is one the most dynamic sectors to experience such salient alternations. It experienced the biggest changes in decades that were never sought after especially on the policy front. The top game-changing policies like GST and RERA effectively tackled hurdles and were finally implemented. Demonetization with Benami transaction law also had its impact on the sector.

The government of India enacted RERA with the main motive to bring transparency and accountability in the real estate sector. The act is incorporated to acquire more domestic and foreign investors on board, as it is imperative to regularize the sector and eradicate as many risks as possible and accomplish the same.

Strengthening with Time Over the years, the firm has come a long way, its sheer contribution and ethical service offerings have earned valuable awards and felicitation in the legal space. “Our aspiration has always been to grow in totality which means to achieve growth not only externally i.e., by increasing our client-base but also to build a strong team of home-grown and lateral hires with extensive expertise” concluded Shweta.

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Editor’s pick

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C

ommercial laws also known as business laws are fundamentally directed by Uniform Commercial Code (UCC). The Business and commercial laws were initiated in India under the Indian Contract Act, 1872. These laws deal with the issues faced by public or a particular individual. Commercial laws are the set of laws that organize business exchange practices which focus on the terms and conditions, permits, afďŹ liate understandings and so on with respect to the businesses.

Business and commercial laws are closely related to the sectors like E-commerce, Real estate, Income Tax etc. Being a branch of civil law, it is also applicable to the individual who plans to start a business on his/her own.

Main Objectives of Business and Commercial Laws Business laws are helpful for an effective trade between the businesses and customers. It creates a seamless system which is fair for both the parties so that the trade can be managed rationally. Commercial and business laws as a whole signify legal services that are implemented to support the business economy as per their products and services are concerned. Also, in addition, commercial laws incorporate the business expenses and security interest. Business and commercial laws are the laws that govern how to start, buy, manage, along with close or sell any type of business.

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The Role of Commercial Laws in Business Development Commercial laws let businesses to handle taxation in a sensible and logical manner. The laws create a competition that is healthy for an economy which leads to the betterment of products and services at fairer prices which will indirectly help in the development of the business. The business and commercial laws play an essential role in guiding and legitimizing the process of change. The employment laws epitomize certain commercial laws which highlight the interaction of employers with the employees.

Many of the relevant business laws witnessed several changes to bring more transparency, disciplined governance, and simplification which play a key role in developing the business ethics.

The Commercial Lawyers Commercial Lawyers are the counselors and legal advisors who are specialized in the business laws. They conclude and draft contracts reviewing the employment agreements or company mergers.

Some of the commercial lawyers work for a particular law firm while others are appointed by a company and represent its legal interests completely. Commercial lawyers handle the business transactions while some work for a particular corporation called as in-house attorneys. They are appointed by the government or international agencies to deal with the international business transaction practices and also review agreements related to the trade and employment.

Legal Compliance Audit A legal compliance audit is the analysis of a company’s processes and methods about dealing with the present federal, local, and state laws. A legal audit allows assessment and prediction of the serious issues which create a distraction in the company’s point of view about the

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future growth. A company’s operational performance is taken into account with respect to the standards of the legal compliance audit. The proper and secure legal audit is necessary for smooth running of a business. The legal audit leads to the betterment of business entity and its organizational and managerial structure. A detailed analysis of the production, distribution, and marketing methods can be successfully attained with this legal audit.

Organizations Engaged in Commercial and Business Laws ITechLaw (International Technology Law Association), was founded in 1971, which highlights and organizes conferences that explore issues and trends in both information technology and intellectual property law. This organization works for the betterment of a business with respect to the technology. Student Intellectual Property Law Association (SIPLA) deals with the curriculum on properties related to intellectuality, patents, trademarks, and copyrights with respect to the student body. It provides networking and learning opportunities to students. SIPLA deals with creating awareness in the student body about employment.

The US organization founded an American Law and Economics Association (ALEA) in 1991 to focus on public policies and their issues related to the economy. ALEA also focuses on laws that support the economy of a business.

Laws are necessary to build, run, and empower a business firm. Business and commercial laws are providing complete legal solutions for the growth of a business as these laws are vitally supporting the business economy. Predictability to legal decisions with respect to a business can be attained by knowing the business and commercial laws. These laws have initiated a wide body of laws that govern business transactions.

|August 2018|

Expert’s Viewpoint

Elevating the

Legal System

by Leveraging

Technology J

us Dicere is a firm encouraging individuals to present their research work in various fields such as social, economic and political areas which are all realistic components of the legal industry. Parag Agarwal, CEO and Founder at Jus Dicere, is an eminent personality having sheer knowledge in entrepreneurship and research.

