PRACTICE AREAS

 

FAMILY LAW

Marriage and divorce. 

India is a secular country with a wide number of religions freely being practised. The major religions practised in India include Hinduism, Islam and Christianity. People solemnise marriages in accordance with religious rituals and ceremonies, which are mostly codified by statutory personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce and other connected issues, are essentially governed by the personal laws of the parties depending on their religion, which are codified by statute in most cases:

  • Hindu : Hindu Marriage Act 1955.

  • Muslim: Muslim marriage is a contract under Muslim law.

  • Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869.

  • Parsi: Parsi Marriage and Divorce Act 1936.

In addition to the above, the Special Marriage Act 1954 applies to all persons of all religions. This is a civil legislation and parties from all religions, caste or community can elect to marry under it. A divorce would then be governed by the Special Marriage Act 1954.

All these laws apply throughout India.

  • Our family law services

As an established law firm, we pride at providing the best family and divorce legal advice. We have family law specialists who have extensive experience, and an in depth knowledge of family laws in the country.

 

We believe in providing a very high level of client service. Our clients tell us that they value our ability to communicate complex issues in a pragmatic, innovative and a positive way. We provide an all-round, integrated service, covering not just family law but every other service required by individuals involved in a divorce proceeding such as counselling and mediating between couples. We can ensure that your privacy is protected at such a sensitive time.

  • Our family and divorce legal team

We are a team of diverse and engaging personalities who share a sense of empathy and integrity. We maintain a constructive approach in sensitive and difficult situations, and are known to be straightforward, pragmatic and sensible. We will always act in your best interests

Services provided by us:

  • Marriage Registration

  • Counselling / Mediation

  • Divorce by Mutual Consent

  • Contested Divorce Petitions

  • Maintenance Petitions

  • Custody & Visitation Petitions

Court system

The Family Court Act 1984 provides for the establishment of Family Courts with a view to promote conciliation, and secure speedy redressal of disputes relating to marriage and family affairs, and for matters connected with them. The Family Courts hear matters relating to marriage, marital breakdown and the welfare of children. These courts are trial courts and are presided over by Additional District Judges who undertake trials and review evidence

We are available to support you through key moments in your life and provide you with the best family and divorce law advice.

You may have to consult a family or divorce lawyer when:

  • you are about to get married and you wish to seek legal assistance in respect of registration of your marriage.

  • your relationship is at an end and you need to resolve complex financial settlement issues, and, above all,

  • you need to protect your children’s welfare.

Of course, through all of this you will need to be assured that your privacy is respected and you will want to know that you are receiving reliable advice and service.

At Borkar & Co., we can help you.

 

PROPERTY LAW

CIVIL

The Civil Courts in India possess ample power to adjudicate upon the matters of Civil nature, including inherent powers under Section-151 of the Code of Civil Procedure, 1908. The Courts try cases under Original Jurisdiction and entertain Appeal, Reference, Review and Revision under appellate jurisdiction. We, at Borkar & Co., provide our clients with complete legal assistance in respect of their matters in their best interest.

Our Services under Civil Law include:

  • Suits Relating To Property;

  • Suits For Damages & Compensation;

  • Suits For Specific Performance Of Contracts;

  • Suits for Breach Of Contracts;

  • Suits For Specific Reliefs;

  • Suits For Rendition Of Account;

  • Suits For Rights Of Franchise;

  • Suits Against Wrongful Dismissal From Service;

  • Suits Seeking Stay On Transfer Of Service;

  • Petitions For Eviction of Tenant;

  • Injunction & Stay Suits/Applications.

  • Original Side Suits before the Hon’ble High Court

  • Testamentary Petitions before the Hon’ble High Court

  • Transfer Petitions. 

  • Revision, Review, Reference- Reference to High Court [S-113 CPC]/Reference Of Question Of High Court [O-XLVI, R-1]- Review- S-114 CPC [Application For Review Of Judgment [O-XLVII, R-1 CPC]- Revision- S-115 CPC.

