Step-By-Step Guide On Corporate Litigation Matters

Corporate Litigation » Step-By-Step Guide On Corporate Litigation Matters

Corporate Law is a branch of law that cover rules and regulations for the formation and all operations of a business or a commercial organization. Corporate lawyers will work at either compliance or litigation for said businesses. Lawyers working in compliance makes sure that all national or state rules, regulations, and law are being followed and all procedures are done within the boundary of law.

Corporations are considered a separate legal entity apart from their owners, as such, they can be sued or have lawsuits against them. When there is a lawsuit or a litigation matter involving a business, it becomes corporate litigation. Corporate Litigation lawyers, on average, will handle matters related to employees, labor, disputes, contracts, finance and tax, mergers and acquisitions, and more.

Businesses generally have their own team of in-house lawyers or they work with a team of lawyers whose services are purchased for specific matters. There are many corporate lawyers in Chandigarh and India that can handle several corporate litigation matters in an efficient manner.

Corporate Litigation

As mentioned above, corporate litigation has numerous areas. While all such areas cannot be covered, the popular litigations have been elaborated on below in short.

Deception, Fraud, White Collar Crimes: White collar crimes refer to crimes committed by people in respectable jobs in society. These crimes are done in much secrecy and the individuals take much care to conceal them, as such these crimes are hard to track. Corporate fraud, on the other hand, refers to activities that take place to hide or change important information. These frauds can be financial in nature or also misappropriating of assets and corruption. Under the Companies Act, 2013, any person found guilty of corporate fraud will be punishable with a prison sentence of 6 months to 10 years. A fine of an amount equal to the fraud amount will also be levied. The imprisonment sentence will differ depending on if the public was affected.

Also Read: A Study on Top white-collar crimes in India

Violation of Contracts: Corporate lawyers need to be on top of their game regarding the signing of new contracts and ensuring the existing ones are not violated. A contract is considered violated if any of the parties have not upheld their part of the contract or attempt to break off the contract. Third-party influence during the signing of the contract will also violate the contract. If a contract has been violated by any party, it will lead to corporate litigation.
Banking and Finance: Per the name, another major area of business litigation is concerning banks and other financial institutes. Litigation lawyer meaning the lawyers hired to deal with corporate litigations will generally cover a wide range of finance matters. Some major examples of banking and finance where corporate litigation is required are insolvency, bankruptcy, and debt restructuring. The corporate lawyer will also occasionally work at drafting up mortgage deeds, tax papers, loan documents, and other finance agreements. Other financial transactions done by the upper management such as the Board of Directors are also vetted and prepared by the corporate lawyer as well.

Also Read: What happens when a company goes Bankrupt?

Capital Market: Capital Market is a financial market where stocks, bonds, and similar assets are bought and sold. The capital market also includes the stock market and the bond market. A corporate litigator will help corporations in the issue of IPO, debt securities, bonds, etc. Any problem that arises in the capital market that is legal in nature will come under corporate litigation. They could also offer their services to issues related to mutual funds, brokers, investors, AIFs, etc. The lawyers who work with the capital market should have a solid understanding of the SEBI guidelines.
Dispute Resolution: Organizations and corporations hire a lot of people. During the daily course of life, there are bound to be disputes or disagreements of some sort. The disputes need a competent lawyer overlooking them to ensure no laws are being broken and there is a smooth resolution. Further, the corporate lawyer will ensure that the rights of the employees and workers are not being violated. Similar disputes that the commercial litigation matters covers are between shareholders, stakeholders, and third parties.
Merger and Acquisition: Mergers and acquisitions are a part and parcel of large corporations. They are done to expand profit, expand the market or remove competition. Mergers and acquisitions, however, are an area that involves a lot of work for the corporate lawyer. Lawyers don several hats and perform several jobs like handling all important documents, overlooking the entire transaction, advice on IPO, fundraising, etc. They will also work with other lawyers, register with the registrar of companies, and complete all other requirements.
Real Estate: Companies that have real estate and pieces of land stand a chance of litigation and thus require a real estate lawyer. The said lawyer will handle all matters of the real estate properties. There is a wide range of issues that could lead to litigation in this area. For instance, there could be breaches of contracts, fraud, disputes between owners or employees, etc. Real estate transactions and litigations have a wide range of rules and regulations influencing them. The corporate lawyer must also have knowledge of the local and national laws regarding zoning, permits, etc.

Corporate Litigation is litigation that involves many areas such as disputes, labour disagreements, contract violations, real estate matters, tax and finance affairs, etc. All of these and more can be easily handled by one of many corporate law firms in Chandigarh. For any corporate litigation situations, contact Lex Solutions.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located.

When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.