Talking to him he shared his sights regarding the influence of technology in various aspects of the legal sector and concluded with future perceptions.

The connection amongst law and innovation frames two particular territories for talk and civil argument, however, both are entwined and no discussion is finished without recognizing the other. In any discussion on the eventual fate of the legitimate calling, there must be genuine thought of the part that innovation takes to shape and improve that future. The connection amongst law and innovation frames two unmistakable territories for dialogue and open deliberation, yet both are interwoven and no discourse is finished without recognizing the other.

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Today presenting further developed innovative instruments in legitimate practice is not any more a recommendation, however the truth. In the midst of financial hardship, customers expect quality and productivity from a part where they are charged continuously and the largest amount of skill never again appears to be adequate to recognize a law office from its rivals. Luckily, legitimate practice comprises of a specific degree of monotonous assignments which can be robotized or if nothing else streamlined. For instance, e-revelation programming bolsters experts in precedent-based law purviews by recognizing and auditing the tremendous measure of reports to be delivered in disclosure procedures. In any case, supposed legitimate tech goes past encouraging tedious undertakings beforehand designated to junior legal counsellors.

The lawful administrations division has encountered consistent development as a result of the ascent in global exchange. Keeping pace with this technology and the requests of customers in an undeniably complex condition |August 2018|

Parag Agarwal CEO & Founder

requires an alternate approach; one that perceives the present substances. With expanded rivalry, the legitimate business worldwide is developing to react to unfulfilled lawful needs and upgrade the conveyance of lawful administrations to customers in an offer to advance a responsive and present day lawful calling that can better support the general monetary (and social) prosperity.

Lawful information examination remains maybe the most encouraging development in the long haul. It alludes to the way toward breaking down lawful information to separate significant data utilizing the strategy information researchers as of now apply in different fields: How are those cases related? How does this judge tend to run the show? What are the odds of accomplishment of this case in a few wards? Already the domain of legitimate distributers, this method |August 2018|

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includes preparing a lot of lawful information, some of the time called ‘huge law’, uncovering designs which would some way or another go unnoticed. Normal dialect handling and representation devices supplement this new approach permitting both honing legal advisors and scholastics to direct better quality research in a shorter measure of time.

TECHNOLOGY REVOLUTION AND LAW The connection amongst law and technology is interwoven.

The fate of the lawful business can’t be examined without considering the part that technology will play to shape and improve that future. So also, any discourse on technology is without considering the lawful system in which it works.

The development of new advances in lawful industry mirrors what is going on in the more extensive business economy — it has realized energizing change and substantial scale buyer and business advantage as additionally a cutting-edge work culture. While gifted legal advisors (and law offices) can’t be supplanted by calculations and mechanization; the light-footed, portable, all around associated customers expect and request more from their legal advisors, viz arrangement of legitimate administrations consistently in a globalized world with a settled charge and straightforwardness.

LAW PRACTICE VS CLIENTS Law offices and customer relationship extemporized and extended the part elements of an ordinary law office to multi-dimensional, unique stage. The e-information accessibility empowers a law office to break down the necessity of its customers in much better approach to get together the customer’s desires and gives a prevalent focused edge in the field.

TECHNOLOGY IN INDIAN COURTS

of Supreme Court cases from 1950 to date is accessible on the web.

THE FUTURE OF LEGAL-TECH SECTOR IN INDIA At this moment, legal counsellors have a genuine issue of having a solid and proficient online legitimate research entryway. Finding applicable Indian case laws and breaking down the unstructured incomparable court judgements are some prime issues that emerge while leading legitimate research in India. Utilizing technology in lawful research space has magnificent future. Indeed, the administration has been steady in executing technology for quicker legal thoughts. The Law Commission of India in its report, “Changes in the Judiciary – Some Suggestions”, has prescribed that cases on comparable focuses ought to be clubbed together utilizing technology and chose without a moment’s delay on a need premise.

CONCLUSION Legal advisors and others in the legitimate business need to draw in with these issues or they confront getting to be superfluous to their customers. Customers have an exclusive standard of what technology can convey and this desire is judged against their experience conveyed by extensive technology firms, for example, Google and Apple.