  • Writ Petition [Civil] - In High Courts of Various States & the Supreme Court of India.

  • Misc. Main Petition [Civil]- Before High Court

  • Partition Suit – Of Family Property & Business

  • Probate of Will Petition.

  • Public Interest Litigation [PIL]- In High Courts In Various States  

  • Public Interest Litigation [PIL]- In The Supreme Court Of India

  • Company Petitions before the NCLT & NCLAT.

  • Election Petitions before the Hon’ble High Court

PROPERTY LAW

We at Borkar & Co., having operated for many decades in the field of Property Law, have come to be recognised for the huge range of our expertise and client responsiveness. We work hard to understand our clients’ legal requirements and their business aims, which ensures our advice is commercially sound and watertight. We approach disputes proactively and strategically with the intention of resolving them quickly and pragmatically. 

SERVICES RELATED TO PROPERTY LAW PROVIDED BY US INCLUDE: 

  • Redevelopment / Self Redevelopment.

  • Conveyance and Unilateral Deemed Conveyance.

  • Stamp Duty, Adjudication and Registration.

  • Transfer of Ownership / Document Registration.

  • Property Fraud.

  • Matters under the Real Estate (Regulation and Development) Act, 2016.

  • Matters pertaining to Slum Rehabilitation Authority (SRA) (Eligibility, Transfer, High Power Committee, GRC 3e, 3z, 13(2), 33/38).

  • MHADA (Transfer, Lease, Allotment, Eligibility).

  • Matters before the Collector (Transfer, Lease, Plot Allotment, SLR, Dy Collector, SDO, Addl. Collector – Appeals)

  • Matter under the Maharashtra Land Revenue Code, 1966.

  • Commercial and residential landlord and tenant disputes.

  • Contractual interpretation, including Development Agreements and Agreements for sale and purchase.

  • Enforcement, removal or modification of restrictive covenants.

  • Adverse possession and trespass.

  • Rights of way, boundary disputes, rights to light and party walls.

  • Determining beneficial interests in property.

  • Planning and construction disputes, and Agricultural property disputes.

CO-OPERATIVE SOCIETIES LAW

We possess vast experience and expertise in matters related to Co-operative Societies and provide astute legal assistance and solutions to our clients encompassing Co-operative Societies as institutions, Co-operative Banks, Co-operative Financial Institutions, Co-operative Housing Societies, members of a Co-operative Society with an intent to accomplish satisfactory results.

Our services under the Co-operative Societies Law include:

  • SOCIETY FORMATION

  • AMALGAMATION, TRANSFER, DIVISION OR CONVERSION OF CO-OPERATIVE SOCIETIES/INSTITUTIONS/BANKS.

  • APPLICATION FOR MEMBERSHIP.

  • MATTERS RELATED TO PARKING.

  • MATTERS RELATED TO RECOVERY OF DUES FROM DEFAULTING MEMBER/S.

  • MATTERS RELATING TO FRAUDULENT AUDITING.

 
  • MATTERS RELATING TO TRANSFER OF MEMBERSHIP.

  • MATTERS PERTAINING TO DISQUALIFICATION OF MEMBER/S

  • DISPUTES BEFORE THE CO-OPERATIVE COURT.

  • APPEALS BEFORE THE CO-OPERATIVE APPELLATE COURT.

  • COMPLAINTS/APPLICATIONS BEFORE THE DEPUTY REGISTRAR C.S.

  • APPEALS/REVISIONS BEFORE THE DISTRICT DEPUTY REGISTRAR/DISTRICT JOINT REGISTRAR.

  • WRIT PETITIONS BEFORE THE HON’BLE HIGH COURT.

