#LankeshAssociates

Welcome to Lankesh Associates – Your Trusted Partner for Comprehensive Legal Solutions and Expert Consultancy Services

PRACTICE AREA

Conveyancing & Real Estate

Convenience plays a significant role in shaping the real estate market, influencing both property values and buyer preferences. As modern lifestyles increasingly prioritize accessibility and time-saving amenities, real estate developers and buyers alike are focusing on properties that offer convenience in various forms. This includes proximity to essential services such as shopping centers, schools, hospitals, and public transport, as well as access to recreational facilities and workspaces. Properties located in areas with easy access to these services tend to command higher market prices and attract a broader range of buyers or renters. Additionally, advancements in technology, like smart home features and high-speed internet, further enhance the convenience of living, making certain properties more appealing. In urban planning and real estate development, convenience is not just a luxury but a necessity, especially in fast-paced environments. Real estate investors and developers often prioritize projects in locations that offer a balance of residential comfort and proximity to urban conveniences. This has led to the rise of mixed-use developments, where residential spaces are integrated with retail, entertainment, and office spaces, creating communities where people can live, work, and play with ease. In summary, convenience has become a key factor driving the demand, pricing, and development trends within the real estate sector, as buyers increasingly seek properties that simplify their lives and offer easy access to essential services and amenities.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168

Litigation & Dispute Resolution

Litigation and dispute law refers to the legal processes involved in resolving conflicts between individuals, businesses, or other entities through the court system or alternative dispute resolution (ADR) methods. It encompasses the rules, strategies, and procedures for handling disputes when parties are unable to reach an agreement on their own. Litigation is often seen as the last resort when negotiations, mediation, or arbitration fail to resolve the matter. Key aspects of litigation and dispute law include: 1. Civil Litigation: This involves disputes between private parties, such as individuals, businesses, or organizations, over issues like contract breaches, property disputes, personal injury claims, and intellectual property rights. Civil litigation aims to settle disputes where one party seeks monetary compensation or specific performance from another. 2. Commercial Litigation: This focuses on disputes in the business world, including matters such as partnership disputes, breach of commercial contracts, shareholder disputes, mergers and acquisitions conflicts, and business torts like fraud or unfair competition. Commercial litigation often involves complex legal and financial issues. 3. Criminal Litigation: In this area, litigation involves the prosecution of individuals or organizations accused of committing crimes. Criminal litigation follows the process of determining guilt or innocence, with potential outcomes such as fines, imprisonment, or other penalties. 4. Alternative Dispute Resolution (ADR): To avoid lengthy and costly court battles, ADR methods like mediation and arbitration are often used. Mediation involves a neutral third party who helps facilitate a negotiated agreement between the parties, while arbitration involves a third party who hears both sides and makes a binding decision. ADR is often faster and less adversarial than traditional litigation. 5. Pre-Trial and Trial Proceedings: In litigation, disputes go through several stages, including pre-trial processes like filing complaints, conducting discovery (gathering evidence), and engaging in settlement negotiations. If these steps do not resolve the issue, the case proceeds to trial, where both sides present their arguments before a judge or jury. 6. Post-Judgment and Appeals: Once a court renders a decision, parties may seek to enforce the judgment or file appeals if they believe the outcome was flawed due to legal errors or procedural issues. Appeals can result in a retrial, modification of the judgment, or dismissal of the case. Litigation and dispute law ensure that conflicts are resolved according to legal principles and the rule of law. Lawyers specializing in this field represent clients in legal disputes, providing advice, preparing cases, and advocating on their behalf in court or through ADR.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168

Company Secretarial Services

Company secretarial services are essential for ensuring that businesses comply with legal and regulatory requirements. These services typically include handling administrative tasks, ensuring corporate governance standards are met, and maintaining company records. The company secretary is for filing necessary documents with regulatory bodies, such as annual returns, resolutions, and financial statements. They also manage communication with shareholders, oversee board meetings, and ensure that directors and company officers comply with their legal duties. Company secretarial services also play a crucial role in maintaining the company's statutory registers, such as the register of members, directors, and charges. Additionally, they may assist in drafting corporate documents, maintaining accurate corporate records, and facilitating communication between the company and regulatory bodies. For businesses, outsourcing company secretarial services is often a cost-effective solution, ensuring they remain compliant with changing laws while focusing on core business activities. These services are especially vital for companies in heavily regulated industries or for those expanding internationally.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168