Legal counsellors themselves may well find that they are completing an altogether different activity from their antecedents.

By 2020 the delineation of lawful administration expectations will be much clearer than it is currently with a built up lawful biological system. In spite of the fact that technology is and will be the driving component for joining of a lawful biological community, legitimate researchers will be a ‘state of touch’ amongst clients and legal advisors through technology-directed process change frameworks.

The listing of business information system (LOBIS) gives a calendar of the cases to be heard by the courts on the next day which wiped out the manual procedure of cause list age. The crucial skeletal back-office task of a court went to an aggregate re-vamp by receiving this framework. The computerized headway in Indian legal empowered the disputants to get their questions addressed online about their pending cases. A total content of all revealed judgment

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|August 2018|

10 PROPERTY

The

Most Trusted

Law CONSULTANTS

In INDIA

Indian Law Practice Providing Comprehensive, Innovative and Solution-Oriented Legal Services

T

he legal firms meticulously work to offer clients the best expertise regarding legal issues. The lawyers put their best step forward to procure integrity for their clients. With changing times, the legal industry has transformed and kept it updated with the latest actions.

Technology plays a vital role in keeping up with the current happenings to expand the outreach of the legal industry.

Integrating various measures, the legal firms have gained an impetus of client satisfaction, sustaining long-term relationships, and overall project success.

One such firm with the vision to be a pioneer in the changing real estate spectrum and an aim to create a niche is Indian Law Practice (ILP). It is an exclusive law firm bestowing myriad of services to diverse fields. ILP offers utmost legal expertise and advice for several industries. It has a committed team of specialized and experienced lawyers including partners and associates, who diligently work to strengthen the service offerings of the firm. The firm is also assisted by its network of affiliates across India.

ILP’s extensive plethora of practice areas includes Real Estate, General Corporate Commercial, Litigation and IP. It provides top-notch services in a cost effective and advantageous manner.

A Resourceful Leader An adept determined lawyer Praveen Prabhakar, the Managing Partner at Indian Law Practice started his initial practice in the real estate field at a leading law firm at Bangalore. Later on, he joined a renowned law firm in Bangalore itself and was instrumental in setting up the real estate, litigation and compliance services of the firm. Over

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the years, his sheer contribution to the firm was truly appreciated and helped him to acquire the position of a Partner in the year 2007. He was leading the Real Estate, Litigation and Compliance division of the firm.

However in the year of 2010, he established Indian Law Practice as a proprietor with almost ten lawyers in the firm.

Praveen is an intelligent-self having vast knowledge and proficiency about the theoretical and practical aspects of various issues in the field of Real Estate, Business and Corporate, Employment, Intellectual Property, and Information Technology laws.

In his professional journey, he worked with many reputed clients. He has been advising and providing various legal services to Karnataka RERA, Urban Development department, IT&BT department of the State Government of Karnataka and Bruhat Bangalore Mahanagara Palike (BBMP). Apart from this, he has also guided and supported the members of the NRI forum on numerous legal issues.

Fostering with Amenities ILP provides services across practice areas and is independent of the industry sectors. The firm serves to a set of alleged clientele which varies from the domestic and multinational corporations to the financial institutions and high net worth individuals.

The firm’s client-friendly approach helps it to understand the client’s business objectives, expectations, and work accordingly. It addresses the client’s every legal requirement and aligns its services to adequately fulfill their client’s needs.

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“A fair Settlement is better than a prolonged litigation

“

Praveen Prabhakar Managing Partner The firm has dealt with several developers, real estate business companies in India and abroad. It advises and assists real estate firms in acquiring property including commercial, residential and agricultural lands. It also assists in drafting necessary agreements, which is not restricted to Joint Development agreement, Sale Deeds, Agreement for Sale, Lease Agreements, and many more. The firm guides its clients on issues relating to Capital gains, FEMA and RBI regulation with regard to the purchase and sale of property by Indian and Foreign National, Foreign Direct Investment, and Special Economic Zone.