  • SPECIAL LEAVE PETITIONS BEFORE THE HON’BLE SUPREME COURT OF INDIA

ALTERNATE DISPUTE RESOLUTION

ARBITRATION

Arbitration as an effective medium of Alternative Dispute Resolution has been around for a long time. The Arbitration and Conciliation Act, 1996 has been modelled on lines of the UNCITRAL (United Nations Commission on International Trade Law) framework of laws with the intent to modernize Indian Arbitration Law and bring it at par with the best global practices and also make India a global hub for arbitration. We provide apt and practical solutions to our clients with a view to derive positive results.  

ARBITRATION SERVICES PROVIDED BY US INCLUDES:

  • Advising and handling Arbitration Disputes & matters related to various types of Agreement and Contracts i.e Service Agreements, Joint Venture Agreements, Supply Contracts, Supply & Service Agreements, Marketing Agreements, Sale Agreements, IPR Usage agreement, Commercial Contracts, Collaboration Disputes, Contractual Disputes etc Conducting domestic Arbitration under the Arbitration and Conciliation Act, 1996 and ICA rules.

  • Defending & representing clients before Arbitral Tribunals in arbitral Agreements and Contracts.

  • Enforcing and/or challenging Arbitral Awards.

  • Advising clients on various aspects of arbitration proceedings.

  • Advising on the appointment of arbitrators.

  • Applying to stay proceedings brought in breach of arbitration clauses.

  • Drafting of Arbitration agreements and contracts.

  • Legal Vetting of Arbitration agreements and contracts.

  • Representing clients before High Courts in an arbitration petition.

MEDIATION & CONCILIATION

 

CRIMINAL LAW

Mediation and Conciliation are very effective modes of Dispute Resolution wherein a neutral and credible third party facilitates a settlement between the parties. These are efficacious, confidential and structured processes where the mediator uses special communication, negotiation and social skills to assist the parties to the dispute in arriving at a mutually acceptable solution. We endeavour to encourage parties to iron out the creases in their relation by our assistance as the focus in mediation is on the future. It is ideal where the emphasis of the parties is on building relationships, rather than ascertaining the party at fault for what has already transpired. The outcome of a successful mediation is a settlement agreement which helps in avoiding lengthy litigations. We aim towards promoting understanding, focus the parties on their interests, and encourage them to reach their own agreement fair and square

Criminal Law

We at Borkar & Co., are specialists in the field of criminology. We possess vast and extensive experience in handling all type of Criminal matters throughout the country, in all courts right from District Courts to the Hon’ble Supreme Court of India. Our team comprises of experienced professionals and well qualified advocates, who possess great skills and expertise to handle simple and complex criminal cases such as defamation, white collar crimes, economic offences, corporate frauds, bank frauds, cybercrimes etc. We are well equipped at handling crucial facets and consequences which form an integral part of criminal litigation. We are a team of enthusiastic individuals who believe in going beyond conventions and discovering innovative ideas and strategies. We handle each case with thorough study of facts and extensive research of law involved and offer suitable strategies with an endeavour to achieve positive results. We offer following services in the field of criminal law:

Bails:

  • Drafting and issuing legal notices.

  • Drafting and Filing of Complaints before the Police or Magistrate’s Court.

  • Drafting and filing of correspondences to the Police / Investigating Authorities.

Appeal & revision:

  • Criminal Appeal

  • Criminal Revision

  • Appeal before the Hon’ble High Courts.

  • Special Leave Petitions before the Hon’ble Supreme Court of India

Writ Petitions:

  • Drafting and issuing legal notices.

  • Drafting and Filing of Complaints before the Police or Magistrate’s Court.

  • Drafting and filing of correspondences to the Police / Investigating Authorities.

