May 2021 - Page 9 of 18

National University of Study and Research in Law (NUSRL), Ranchi was instituted in the year 2010 by Act No. 4 of Jharkhand State Assembly. The University has subsequently been recognized by the University Grants Commission (UGC) in September 2018 and the Bar Council of India (BCI).

About the Center for Criminal Law

Center for Criminal Law was established in 2017 to study the contemporary issues and challenges in criminal law. Center for Criminal Law has been one of the most active academic societies in the area of criminal law in NUSRL.

The Center provides to future lawmakers and lawyers an opportunity to understand the depth of the criminal justice system and develop strategies to mitigate the threat to this system. Center promotes and encourages research in the field of criminal law and is constantly involved in organizing events in the said sphere of law.

About the Book

IEA@150 is a book to mark the completion of 150 years of the Indian Evidence Act, 1872. Science and technology have evolved so much that the means of commission of an offence is no more limited to the use of conventional ways of committing an offence.

The cyber world has also seen drastic evolution leading to the enactment of the Information Technology Act, 2000. The mode of production of evidence in Court is also not the same anymore. Now, evidence may also be given in the form of electronic means.

In the present day, the personal information of people is no more personal. The data is used to commit different forms of crimes from a distant place. In 150 years the society has evolved so much that it has learnt different means of committing offences including means of destroying and preserving the evidence.

The Indian Evidence Act, 1872 is considered as a masterpiece in itself as it has managed to survive the modern changes. The main objective of the book is to understand the working of the Indian Evidence Act since its enactment and to assess how far the legislation has achieved its purpose.

The book will help students, research scholars, advocates, judges and teachers to have a panoramic view of the functioning and developments in the field of law of evidence. The Center for Criminal Law has taken the initiative of inviting papers on the subject which will be published under the aegis of Center for Criminal Law, NUSRL, Ranchi.

Patron: (Professor) Dr. Kesava Rao, Vurrakula Hon’ble Vice-Chancellor, NUSRL Ranchi

Editors

Mr. Shubham Srivastava Assistant Professor of Law, NUSRL Ranchi
Mr. Anubhav Kumar Assistant Professor of Law, NUSRL Ranchi
Dr. Julian Seal Pasari Assistant Professor of Law, NUSRL Ranchi

Submission Guidelines

The work submitted shall be the original and unpublished work of the author.
Plagiarism of any kind is strictly prohibited.
The papers should not be indicative of any political or religious bias.
Word Limit (Exclusive of Footnotes): 4000-8000 Words
Citation: The Citation style should be in consonance with Bluebook, 20th Edition.
The body of the paper shall be: Font: Times New Roman, Font Size: 12, Line Spacing: 1.5
Citations Font: Times New Roman, Font Size: 10 and Line Spacing: 1
Headings should be Bold, in Capitals, Size 14, centre-aligned.
The copyright shall vest in the University.

Submission Procedure

All submissions shall be sent through email at: ccl[at]nusrlranchi.ac.in in Microsoft Word (.doc or.docx) format.
The subject title for the email must be ‘IEA@150’.
The author must send in the cover letter in the body of the email, which must contain all the relevant details: (Name of the author(s), Designation, Name of College/University/Institution, Phone Number and Email ID).
Co-Authorship is limited up to two only.
An abstract of 500 words shall be sent via email latest by 15th June 2021.
The Last Date for submission of the final paper is 31st August 2021.
The decision of the Editorial Committee shall be final and binding.

Contact Information

E-mail ID: ccl[at]nusrlranchi.ac.in

Mr. Shubham Srivastava: Assistant Professor of Law, NUSRL Ranchi [8580322068]

Original Post: https://www.lawctopus.com/nusrl-edited-book/

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

Tamil Nadu National Law University (TNNLU), Tiruchirappali is organizing the 7th International Conference on Law and Economics, 2021 in association with the Indian Association of Law and Economics. The conference is scheduled to be held virtually from November 25th to 28th, 2021.

About the Organizer

TNNLU is located in the Srirangam Taluk of the Tiruchirappalli Corporation, formerly known as Trichinopoly. This institution of learning was established by the Government of Tamil Nadu by an Act of State Legislature (Act No. 9 of 2012) to provide quality legal education. TNNLU is the brainchild of the former Hon’ble Chief Minister Dr. J Jayalalithaa who laid its foundation stone on 13th February, 2012.

About the Conference

The Tamil Nadu National Law University (TNNLU), Tiruchirappali is organizing the 7th International Conference on Law and Economics which is to be held virtually from November 25th to 28th, 2021. This Conference is being organized in association with the Indian Association of Law and Economics. We hope that this conference will provide an opportunity for everyone interested in the discipline of Law and Economics to present papers on various themes under its wide umbrella.

Eligibility

Students, teachers, professionals, and research scholars (whether Indian or foreign nationals) are eligible to participate in the virtual conference and submit papers.

Notifications of Acceptance

We will review the papers as per the following guidelines:

Papers will be reviewed independently by at least two reviewers, allotted on a random basis;
The review will be based on scientific rigour of the paper, originality of research, and its relevance to the conference themes.

Fees:

Notifications of acceptance will be sent out by 10th October, 2021 on the basis of the review.