Over the years, ILP has catered all the Real Estate requirements of the eminent Software and IT companies, Hospitality companies, Developers, Real Estate funds, International Property Consultants, Insurance companies, Banks, Shopping malls and High Net worth Individuals and many more. It’s workflow varies from -reviewing of title documents, analyzing the potential risks, providing title scrutiny report, drafting, negotiating, finalizing of agreements such as Agreement to Sell, Construction Agreements, Sale Deeds, Power of Attorneys Mortgage

|August 2018|

Deeds, Escrow Agreements, Joint Development Agreements and assisting in registration of the same.

Technology: A Prominent Stride Praveen is intrigued by the constant changing laws and keeps pace with all the developments and adaptation of new technologies. He shared his views on technology, “Legal Fraternity is currently highly respected and is a good space to be in. The use of technology is the only way to keep up with the current laws. It is a necessary evil, it’s highly impossible to have a legal practice without the intervention of technology in the present age and going forward. We are able to get and update clients, colleagues in real time on matters.” This paperless flair is the new phenomenon that has brought salient alterations in the legal industry.

Coming a Long Way Over the course of few years, ILP has contributed to a wideranging area of industries. It’s dedicated team of lawyers are excellent service providers, who strive to establish the firm as one of the leading brand in the legal industry. The law firm aims to be involved in drafting legislations, acts, rules relating to the Real Estate, Urban bodies, Corporations and help develop civilized cities and towns.

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L

aw is a complex and challenging profession where lawyers have serious responsibilities to guide the clients with the rules and regulations of the legal system. A good lawyer has to be skillful and tactful in order to deal with the client’s case. As society is growing more awareness of the legal system, the lawyers have to be attentive towards the current happenings and keep an update with the new laws. So, a number of measures are required to be a successful lawyer.

Here are some of the measures to incorporate Awareness of the information As discussed, the lawyers have to keep a check on the upcoming areas of laws; they also have to be well informed of every state. As different states introduce new legislation, it affects the area of law practice every day.

Also, the federal laws keep on changing regularly.

Thorough research work Every case has different terms and conditions, the severity may vary from case to case. Some cases may involve issues that are new and not dealt before. As such, research work has to be done to ďŹ nd the answers, understand and practice it for future use. The legal research method have changed immensely over the last two decades, hence it is imperative to ensure about the electronic research methods. There are also a number of well-known applications regarding the online legal research companies.

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|August 2018|

Legal Insights

Traits of Becoming

A Successful Attending the CLE seminars CLE stands for continuing legal education and these seminars which are conducted to provide the valuable legal knowledge. In order to maintain the law license, the lawyers are required to earn a certain number of CLE hours each year. The upper echelons of the legal industry are often invited as the spokesperson at these seminars. These experts talk about their respective areas of practice and share their experiences. The lawyers get a chance to ask any queries to the experts and also improve their network by exchanging information with other lawyers in various areas of practice.

Practice critical thinking To become a successful lawyer, one has to broaden their perspective to look deep into a legal issue from all angels. The lawyers have to come with the best solution and develop a sound legal argument to support the client’s approach. It is mandatory to have knowledge about all the relevant facts before jumping on the conclusion. In some cases, the clients are likely to miss out on an important piece of information; hence the lawyers should ask them the necessary questions and ďŹ nd out the required information accordingly.

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Challenges Faced in the Long Run The legal profession has always been competitive and with the introduction of the technology it has experienced severe rapid changes. These changes are fundamental and vigorous but come with a host of challenges. One of the major challenges faced by lawyers is dealing with technology, the internet and clients.

Technology is the new paperless flair which has bought salient modifications in the legal industry. It helps in a lot of ways and has changed the face of the way many industries operate. But, one reason why it is challenging for lawyers is due to the client expectation. The clients are always high on demand and expect a lot from the lawyers. With the growing access to the internet, information today is readily available. Hence, the clients do their own share of research before speaking with lawyers. As the clients are empowered by technology and expect their lawyers will be positive in finding ways to be efficient and offering options and solutions in terms of results.

Also the internet offers low-cost legal service providers which attract the clients with their cost-effective services. Some of the other challenges lawyers deals with are globalization and competition.

A Distinctive Approach Maintaining good relations As every court has a unique practice and different working style, the court staff can be valuable in giving practical information that is hard to find. It is difficult to have a conversation with the judge regarding a particular case, but judges often are willing to discuss different fact scenarios and points of legal system.

A trial practice seminar A trial practice seminar is of a great help for the lawyers as its gives them a chance to improve their trial practice skills. There are a number of national organizations which offer trial training for those lawyers in particular, who regularly represent clients in the courtroom.

