January 8, 2022
Food Laws
Food Laws
Indian food law focuses on strengthening both food security and food safety. We help you plan and give resources to help you comply with rules, regulations, and laws related to Food laws. It does not matter how small or big your business is, every food business operator has to ensure that they comply with the requirements of the FSSAI Act, Rules & Regulations at all stages of production, processing, distribution, and sale. We have been advising on the compliance, label vetting, packaging which are clubbed with Legal Metrology & Drugs and Cosmetic laws in India. In India, the FSSAI is the regulatory body for ensuring food safety and standards to protect and promote public health. Our team has identified the following main points of the companies involved in the food business-
- Manufacturing
- Certifications
- Import & Export
- Storage
- Distribution
- Compliances
- Advertisements
These are resolved through services like-
- Compliance analysis
- Assistance with obtaining certifications
- IPR protection
- Litigation in cases of false advertisements
Beyond the purview of basic consumer goods, under the Drugs and Cosmetics Act, 1940, we also play an advisory role to the clients in securing registrations and compliance management for manufacturing, advertising, selling, and branding drugs, cosmetics, and other medicinal preparations under the Act. We advise domestic and foreign enterprises on packaging requirements in consumer goods, food products, and other items based on The Food Safety and Standards Act, 2006, The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011.
We review and analyse the labels of various products to ensure compliance with the fundamental laws. We also assist in registration as an importer or manufacturer, registration of labels, and other regulatory compliances prescribed under the various acts. We also counsel on misleading advertisements if it is not in accordance with the Advertising Standards Council of India Code in the food and beverages sector amongst others. We also provide legal advice and compliance strategies to clients who are engaged in virtual business through e-commerce platforms and cyberspace.
January 8, 2022
Banking, Insurance & Finance
Banking, Insurance & Finance
Banking law is the broad term for laws that govern how banks and other financial institutions conduct business. Banks must comply with a myriad of central, state and even local regulations. We have provided services to various banks, Insurance Companies, and financial institutions in all kinds of transactions and regulatory compliances. TYJ has a team that keeps an eye on emerging changes in the laws, be it the banking sector, insurance sector, or finance. We represent many Government entities, private entities and listed entities with respect to their advisory related work, which includes subject matters like SEBI, FEMA, FDI, FATF, CAG, PMLA, SFIO, ED, CBI, and advising our clients in an ordinary course along with various litigation in the said parameters.
We work alongside leading financial institutions to meet the challenges of a constantly evolving regulatory landscape, relating to lending, distressed debt and increasing complexity of financial services regulation. We advise a broad range of stakeholders including domestic and international banks, private equity sponsors and their portfolio companies, institutional investors, non-banking financial companies, multilateral institutions, speciality funds, asset reconstruction companies and corporate borrowers.
Areas of Focus:
- Acquisition Financing- We structure acquisition financings involving both private equity and strategic buyers and advise on all aspects, from the structuring and commitment phase to closing and subsequent amendments and refinancings.
- Leveraged Finance- We advise clients on all types of leveraged financings, from lower middle-market to global corporates including secured loan facilities, recapitalisation, working capital or general corporate purposes, integrated bank and bond financings, asset-based and multi-currency facilities.
- Debt Restructuring- We effectively protect the interests of our clients including lenders, borrowers, investors and acquirers, in out-of-court restructuring through our firm’s finance and restructuring experience.
- Real Estate Investment and Finance- We have extensive experience in secured real estate finance and regularly represent banks and other institutional lenders in ensuring loans being secured for all types of commercial and residential real estate.
- Junior Capital- We represent institutional investors and funds in structuring and documenting investments in mezzanine products of all types including senior subordinated debt, equity co-investments and preferred equity.
- Consumer Lending, Digital Banking and Payment Solutions- We advise mortgage and consumer lenders, payment service providers and e-money institutions apart from small banks, payment banks, e-wallet and leasing corporations on new age innovative products based on financial technology.
- Corporate Lending- We represent banks, institutional investors and mutual funds in structuring and documenting syndicated and bilateral loans.
January 8, 2022
Consumer Protection
Real Estate Sector
The Young Jurist has established an extensive Consumer Litigation Practice backed by a team of exceptionally experienced and talented lawyers having expertise in the crucial Consumer Law Sector.
Consumer protection law has made significant progress, with service providers being held more accountable for their commitments. As a result, consumers are now better able to have their grievances addressed promptly. The evolution of consumer law has placed consumers in a stronger position to seek resolutions for their issues.
Our firm provides legal representation and advice to individuals, businesses, government entities, and other organizations on all aspects of consumer law, from local forums to the highest court in the country. We also offer comprehensive solutions to developers and agents under the Real Estate (Regulation and Development) Act (RERA) and assist clients with registering and complying with RERA requirements.
