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BONUM LEX

-Aristotle

Law is order and good law is good order.

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Dedicated Litigators

Rk Narrola & Udhyan Mukerji | Bonum Lex

Membership

  • Society Of Indian Law Firms (SILF)
  • Indo-German Chamber Of Commerce (IGCC)
  • Indo-French Chamber Of Commerce (IFCC)

WELCOME TO BONUM LEX LLP

Bonum Lex, as the name signifies, stands for “Good Law”. We take it to mean a variety of attributes for our Delhi based, law firm including highly ethical practices, professional competence and legal expertise.
We are a Boutique Law firm with Partners and Associates collectively, having long years of experience in practice areas as diverse as competition law, IPR filing as well as IPR litigation, laws dealing with corporate affairs and contracts (including restructuring, mergers and acquisitions, arbitration), white collar crimes, criminal laws, consumer affairs, personal laws, investment protection and compliance with regulatory requirements for new investors as well as established MNCs.

Resources

CORE PRACTICE AREAS

Arbitration

Arbitration is a procedure where a dispute is submitted, by agreement of all the parties involved, to one or more arbitrators who make a binding decision on the dispute. Parties opt for a private dispute resolution procedure instead of going to court, in arbitration

Conciliation is defined as the process of amicable settlement of disputes by the parties with the assistance of a conciliator. It is distinguished from arbitration. In arbitration the award is the decision of the third party or of an arbitral tribunal, where as in conciliation the decision is of the parties arrived at with the mediation of the conciliator.

The Indian law of arbitration and conciliation is contained in the Arbitration and Conciliation Act 1996 (Act).The Act is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976.

Bonum Lex expertise and assistance in arbitration includes the conduct of arbitration, interim reliefs in terms of Section 9 of the Arbitration Act, avoiding the pitfalls caused by a shallow understanding of terms like the “seat” and the “venue” of arbitration and grounds for appeal gains awards by Tribunals.

Banking

The banking system in India works under the constraints that go with social control and public ownership. Nationalization, for instance, was a structural change in the functioning of commercial banks which was considered essential to better serve the needs of development of the economy in conformation with national policy and objectives.

The Indian financial system comprises a large number of commercial and cooperative banks, specialized developmental banks for industry, agriculture, external trade and housing, social security institutions, collective investment institutions, etc. The banking system is at the heart of the financial system and is governed and/ or impacted by a number of laws including:

  • Negotiable Instrument Act, 1881
  • The Bankers’ Books Evidence Act, 1891
  • The Reserve Bank of India Act, 1934
  • The Banking Regulation(Companies) Rules, 1949
  • The Banking Regulation Act, 1949

Both partners of Bonum Lex have extensive and intensive knowledge of banking law and practice having been bankers themselves for several years.

Competition

The Monopolies and Restrictive Trade Practices Bill was introduced in the Parliament in the year 1967 and the same was referred to the Joint Select Committee. The MRTP Act, 1969 came into force, with effect from, 1 June, 1970.

The enactment of MRTP Act, 1969 was based on the socio – economic philosophy enshrined in the Directive Principles of State Policy contained in the Constitution of India.  The MRTP Act has gone through many amendments since the time it was introduced after which it was repealed and replaced by the Competition Act, 2002.

The Competition Act, 2002 came into existence in January 2003 and the Competition Commission of India was established in October, 2003. It was amended in the year 2007, with the Competition (Amendment) Act, 2007.

The Competition Act strives to ensure fair and healthy competition in the market.  Ensure a level playing field; achiever allocative efficiency, productive efficiency and dynamic efficiency. In fact, attaining all three of these efficiencies at the same time is goal of the Competition Law.  Competition law believes in the premise that the unrestrained interaction of the competitive forces in the market will yield the best allocation of economic resources, lower prices, improve quality and maximum material progress for the citizens (in effect, it aims at creating the ideal free market shorn of cartels and monopolies).

Bonum Lex expertise lies in the review of anti competitive agreements, advice on anti-trust issues arising in Indian jurisdiction, conducting compliance and diligence inquiries, advising on cartel investigations, advising on matters of abuse of dominant position in CCI and CAT, advising clients on business contracts , arrangements, and strategies involving competition law issues.

Communication and Information Technology

Consumer Protection

Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace.
Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers.The Consumer Protection Act of 1986 was enacted with an objective to provide better protection of the interests of the Consumers, to make provision for the establishment of Consumer Councils and other authorities for the settlement of consumer disputes.

Contract and Commercial

The Law of Contracts is at the core of business law because a huge majority of the transactions in trade, commerce and industry are based on contracts.

In India, the Law of Contracts is contained in the Indian Contract Act, 1872. The Act enumerates the general principles relating to formation, performance and enforceability of contracts and the rules relating to certain special types of contracts like, Indemnity and Guarantee; Bailment and Pledge, and Agency.

The general principles of the Contract Law are the basis for trade, industry and commerce related agreements.