Having a mentor to guide Every lawyer needs an expert with whom he can discuss cases, try out arguments and get answers to all questions. This can be advantageous for the lawyer as a senior can share many experiences and knowledgeable information.

Respecting judges It is very important to behave professionally while interacting with the honorable judges and court staff.

Listening with attentiveness without interrupting and behaving with courtesy will showcase a good image of the lawyer.

The above information represents a wide-range of qualities and other aspects needed to become a good successful lawyer.

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|August 2018|

Chalk Talk

INTELLECTUAL PROPERTY & its Importance for

ECONOMIC

Development Suneet Sabale

Founder & CEO

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|August 2018|

B

rainiac IP Solutions is a firm helping national and multi-national companies in validating, protecting and enforcing IPR rights universally for growing revenues. It delivers the clients with excellent services in diverse sectors like patents, trademarks, industrial designs and copyrights. Suneet Sabale, CEO and Founder at Brainaic IP Solutions is an Indian patent practitioner and mechanical engineer having extensive experience working in the field of patent industry for more than 12 years. In conversation with him he shared his sights on the intellectual property and its significance of protection.

Intellectual Property (IP) protection has a long history.

For the United Kingdom, one can trace its footprints way th th back from 14 Century, United States 17 Century and th Japan 18 Century. 600 years back ruler of UK recognised intellectual creation and its importance of protection. Accordingly, we can also map the economic strength of these countries. All most of the developed nations have clear intellectual property law and good enforcement system to protect the rights. Even these countries have separate courts to handle IP related matters for expedite redressed. China started very late in IP. The first patent was filed in 1984 (as per our findings), but they moved very fast. China and India both signed international IP treaties in the same period.

During initial days, the IP enforcement was not effective in Mainland China. This was used advantageously by the local manufacturers to increase their economic strength and for expansion. This financial and expanded manufacturing strength is being recognised by many OPE, and therefore today China is the number one destination for outsourcing of manufacturing activities.

After almost 30 years later China is ambitious enough to become number one economy of the world. Also, there is a significant rise in IP related matters which implies that they have good enforcement capabilities. Also, the Chinese government is making continuous efforts in

|August 2018|

improvising the rules. Since 2014 more than one lakh IP cases were filed in China, and a separate court has been established in major cities. This has made China number one country with respect to no. of patents filed per year.

Around 4.5 million patents were filed by China in 2016.

On the other side, even after beginning the journey during the same period, India is left behind long way concerning the economy as well as in the number of patent filing. Still, as on date, 70-80% of the Indian patent filing is done by foreign companies. Majority of the Indian Companies started their IP activities after 2005. This means at least we are 70 years behind in comparison to foreign companies from US, Europe and Japan.

The question arises here – “Is it because of the government mechanisms or the public at large?”

India is the largest democratic nation with a population contributing to 37% of the world population and expected to be the number one country in the world by 2028. Even with such a vast population, we are not at par with countries like Taiwan 0.4% population, Israel 0.12% Population, Japan 1.7% population, Germany 1.1% population, the United States 4.1% regarding economic and technological development. Is the population becoming an obstacle by creating colossal competition to earn the primary livelihood, which sometimes forgets ethics? This is the source of all emerging shortcuts, influences, and other unnecessary activities rising above the competition leaving behind the real good portion of society. Is it the short vision that does not allow us to think in the long term? Or is it the laziness that people have acquired over the time trying different shortcuts, which have failed. Even if this is a picture at large, still a small portion of the population is working hard enough contributing to the economy. These are the few genuine taxpayers and government officials continuously working hard and pushing the nation ahead.

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For this category, though the number is a problem, it is insignificant.

The government is a democratically elected government has no option but to take populist decisions, which may not take us anywhere. Two years back Start-up India had become popular. An excellent initiative with a lot of funding’s assured by the government. Banks were assigned to release such base on various criterions. With a history of lousy loan debt, banks were not ready to fund beyond an absolute limit. Beyond that limit, collateral was asked by these banks which were logical in their perspective. They don’t want the rise in the number of defaulters. Further, facilitators were appointed to reduce the further financial burden on the Start-up.