Corporate & Commercial Law

Corporate and commercial law encompasses the legal principles and regulations governing the formation, operation, and governance of businesses, as well as the various transactions and activities they engage in. While both fields are closely related, they focus on different aspects of business operations. Corporate Law: primarily deals with the legal framework surrounding the formation, governance, and management of companies. It includes issues such as company incorporation, shareholder rights, mergers and acquisitions, corporate governance, and compliance with regulatory standards. Corporate law ensures that companies operate within the bounds of the law, and it often involves advising directors and officers on their duties and responsibilities. Commercial Law: focuses on the laws that regulate business transactions, covering contracts, sales of goods and services, and other commercial activities. It deals with the day-to-day legal matters that businesses face, such as drafting and enforcing contracts, resolving disputes, protecting intellectual property, and ensuring regulatory compliance in trade and commerce. Commercial law is essential for ensuring that business transactions are conducted fairly and transparently. Together, corporate and commercial law provide a comprehensive legal framework that supports the growth, structure, and transactions of businesses, safeguarding their operations and ensuring compliance with applicable laws and regulations. These areas of law are crucial for protecting the interests of both businesses and their stakeholders in a rapidly evolving marketplace.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168

Labour Law

Labour law, also known as employment law, is the body of legal rules and regulations that govern the relationship between employers and employees. It is designed to protect workers' rights, ensure fair treatment in the workplace, and establish the legal framework for resolving disputes between employees and employers. Labour laws vary from country to country but typically address key areas such as conditions, wages, benefits, and the rights of both parties. Key aspects of labour law include: 1. Employment Contracts: Labour law defines the obligations and rights of employers and employees in employment agreements, covering issues like job duties, pay, working hours, and termination procedures. 2. Wages and Working Hours: These laws set minimum wage standards, regulate working hours, overtime, and ensure employees are compensated fairly for their work. They also regulate breaks, holidays, and leave entitlements such as sick leave, maternity leave, and annual leave. 3. Health and Safety: Labour laws ensure that employers provide a safe and healthy work environment. This includes adhering to occupational health and safety standards, providing necessary training, and taking measures to prevent workplace accidents and injuries. 4. Discrimination and Equal Treatment: Labour law protects employees from discrimination based on race, gender, age, religion, disability, or other protected characteristics. It promotes equal treatment and opportunity in hiring, promotions, and workplace policies. 5. Collective Bargaining and Trade Unions: Labour laws give employees the right to form and join trade unions to represent their interests. They also regulate collective bargaining processes, allowing unions to negotiate wages, working conditions, and other employment terms on behalf of their members. 6. Termination of Employment: Labour law outlines the legal requirements for dismissing employees, including notice periods, severance pay, and the prohibition of unfair dismissal. It ensures that employees are treated fairly when their employment ends. Labour law is vital in maintaining a balance between the rights of employees and the interests of employers, ensuring that both parties fulfill their obligations and fostering fair and equitable work environments.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168

Intellectual Property

Intellectual property (IP) refers to legal rights that protect creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These rights allow creators and owners to control and benefit financially from their creations, ensuring that they are for their work and preventing others from using it without permission. IP law aims to foster innovation and creativity by granting exclusive rights while balancing public access to knowledge. Key types of intellectual property include: 1. Patents: Patents protect inventions or discoveries that are new, useful, and non-obvious. A patent grants the inventor exclusive rights to produce, use, sell, or license their invention for a specific period, usually 20 years. This encourages innovation by giving inventors the incentive to develop new technologies, knowing their work will be legally protected. 2. Copyrights: Copyright law protects original works of authorship, such as books, music, films, art, software, and architectural designs. The creator has the exclusive right to reproduce, distribute, display, and perform the work, as well as create derivative works. Copyright protection lasts for the lifetime of the author plus 70 years in many jurisdictions, ensuring creators can control the use of their works. 3. Trademarks: Trademarks protect distinctive signs, symbols, logos, or names used to identify and differentiate products or services in the marketplace. By registering a trademark, businesses can prevent others from using similar marks that could confuse consumers. Trademark protection can last indefinitely as long as the mark is in use and renewed periodically. 4. Trade Secrets: Trade secrets protect confidential business information that provides a competitive advantage, such as manufacturing processes, formulas, client lists, or marketing strategies. Unlike patents, trade secrets do not need to be publicly disclosed but must be actively protected by the owner through confidentiality agreements and other measures. 5. Design Rights: Design rights protect the aesthetic or ornamental aspects of a product, such as its shape, configuration, pattern, or color. Design rights prevent others from copying or imitating the appearance of the product and typically last for a limited time, usually around 10 to 25 years. 6. Geographical Indications (GIs): GIs are used to protect products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. Examples include Champagne from France or Parmigiano-Reggiano cheese from Italy. GIs ensure that only products from those regions can be marketed under those names. Intellectual property law plays a crucial role in encouraging innovation, creativity, and economic growth by allowing creators and businesses to protect their ideas and gain financial rewards for their efforts. At the same time, it balances public access to knowledge and innovation by setting limits on the duration and scope of these protections.

Raj Lankesh lankeshpartners@gmail.com (+94)71 442 1360 / (+94)70 532 9168