Our team has a wealth of experience handling consumer litigation across India. We are skilled in drafting pleadings and making successful appearances on behalf of our clients. We also offer solicitor services to our clients, including engaging and briefing senior advocates. In recent years, our active consumer practice has earned us a reputation as a leading law firm for consumers throughout India. We are known for our expertise in consumer litigation on behalf of groups and associations of home buyers, public sector undertakings, and others on a pan-India level.
Some of the key services provided by our firm include:
- Drafting and reviewing consumer agreements, including advice on unfair contracts and unfair trade practices
- Providing analysis and opinions on the likelihood of success in consumer disputes
- Defending against consumer damage lawsuits and providing legal advice on consumer protection issues, including product liability and warranty claims
- Advising on false or misleading advertisements and e-commerce issues covered under the Consumer Protection Act
- Assisting with mediation to resolve disputes, if both parties agree
- Providing comprehensive litigation support and appearing before relevant consumer dispute resolution forums.
January 8, 2022
E-Waste & Environment Law
E-Waste & Environment Law
In India, there are numerous laws, rules, and regulations related to the environment, along with periodic notifications and circulars that must be followed. Many businesses, including those in the real estate and construction, manufacturing, infrastructure, energy, mining, hospitality, and food sectors, are required to obtain various environmental clearances, licenses, and registrations.
Our team of lawyers are well-versed in environmental laws such as the Water Act 1974, Forest Act 1980, Air Act 1981, Environment (Protection) Act 1991, and Biological Diversity Act 2002. We have extensive experience defending clients before the National Green Tribunals and Pollution Control Boards. We have a team of technical experts in environmental law compliance. We have also helped clients set up factories in compliance with these laws. Our lawyers are dedicated to achieving client satisfaction and efficiently closing deals.
Our key practice benchmarks include the following:
- Developing ESG frameworks to help entities access impact investing funds globally
- Enhancing reputation and credibility
- Implementing pre-emptive controls and risk mitigation strategies
- Ensuring global compatibility with supply chain networks
- Crafting robust policies that adhere to local jurisdictional laws
- Providing competitive advantages and increasing profitability.
To ensure a consistent approach to the elements mentioned above, our services include:
- Conducting an ASIS assessment at the beginning of the mandate to identify current ESG practices
- Providing recommendations for legal risk mitigation
- Developing a roadmap for a 1-3-5-10 year outlook on the ESG journey
- Implementing change management in contracts, policies, and code of conduct, and automating legal processes related to ESG
- Providing continuous periodic audits and reporting to the board and senior management
- Offering managed services for alternative dispute resolution and litigation on any issues.
January 8, 2022
Real Estate
Real Estate Sector
The real estate sector in India is closely tied to the country’s economic performance and has been growing steadily due to factors such as urbanization, an increasing number of young people and nuclear families, and rising income levels.
The market includes residential properties such as affordable housing, mid-range houses, and luxury houses, as well as commercial properties such as office spaces, retail spaces, and industrial properties. In recent years, many large companies have entered the Indian real estate market.
Real estate transactions in India are governed by a combination of central laws, state and local laws, foreign exchange laws, and regulatory requirements. While foreign investment in the real estate sector is allowed, certain restrictions and compliance requirements exist.
TYJ has a well-established real estate practice with a team of highly experienced and knowledgeable lawyers who specialize in the complex and rapidly changing real estate sector in India. The Indian real estate industry is constantly evolving, and the regulatory framework is being strengthened to make it more responsive to the needs of stakeholders and to support economic growth. As a result, structuring real estate transactions has become increasingly complex, requiring a deep understanding of relevant regulations, government policies, and market trends. Our team is well-versed in local laws and requirements, including title verification, development requirements, FAR regulations, land ceiling laws, stamp duty, and registration. We are able to provide legal and regulatory compliant, innovative, practical, and cost-effective solutions to complex challenges faced by our clients in today’s highly competitive real estate market.
Our firm advises and represents developers, investors, lenders, banks, financial institutions, sovereign funds, pension funds, private equity funds, domestic and foreign investors and funds, government agencies, businesses, warehousing and logistics companies, property owners, contractors, landlords, and tenants on all aspects of property law, including legal and regulatory issues, acquisition or disposal of real estate and joint ventures for residential, commercial, and mixed-use projects, affordable housing, townships, healthcare, education, industrial parks, redevelopment, and special economic zones. We also handle leasing, licensing, joint development, mortgages, investments, financing, and debt restructuring, raising capital through debt, equity, or other methods, creating tax-efficient investment vehicles, implementing development projects, title searches and due diligence, and dispute resolution through litigation, mediation, and arbitration. We offer comprehensive solutions to developers and agents under the Real Estate (Regulation and Development) Act (RERA) and assist clients with registration and compliance under RERA.