Acts under Criminal Law:

  • Indian Penal Code, 1860

  • POCSO (Protection of Children from Sexual Offences) Act, 2012

  • Prevention of Money Laundering Act; 2002

  • Prevention of Corruption Act, 1988

  • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

  • Smugglers and Foreign Exchange Manipulators Act, 1976

  • Juvenile Justice Act, 2000

  • Narcotics & Drug violations barred by the Narcotics, Drugs & Psychotropic Substances Act, 1985

  • Immoral Traffic (Prevention) Act, 1956

  • Arms act, 1959

  • Electricity Theft under Electricity Act, 2003

  • Maintenance Claims under Section 125 of Cr.P.C., 1973

  • Contempt of Courts Act, 1971

  • Banks/financial institutions frauds:

  • Cheque bounce/Dishonour of cheques

  • Criminal Proceedings under Section 138 of the Negotiable Instruments Act, 1881

  • Misappropriation and Siphoning of Funds

Economic offences:

  • SEBI Act, 1992

  • FEMA, 1999

 

Cybercrimes:

  • Cyber Complaints before the Cyber Cell

  • Online Fraudulent Financial Transactions

  • Cyber Stalking / Cyber Bullying

  • Aiding prosecution under the Information Technology Act, 2000

  • Conducting trials on both the prosecution and the defence sides.

Sexual Harassment at Work Place:

  • Providing Legal counsel to aggrieved women in matters relating to Sexual Harassment of Women at Work Place under the POSH (Protection of Women from Sexual Harassment) Act, 2013.

  • Providing Legal assistance to companies and organisations on formation and operation of the Sexual Harassment redressal committee under the POSH Act, 2013.

  • Providing Legal advice and solutions to the person accused of Sexual Harassment at work place.

 

Corporate Legal Services

Copyright

We at Borkar & Co., assist our clients in Copyright Registration of their intellectual property, which entails safeguarding of legal right of our clients in respect of their intellectual property which subsists in various works such as dramatic, literary, artistic, musical, cinematograph films, etc. Pursuant to the copyright registration, our clients are conferred upon legal rights under the law to do certain acts in relation to the copyrighted work. The Copyright act protects and secures the owner of the copyrighted content. It also helps in recovering his economic losses on copyright infringement as once a copyright is registered no other person can copy that work which has been produced by the author/content creator. In an event if the author would notice that their copyrighted work / content is either stolen or infringed upon, the Author may sue the infringer under civil and criminal laws.

Patent

A Legitimate right, given by the Government for a limited time duration to creators or subjects for their intellectual property, creation of a new product or process, is called a Patent. Patent can be registered in respect of Biological inventions and materials, Inventions associated with Computers and Methods in Business. However, Patent/s cannot be registered for Plans, Actions, or other mental processes, Artistic designs, Models in mathematics and Military feature inventions.

There are various benefits involved with registration of Patents which are as under: 

(a)     Security for any invention for a limited period (20 Years).   
(b)     A financial profit or business can be made out of it.    
(c)     Can be licensed to the registered trade.    
(d)     The Inventor has the right to sell the patent to other                     organizations.
(e)     The Inventor has the right to oppose people who misuse              or steal their    design or process.

We at Borkar & Co., value your creativity and provide you with apt Legal guidance and assistance to get a patent for your inventions or properties. Our team consists of experienced and courteous professionals who would thoroughly explain you every step and law involved in the process. 

Trademark

A trademark is unique identification that separates ones product or service from the others. It could be a logo, image, emblem, word, tone, scent, and a mixture of colour or graphics which shall be distinctive. Businesses today ordinarily either opt for logo or name registration; However, the only way to protect you as a unique identity is to patent it if you develop a unique idea or logo. The intellectual property or intangible property of the company is a registered trademark. It acts as a safety cover for the investment in the logo or name of the product.


The trademarks in India are licensed by the Department of Industry and Commerce, Government of India, Controller General of Patents, Designs and Trademarks. A Trademark is registered under The Trademark Act, 1999. The registration mandates those who want to copy the trademark to use. Therefore, no person or persons other than the person licensed can use a trademark identical to the said person licensed. Post-registration of the trademark, an “R” symbol could be used by the person licensed which would be valid for ten years from the registration date.


