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Consult and Get Legal Advice from Commercial Expert Lawyers in Mumbai

Adv. S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Administrative Law
  • Consumer Protection
  • Contracts And Agreements
  • Documentation
  • Commercial
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bomaby High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throuout and out of the Maharastra for last 4 Years. View Full Profile

Ramalingaiah Mulakatte

Senior Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Arbitration and Mediation
  • Consumer Protection
  • Civil
  • Cheque Bounce
  • Commercial
Advocate/Senior legal adviser/Legal Counsel handling all types of legal matters both litigation and non-litigation and corporate legal adviser View Full Profile
Total Answers Given : 91
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Mayank Agarwal

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Commercial
  • Property
  • Power Of Attorney
  • Tax-Property Tax
  • Tax
I am a Mayank Agarwal. I am a Lawyer at Take Our Opinion. Take Our Opinion offers legal help and advice online for almost any legal matters. We also provide commercial and personal advice. Contact us for legal consultation at 022 22066649 OR +91- 9555763955. Visit us at http://takeouropinion.com View Full Profile
Total Answers Given : 6
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Urvi Rathod

President, UR Legal (International Law Firm), Advocates & Legal Consultants
Exp
Mumbai City , Maharashtra

Specialization

  • Civil
  • Child Custody
  • Arbitration And Mediation
  • Documentation
  • Commercial
President of UR Legal, an International law firm having their associates in India, Spain, U.K, Far East, Middle East, Australia, Canada etc. View Full Profile

ABHIJEET BRAHMADANDE

LEGAL OFFICER
Exp
Mumbai City , Maharashtra

Specialization

  • Cyber, Internet, Information Technology
  • IT Contracts
  • Administrative Law
  • Employment And Labour
  • Commercial
EXPERT IN FAMILY LAW, PARTITION, DRAFTING & VARIOUS DEEDS, CYBER LAW, IPR, CYBER CRIMINAL LAW View Full Profile

Digajmaan Ghanshyam Mishra

Advocate - Litigation Counsel
Exp
Mumbai City , Maharashtra

Specialization

  • Commercial
  • Admiralty and Maritime
  • Administrative Law
  • Intellectual Property
  • International Laws
Digajmaan - argues as Counsel & gives advice in Commercial, Civil / Criminal Litigation, Arbitration, Maritime, Start-ups, Intellectual Property Rights, Consumer, Matrimonial & other matters. He is on-board for many Corporates, being Associate Partner of Hammurabi & Solomon, Mumbai. View Full Profile

Pritesh Burad

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Commercial
  • Corporate and Incorporation
  • Bankruptcy and Debt
  • Immigration
  • Intellectual Property, Copyright, Patent, Trademark
Mr.Pritesh Burad, Esq. LLB,DTL,ACIArb Advocate –India Council – International Arbitration Associate – Chartered Institute of Arbitrators (CIArb). London, U. K. CLI- MDRT, U.S.A View Full Profile

Vijay Purohit

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Commercial
  • Arbitration and Mediation
  • Bankruptcy and Debt

Shriya Jain

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Documentation
  • Contracts And Agreements
  • Partnership
  • Commercial
B.A.LL.B. (Hons.) - Honours in Business Laws 5+ years PQE Specialised in Real Estate sector View Full Profile
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  • What is commercial law?
  • Is there any difference between commercial law and business law?
  • What is the difference between corporate law and commercial law?
  • What is the role of a commercial advocate?
  • What are governing rules or acts to establish commercial law in India?

What is commercial law?


Commercial Law does not have a fixed meaning in India. Broadly speaking there is not much distinction between a commercial and a non-commercial contract. Specialised Commercial Courts do not exist however for purposes of expeditious adjudication special courts are set up from time to time. As a matter of general practice, commercial laws include all the laws that can be attracted as per the factual nature of the commercial setting, i.e. the applicable laws vary from case to case.

Commercial Laws could have been derived from multiple sources. The Legislature is evidently the most prominent source as it has a clear binding nature which is beyond questioning in practice. English Mercantile Law influences Indian Commercial Laws, for example, Lex Mercantoria influences Indian policies. Judicial Precedents act as a guiding force and can have the same powers as a legislation is the legislative policies are silent on a particular issue. Customs and standard business practices are given importance in the domain of commercial laws, customs can also get legal recognition by Courts accepting them in a precedent or a legislation giving validity to a custom.

However, from the wide plethora of laws that can be applied in the domain of commercial laws, some of the prominent ones include:

  • The Indian Partnership Act 1932 - A partnership firm is not a distinct legal entity apart from the partners constituting it, i.e. a partnership firm is not a ‘person in law’, but is merely an association of individuals.
  • The Companies Act 1956 – A company is a juristic person. This Act regulates Companies in India.
  • The Income Tax Act 1961 – regulates income tax in India. Provides for the method, reliefs etc. available in income taxes
  • Goods and Services Tax - Goods & Service Tax is a comprehensive tax mechanism wherein all the major indirect taxes have been clubbed as one. It aims at the reduction of the cascading effects of taxes. GST eases the process of doing business.
  • Indian Contract Act 1872 - Contracts are basically agreements that have the power of legal enforceability and protection. As per Section 2(e) of the Indian Contract Act 1872, agreements refer to ‘every promise and every set of promises, forming consideration for each other’. As per Section 2(h) of the ICA, a contract is “an agreement enforceable by law”. Contracts are governed as per this Act
  • Negotiable Instruments Act – this Act regulates negotiable instruments which are commonly used in commercial activities. For example, Section 138 of this Act deals with the issue of cheques bouncing.
  • Consumer Protection Act 1986 - Consumer protection laws aim at the protection of the interests and rights of consumers. These laws aim at changing the mentality of the market from “Caveat Emptor” (let the buyer beware) to “Caveat Venditor” (let the seller beware).

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