January 9, 2018
Dispute Resolution
The Young Jurist is a specialized law firm for high-value and complex arbitration matters and maintains a track record of success for clients. TYJ has legal excellence and a pioneering approach to complex arbitrations. The focus is always on delivering quality legal services to achieve the best results for our clients.
We are members of many institutions at PAN India and work for us on a case-to-case basis. We are also providing industry-specific experts who act as Arbitrators & Mediators. We are taking the subject of International arbitration for various foreign institutions.
We have experienced Supreme Court, and High Court retired justice(s) who represent us before the arbitral tribunals. The firm handles matters not only in locations where it has its own offices but also in other cities across India, where it has developed alliances and trusting relationships with high-calibre law firms and professionals to deliver impeccable solutions to our clients.
We offer expert alternative dispute resolution services, including claim assessment, data assimilation, claim computation, engaging experts, preparing pleadings, leading submissions and arguments, assisting in the preparation of evidence etc.
We believe that Alternative dispute resolution is beneficial to both parties, and it ensures effective and timely resolution of the disputes. Being led by experienced professionals, TYJ has acknowledged expertise in advising corporate clients on several matters.
Understanding Alternative Dispute Resolution
Alternative dispute resolution (ADR) is a way for parties to resolve conflicts in a less formal and less intimidating environment than the traditional legal system. ADR allows parties to work with a neutral third party or panel to come to a resolution that addresses the issues in conflict. The choice of which method of ADR to use depends on the specific situation and the parties’ needs. The two most common methods of ADR are mediation and arbitration. In mediation, a neutral mediator helps the parties find a mutually agreed upon resolution. In arbitration, a neutral third party or panel makes a decision that the parties have agreed to be bound by.
In mediation, a mediator helps the parties involved in a dispute come to a mutually agreed upon resolution. The mediator is a neutral third party who is trained in facilitation and conflict resolution techniques, such as effective communication and negotiation. The mediator’s role is to facilitate communication between the parties and help them explore options for resolving the dispute. The mediator may offer expert advice and suggest creative solutions, but the final decision is left up to the parties. The goal of mediation is to help the parties find a resolution that works for everyone.
In arbitration, one or more arbitrators hear from all parties involved in a dispute and make a decision to resolve the issue. The parties involved in the dispute must agree to be bound by the decision of the arbitrator or arbitration panel. The arbitrator’s decision can be either binding, meaning that the parties are required to follow it, or non-binding, meaning that the parties are not required to follow it but may choose to do so. In some cases, a panel of three arbitrators is used instead of a single arbitrator, and the panel is chosen by mutual agreement of the parties. The arbitration process is often less formal than a court proceeding and can be a more efficient way to resolve disputes.
The Benefits of Alternative Dispute Resolution
Alternative dispute resolution (ADR) can offer numerous benefits for businesses that choose to use it instead of relying solely on litigation to resolve conflicts. One of the main benefits of ADR is that it allows the parties involved to come to a resolution that considers everyone’s position and tries to find a solution that works for all parties, rather than one party prevailing over the other as can often happen in court. This type of “win-win” resolution can be more practical and flexible than a court decision, as it takes into account the specific needs and concerns of all parties involved. ADR outcomes are often considered to be more adaptable and tailored to the specific situation, making them more effective and satisfying for all parties.
We follow great history of successful recovery and relief for our clients and received many testimonials, references, and appreciation for the timely and commercially fit approach.
January 9, 2018
Insecticides & Seeds Act
Insecticides & Seeds Act
Agriculture is a heavily regulated sector in India, with various government agencies having oversight authority. The import, registration, manufacture, sale, transport, distribution, and use of pesticides and agrochemicals are governed by the Insecticides Act 1968 and the Insecticides Rules 1971. These laws set out the requirements for the regulation of these products in India, including the registration process for new products, labeling requirements, and restrictions on their use. It is important for businesses operating in the agriculture sector to be aware of these regulations and to ensure compliance in order to avoid potential legal issues.
All pesticides and insecticides must be registered with the Central Insecticides Board and Registration Committee before they can be made available for use or sale. This registration process helps to ensure that these products meet certain safety and quality standards before they are made available to the public. Additionally, under the Seeds (Control) Order 1983, it is illegal for any person to sell seeds without first obtaining a license. These regulations are in place to help ensure the safety and quality of products used in the agriculture sector in India. It is important for businesses operating in this sector to be aware of these requirements and to ensure compliance in order to avoid potential legal issues.