Our expertise is in the areas of drafting contracts and agreements including business contracts, construction contracts, real estate contracts, litigation arising from contracts, shareholders agreements, M&A agreements, non-disclosure and non-circumvention agreements, JV (Joint Venture) agreements and the like. Also, Bonum Lex assists in litigation arising out of matters like breach and the rescission of contracts, the interpretation of contracts, liability under contract, reliefs in contract etc.

Corporate Matters

Corporate Matters including Corporate Restructuring, which is the process of redesigning one or more aspects of a company. Before restructuring there must be an existing structure which may have many limitations/ restrictions/ vulnerabilities in areas as diverse as finance, legal, business and management which are to be kept in mind before restructuring. In other words, restructuring could be considered as remoulding/ reshaping or fundamentally redoing the existing structure so as to optimise the working of any company.

Bonum Lex lawyers have sustained experience in dealing with splits, mergers, acquisitions, restructuring including development of tax effecting restructuring and restructuring as a part of turn – around strategies.

The 2013 Act introduced significant changes in the provisions related to governance, e-management, compliance and enforcement, disclosure norms, auditors and mergers and acquisitions, etc. In the Companies Act, 2013 an attempt was  made to reduce the content of the substantive portion of the related law as compared to the Companies Act, 1956 (1956 Act).

In the Companies Act, 2013 new concepts such as one-person company, small companies, dormant company, class action suits, registered valuers and corporate social responsibility have also been included.

Bonum Lex partners have, over the years, advised domestic and international  clients on rules and regulations under the Companies Act, legal services in matters of incorporation, advice to directors and shareholders with regards to their  rights and obligations, drafting of company articles and Corporate compliances.

Criminal Litigation

Criminal law regulates social conduct and ensures health, safety, moral welfare of people. It includes the punishment of people who violate these laws.

The Indian criminal laws are divided into three major acts i.e

  • Indian Penal Code, 1860,
  • Code of Criminal Procedure, 1973
  • Indian Evidence Act, 1872.

Besides these major acts, special Criminal Laws are also passed by Indian Parliament i.e. NDPS, Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, the Defence of India Act, POCSO, etc and scores of minor laws.

As a senior former member of the Indian Police Service, Mr. Udayan Mukerji, Partner in Bonum Lex has decades of experience in criminal investigation and an understanding of defences against prosecution as well as denial of personal liberty.

Intellectual Property Laws

The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial. India ratified the agreement establishing the World Trade Organization (WTO).

This Agreement, inter-alia, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices..

The domain of intellectual property is vast. Copyrights, Patents Trademarks and Designs are known to have received recognition for a long time. Newer forms of the protection are also emerging particularly stimulated by the exciting developments in scientific and technological activities

Intellectual Property Rights are contained in the following Acts:

  • Patents
  • Trade Marks
  • Copyrights
  • The Designs Act, 2000
  • The Geographical Indications of Goods (Registration and Protection ) Act, 1999
  • The Information Technology Act

Bonum Lex personnel have wide experience in Trademark filing, Design registration, Patent filing  and the PCT applications, Patent Drafting, Renewal of Trademark, Design and Patents, Copyright registration, drafting of privacy policies, including IPR litigation and Arbitrations.

We advise clients on public search with regards to trademarks, and prior art search for patent applications.

Labor and Industrial Relations

Industrial relations define relationships between employers and employees toward each other in terms of supervision, direction, planning and coordination of organizational activities. Industrial relations may also be defined as relations between employees and management.

The labor laws derive their origin, authority and strength from the provisions of the Constitution of India. The relevance of the dignity of human labor and the need for protecting and safeguarding the interest of labor as human beings has been enshrined in the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy.

Industrial Relations are, inter alia, governed by the following legislations:

  • Industrial Disputes Act, 1947
  • Workmen’s Compensation Act, 1923
  • Payment of Wages Act, 1936
  • Factories Act, 1948
  • Gratuity Act, 1972
  • Employees State Insurance Act, 1948

Mr. Ramesh K Naroola, Senior Partner, has more than three decades of experience in dealing with labour laws and the statutory compliances under the Acts, which may attract severe penalties if not attended to in a timely and comprehensive manner. He also has a fund of knowledge in dealing with advice pertaining Work Committees at the plant level and the machinery for resolution of industrial disputes.

Personal Laws

Since the people of India belong to different religions and faiths, they are governed by different sets of personal laws with regards to family affairs, i.e., marriage, divorce, succession, etc. Laws relating to marriage and/or divorce have been codified in different enactments. Some of these are:

  • The Hindu Succession Act, 1956
  • The Special Marriage Act, 1954
  • The Hindu Marriage Act, 1955
  • The Foreign Marriage Act, 1969
  • The Hindu Minority and Guardianship Act, 1956
  • The Muslim Personal Law (Shariat) Application Act, 1937
  • The Muslim Women (Protection of Rights on Divorce) Act, 1986
  • The Hindu Adoption and Maintenance Act, 1956
  • The Wakf Act, 1995 and the Wakf (Amendment) ACT, 2013

.At Bonum Lex, we firmly believe that empathy and a deep understanding of client issues in family and social matters is the key to rendering satisfactory legal assistance.

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