We at Borkar & Co., value your thought process and would provide you with apt Legal guidance and assistance to get your intellectual property trademarked for you. Our team consists of experienced and courteous professionals who would thoroughly explain you every step and law involved in the process.

 

DEEDS, AGREEMENTS AND CONTRACTS

DEEDS, AGREEMENTS AND CONTRACTS

We provide solutions in respect of drafting of Legal Documents and its registration. We have years of hands on experience handling matters pertaining to Drafting, vetting and reviewing of Legal documents of complex cases pertaining to commercial transactions, building constructions, joint ventures and infrastructure projects by multinational organisations. We also provide our clients with drafting of vital Legal Documents such as Contracts, Agreements, Memorandum of Understandings, etc suiting their requirement. We also undertake matters in respect to drafting of the following documents:-

Consumer Law

 
  • The Deed of Conveyance

  • The sale of immovable property deed

  • The mortgage deed

  • The various lease deeds

  • The Gift deeds

  • The Release Deeds

  • The exchange of property deeds

  • The trusts deed

  • The Adoption Deeds

  • The partition deed

  • The Trust Deeds

  • The Sale of Business Deed

  • The leave and license Agreements

  • The Developments Agreements

  • The Individual Flat Agreements

  • The Permanent Alternate Accommodation Agreements

  • The deeds of Confirmation, Rectification and Cancellation

  • The charter party Agreements

  • The Family Agreements

  • The Contracts

  • The indemnity and guarantee deed

  • The Agency Agreements

  • The service Contracts

  • The bonds

  • The partnership agreements

  • The building agreements

  • The foreign collaboration agreements

  • Franchise Agreements

  • Advertisement Contracts

  • Transport Contracts

  • Information Technology and Computer Contracts

  • The power of attorney agreements

  • The Arbitration Agreement

  • The Testamentary Documents

The Consumer movement as a social force originated in India with the necessity of protecting and safeguarding the interests of innocent Consumers against unethical and unfair trade practices. Rampant food shortages, hoarding, black marketing, adulteration of food and edible oil gave birth to the Consumer movement in an organised formed in the past. However, in the recent past the grievances of the Consumers led rose substantially which formulated the basis of enactment of a special codified statute for protection and safeguard of Consumers and thus the Consumer Protection Act, 1987 came in effect resulting in efficient dispensation of Justice. 


The new Consumer Protection Act, 2019 came into force in India, replacing the previous enactment of 1986. The new Act overhauls the administration and settlement of consumer disputes in India. It provides for strict penalties, including jail terms for adulteration and for misleading advertisements. More importantly, it now prescribes rules for the sale of goods through e-commerce.


Our Consumer matters are handled by our in house highly efficient and qualified lawyers who possess years of experience in handling variety of matters under the consumer protection Act. Our Services include filing of complaints under Section 12 of the Consumer Protection Act, 1986, providing legal advice on consumer protection, providing legal advice on unfair trade practice matters, Filing of Appeals against orders of Consumer courts, all services pertaining to litigation in the field of consumer laws, drafting and vetting of Applications and Affidavits, Contesting and Defending Consumer Complaints and Appeals.

Services provided by us:

  • District Consumer Dispute Redressal Forum

(Consumer Complaints, Execution Applications, Miscellaneous Applications, Interlocutory Applications, Etc)

  • State Consumer Dispute Redressal Forum

(Consumer Complaints, Execution Applications, Miscellaneous Applications, Interlocutory Applications, Revision Petition, Review Application, Transfer Application, First Appeal Etc)

 

  • National Consumer Dispute Redressal Forum

(Consumer Complaints, Execution Applications, Miscellaneous Applications, Interlocutory Applications, Revision Petition, Review Application, Transfer Application, First Appeal, Second Appeal Etc)

  • Appeals before the Hon’ble Supreme Court of India