Any person who intends to sell or distribute seeds must make an application to the licensing authority appointed by the state under Order 1983. These formalities are not limited to the above and therefore need a deep knowledge of the laws in action and experienced professionals.
Our professionals are experienced, and they are well versed in the procedure and ensure compliance with the provisions. We have been advising the industry players like Rallis India Ltd, Tata Chemicals, Crystal Crop, and many other such organizations.
Our firm offers a range of services related to the regulation of pesticides, insecticides, and seeds in India. Some of the services we offer include:
- Registration of insecticides and seeds
- Handling sample failures
- Handling disputes related to the misbranding of seeds and insecticides
- Seeking stop sales orders for seeds and insecticides
- Representing clients in consumer complaints related to crop failures and misbranding of seeds and insecticides in consumer forums
We have expertise in navigating the complex regulatory landscape related to these products in India and can provide guidance and representation to clients to ensure compliance and address any legal issues that may arise.
January 9, 2018
Drugs, Cosmetics, Medical, Pharma
Drugs & Cosmetics Law, Medical Devices & Pharma Industries
The healthcare and pharmaceutical sector is vulnerable to a volatile regulatory environment and concerns about counterfeiting. The attorneys at TYJ Law Practice have significant litigation experience and a strong understanding of the key requirements and concerns related to clinical trials, liability, and insurance in this sector.
In India, medical device imports make up a large portion of medical device sales, with imports accounting for over 75% of sales. Indian companies are working to upgrade their products to meet international standards by bringing more medical equipment under the control of the Drugs and Cosmetics Act. According to the directives of this act, manufacturers and importers of medical devices must obtain a manufacturing license from the Central Licensing Authority or the State Licensing Authority. The Drugs and Cosmetics Act of 1940 is a law enacted by the Indian Parliament that regulates the import, manufacture, and distribution of medicines in the country. It is important for companies operating in the medical device industry in India to be aware of these requirements and to ensure compliance in order to avoid potential legal issues.
TYJ has advised and navigated the way for clients towards effortlessly complying with the laws in this area and while keeping up with the latest developments in the domain. The experts in our team regularly advise clients on Import and export policies, Packaging of drugs & equipment, while representing them before various panels and tribunals, and extending support in preparing Agreements, Lab reports, Registration of various licenses, certificates, etc.
Our services are designed to support clients throughout the lifecycle of a pharmaceutical product, covering a range of needs, including effective intellectual property management, compliance, and training for ethical and legal practices by committee members and institutions. We also assist in developing clinical trial agreements.
Our industry-specific approach helps clients to bring innovations to the market and adds value to their operations.
January 9, 2018
GST & Taxation
GST & Taxation
Goods and Services Tax (GST) is not just a tax reform but an altering step that has impacted competitive business practices in India. Our GST and Taxation team pro-actively stays abreast with the rules, regulations and amendments of the tax laws and is involved in advisory & litigation to handle all GST and tax related issues. Proper advisory services are crucial in navigating GST, as any missteps can result in unforeseen liabilities with ongoing consequences.
TYJ has an experienced and dedicated team of distinguished professionals, Chartered Accountants, Company Secretaries, Corporate Financial Advisors, Tax Consultants, and lawyers providing end-to-end support and services encompassing GST and Tax laws in India.
We assist companies by ensuring preventive litigation in the post-GST era and have a legacy of ensuring a fair and strategical litigation during the pre-GST era.
We help businesses prepare for GST implementation, including GST registrations, tax credit transitions, GST returns, supply chain process review, vendor contract review, GST internal audit, GST advisory, and IT/EDP system modifications.
Areas of Focus:
- Customs Tariff issues such as the classification of goods under the valuation under Customs Valuation Rules, eligibility for exemption benefits, rebate claims for Customs Duty, anti-dumping and safeguard duty, the Duty Entitlement Pass Book (DEPB) Scheme, Foreign Exchange Management (FEMA), and import compliance procedures.
- Central excise issues such as the classification of goods under the Excise Tariff, excise valuation, CENVAT credit, reversal/non-reversal of credit, eligibility for exemptions, central excise return filing, and central excise registration are some focus areas in which our team hold expertise and years of experience.
- Service tax issues such as the classification of services, taxability of services, input service credit, eligibility for exemptions, export of services, payment of tax under the reverse charge mechanism, service tax return filing, and service tax registration.
- VAT/sales tax issues such as chargeability of VAT, valuation, state-specific exemptions, VAT credit, VAT rebate, VAT/sales tax return filing, and VAT/sales tax registration.
- Foreign trade policy issues such as the classification of goods, export of goods, deemed exports, export benefits through EDI, the Export Promotion Capital Goods (EPCG) scheme, eligibility for export benefits, duty rebate claims, exporter registration, and export compliance procedures.