Moreover, here we emphasise more on cost-effective solutions rather than substantial solutions, which will save time and efforts, which is sometimes difficult to predict the success of a product in the market.

future. If you are not able to think, at mapping competitors patent portfolio will give the direction in which the industry is moving, and accordingly, the R&D strategies can be implemented. With correction vision, realistic expectations, collective hard work will definite help us to bring the rise in technological development, indirectly resulting in the increase in the national economy.

I think we run around the problem instead of solving the problems.

What is needed is a good overhauling of the population.

A single invention of an individual will not make him a millionaire. Patenting cannot be compared with gambling. Consistency, correct efforts in a right direction will definitely fetch more significant results. Patenting is just a foundation on which an entire product line can be dependent sometimes. Patenting will not attract investors, but the right use, implementation and sound business model can lead to success or help in attracting investors. A futuristic vision, which can speculate where the industry will move in next 10-15 years will help is adopting correct R&D strategies and therefore patenting approach. We are in the era of fast-changing technology, where every year we see up gradation, and this is further reducing. If patents are applied for the technology that can be used now, then the patenting won’t fetch you any results. At least the technology implementation for which the patent is filed today should be 5 years ahead in

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|August 2018|

10 PROPERTY

The

Most Trusted

Law CONSULTANTS

In INDIA

Leslie & Khettry: Delivering Quality Solutions through Holistic Approach

W

ith present times, the field of law has undergone meaningful modifications and transformed for the better. The new laws bring in a sense of reality with inherent advantages to secure prompt justice.

The outreach of the legal process has immensely expanded, as it has advanced with the help of technology. Today, the communities have broadened their mindsets and put forth the right agenda to fulfil its requirements as clients.

One such firm with the core philosophy of providing the best solutions in its areas of practice with respect to the client’s requirements and facts is Leslie & Khettry. The Firm bestows its services to an eminent list of clients that includes listed companies, banks, public sector, undertakings, insurance companies, governmental authorities, embassies, public and private trusts, small and medium enterprises, high net worth individuals among others. The Firm works through its two principal offices located in Kolkata and New Delhi, and reaches pan India through associates situated across various cities to serve their clients.

The Leading Lights The Firm was established by Late Sreenath Dass Khettry in 1944. He was a renowned solicitor of Kolkata in his time. He was the legal consultant of choice for industrialists, tea estate owners, shipping industry and merchants of the early flourishing jute markets in Kolkata.

He was also a notary appointed by the Archbishop of Canterbury, Church of England. Late A. A. Leslie, a renowned English solicitor, who was also associated with the Firm practiced in Kolkata until 1965.

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Currently, Debashis Khettry is the Principal of the Firm, who is an expert in property law, taxation and trusts. He has been associated with the Firm since the young age of 18 and is an advocate-on-record of the Supreme Court of India.

He has an extensive experience of over four decades in dealing with myriad issues in relation to property ranging from synthetic leases, real estate lending, property related disputes including partitions, due diligence, conveyance of contracts, builder agreements, sale, purchase, leasing, constitution, advisory, taxation, estate planning, and many more.

In the course of years, Debashis has worked with many business families and real estate developers to resolve their property related matters. Guiding him along the way is his son Debanshu Khettry, a fourth-generation lawyer. He is a gold-medallist from National University of Juridical Sciences, did his LLM with distinction from University College London and works as the principal associate at the Firm. The Firm is engaged in various other practice areas such as corporate and commercial laws, arbitration, banking and finance and many others.

Elevating with Technology Technology in today’s world plays a vital role in any industry. As per a survey conducted by a team at the Firm, technology plays a major role in approximately 85% of the businesses that are emerging currently. Even then a wideranging scope for artificial intelligence still remains and predictions state that it can be a game-changer for legal processes. However, it is still at its nascent phase of adaptation in the Indian legal system. The traditional forms of technology have helped in faster and smoother

|August 2018|

“

THE ONLY MEASURE OF SUCCESS FOR THE FIRM IS THE CLIENT'S SUCCESS

“

area of law. Advocates at the Firm tend to keep up with the current laws by reading the latest legislation, reported judgments and amendments amongst others.

Debashis Khettry Principal communication, increased efficiency in research and better administrative support.

Managed Legal Process Outsourcing LPO is advantageous for both the service providers (lawyers) and the service recipients (clients). It is beneficial in reducing the cost of services and at the same time allows tapping into the skill sets of specialists. This results in the use of best practices and achieving economies of scale. The Firm involves in managing the outsourcing of legal work according to the client’s requirements and circumstances of the case and is cost conscious. Managed outsourcing also helps the Firm in avoiding some of the in-built drawbacks to legal outsourcing such as lack of quality control, breach of confidentiality, communication and cultural barriers.

Principled Work Ethic The Firm has come a long way over the years; by keeping a track of the current affairs and believes that clients are their biggest assets. To quote Mahatma Gandhi, “a client is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work. He is the purpose of it. He is not an outsider in our business. He is part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so.” It provides the clients with prompt response and always keeps them updated on their case scenario. At the same time, it maintains highest standards of professionalism and ethics, and also ensures thorough research, analysis and diligence in handling issues. The Firm has a result driven approach with a sharp focus on issues that are significant for the client. It works with an approach of providing clear, pragmatic and actionable solutions to their complex legal challenges. The Firm’s mission is to serve the clients to the best of their ability. The only measure of success for the Firm is the client’s success.

Keeping Pace with Existing Times As new laws keep coming, the work scenario changes and due to the ever-increasing laws running into minute details and having indirect consequences, the field of law is becoming more complex day-by-day. In recent times, there is hardly an issue that involves only a single or specified

|August 2018|

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Leader’s Insights

TECH TO TAME THE ELEPHANT IN THE ROOM The judicial backlog & LEGAL

CHALLENGES

Aman Kakkar CEO & Founder

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|August 2018|

L

awSlova is a legal firm providing swift and consistent legal solutions appropriately and efficiently from lawyers across the country on a single platform. It delivers the user with hands-down legal knowledge, guidance and advice. Aman Kakkar, CEO and Founder at LawSolva is an experienced advocate offering litigation at various courts of law. In conversation with him he shared his views of the current scenario on court cases in the legal system and with the help of technology, the legal system can be transformed in a big way.

As per National Judicial Data Grid statistics, There are 2, 67, 73,356 cases pending in various courts of India, and it is escalating with each coming day. Drastic measures need to be implemented to reduce this colossal number and deliver justice to the litigants. It is the age of the millennial and we could definitely seek technology’s help to crack this challenging problem.

There is a cause list generated daily which includes the cases to be taken up in the court the next day. When the cases are being called in the court, it has generally been observed that many advocates are waiting for 2-3 hours or more just to seek adjournments in their cases.

Due to this, the precious court time is wasted each time such a case is called out. To prevent this, an online system may be created where the advocates can email the day before to the court assistant or the reader filing a written request for adjournment. The court may then grant dates as per it’s discretion by the end of the next day which can be enquired online or from the court reader the next day.

This practice would enable all the courts to take up the matters only where both parties are prepared for the next day hearing. It would further save up to 45 minutes daily valuable time of the court. This would further empower the court to hear more matters every day. This system has been adopted in many developed countries as well and has proven to be pretty effective.

The latest figures (as on 11 July 2016), as seen from the National Judicial Data Grid and Department of Justice data, tell us that there are 16,438 judges at the subordinate

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judiciary level, 621 in high courts and 29 in the Supreme Court. In total we can say there are 17,088 courts in India working 243 days per year on average. If the above system is implemented it can provide an extra time of 768,960 minutes(534 days) to the courts per day which turns out be a whopping 129,762 days (355.5 years) per annum to the courts pan India. I am sure 355.5 years’ worth time can surely be utilized to resolve the judicial backlog issue of over 2.5 crore cases in India.

Moreover, the advent of Artificial Intelligence (AI) can impact the legal domain in a huge way. The legal realm is a universe of documents, case laws and Acts. AI helps with legal research which could otherwise take days to complete.

The tedious tasks like review and analysis of documents, proof reading, and document discovery can be done in notime. Gigabytes of legal orders could be processed with the help of AI and outcomes can be assessed more accurately.

These tasks are humanly impossible otherwise. Moreover, the crimes these days are being done through social media via smartphones, laptops etc. Analyzing data items for evidence on such devices may take up to days of human effort. AI is the clear answer to this problem.

A senior British Judge proposed a solution in a disclosure case that artificial intelligence (“computers learning from feedback to make accurate decisions”) be used to help prosecutors trawl through digital evidence instead of humans doing so. The senior British judge had said that “technology has created many of our current [evidence] disclosure problems’’ – and then added that AI will fix them”.

It is said that “necessity is the mother of invention”. To our good luck the inventions have already been made, we just need to utilize them.

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