Indian Students/Research scholars: 1000 (INR)
Teachers: 1500 (INR)
Indian Industry Professionals: 2000 (INR)
Students (Foreign Nationals): 50 (USD)
Teachers & Professionals (Foreign Nationals): 80 (USD)

Important Dates:

Full Paper Submission: 20th August, 2021
Notifications of Acceptance: 10th October, 2021
Authors’ Registration: 18th October, 2021
Conference Dates: 25th – 28th November, 2021

Contact Information

Dr. K. Thomas Felix, CONVENER, Assistant Professor (Economics), Tamil Nadu National Law University, Tiruchirappalli, E-mail: thomasfelix@tnnlu.ac.in

Official Brochure:

https://tnnlu.ac.in/2021/ICLE/ICLE%202021%20Brochure.pdf

https://tnnlu.ac.in/2021/ICLE/ICLE%202021%20tri%20fold%20brochure.pdf

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

This article is written by Saba Banu , a 3^rd year law student of Pendekanti Law College, Hyderabad.

INTRODUCTION

In every case, a suit requires parties, which are most important for proceedings. If the parties to the suit do not show up, then it can be termed to be the non appearance of parties. Under the civil procedure code, there are certain provisions relating to the appearance and non appearance of the parties, by using this, they can be held liable and there will be consequences which they have to face. It is required that, parties to the proceedings appear in the court on the mentioned date by the court, either themselves or on behalf of them, their pleaders can visit. It is must and that they should visit to hear the pleadings argued by their respective counsels. Order IX of the civil procedure code lays down the principles on appearance of parties and what will be the consequences for non- appearance of parties. It is therefore said that parties should appear before the court for the proceedings, if they do not appear, then the court may apply Rule 12 of Order IX, which states that, if the plaintiff does not appear, then the suit is dismissed, because the burden of proof lies on the plaintiff to prove all the proceedings. If the defendant does not appear, then, they can pass an ex-parte order.

When both the parties, do not appear for the hearing, then the court may take action, and the court may dismiss the suit under Rule 3 of Order IX, and if the plaintiff gives a reasonable ground for his non appearance, upon which if the court satisfies, then the court can give another date for the hearing of the case.

As mentioned in the article, there will be consequences if the parties do not appear, they can be classified in 3 ways:

Both the parties,
Only if the plaintiff is absent,
Only if the defendant is absent.

When both the Parties does not Appear

Under the civil procedure code, if both the parties to suit do not appear, then the court may dismiss the case under Rule 2 of Order IX. And then the court may give a fresh date, for the hearing for both the plaintiff and defendant. And this power is discretionary to that of the judge, either they can dismiss the suit or can give another date for the proceedings of the case. And this duly will be applied to the non appearance of both the parties; if the plaintiff has appeared then it won’t be dismissed.

When Plaintiff does not Appear

If the plaintiff fails to appear, the court can dismiss the suit according to rule 8. Dismissal of suit depends totally on the defendant, whether the defendant accepts the claims raised by the plaintiff.

Case law: In Lakshmi commercial vs. Hansraj, the court said that this rule would not apply where the suit is dismissed for plaintiff’s non appearance, not for hearing the issue but for some interlocutory matter.

When the Defendant does not Appear

Under rule 6 of Order IX, the defendant does not appear, the court under three circumstances, they are:

i) The defendant may choose to remain silent after receiving the summons.

ii) The defendant did not set out the summons.

iii) The defendant was served with summons, but appropriate time was not there to appear him to court.

So as mentioned above, there are three circumstances upon which the absence of the defendant can be identified, the court is entitled to proceed with the hearing of the case only by the plaintiff. These proceedings are called ex-parte proceedings.

As we have seen in the 3 scenarios, under 1^st and 2^nd scenarios, the court can issue adverse orders against the defendant. Under the 3^rd scenario, where the defendant did not have sufficient time to appear in the court, the court may give a further date to hear the issue.

What are ex-parte proceedings?

Under the civil procedure code, sub-rule 1(a) of rule 6 along with rule 13 of Order IX, deals with ex-parte proceedings. Ex-parte decree is passed when the plaintiff has appeared before the court, and the defendant did not, even if the summons was duly served. An ex-parte is given against the defendant, because he was absent at the hearing of the suit. In addition to this, the defendant has certain remedies when the ex-parte is issued.

Remedies available for defendant:

i) The defendant can apply to the court under rule 13 of Order IX, for setting aside the decree passed by the court.

ii) Defendant can apply for a review under Order 47 rule 1

iii) A suit on the ground of fraud can be filed.

CONCLUSION

The appearance and non-appearance of the parties will have duly effect on their case, by dismissing the suit or hearing on the further date or ex-parte can be passed. So, when the parties have not appeared in the court, then the court will have to take up any step mentioned. In regard, to dismiss the suit it is the discretionary power, that to dismiss the or not, in the hands of the judge. The judge can either dismiss the suit, or can give a further date, by seeing the reason stated by the party, and duly take the decision.

There are situations upon both the plaintiff and the defendant, if the defendant did not appear to court, then the court may pass ex-parte decree, on the other hand, if the plaintiff did not appear in the court then, the court may dismiss the suit and give the further date for the proceedings, along with it, the decision lies on the defendant.

When any ex-parte decree is passed, it can be set aside if the court may satisfy the reason given by them.

Latest Posts

Archives

This article is written by Kalyani Gupta, a Master’s in Law student from Amity University, Noida. This article discusses the meaning and scope of Forensic Science along with different kinds of methods used.

INTRODUCTION

Forensic science can be described as a study and use of science to issues of law. This link of science and law offers new techniques and methods for finding the reality. The word “forensic” is obtained from a Latin word “forensis” which implies ‘forum’, a public spot where, in the Roman times, senators discussed and conducted judicial proceedings.

Forensic science is a consolidative subject linking numerous areas of learning which are used for examining crime scenes and gathering evidence to be used in the prosecution trial of criminals in the court of law. The methods of forensic science are used to examine compliance with international treaties involving weapons that can cause mass destruction. Previously, the major areas used in forensic science were biology, chemistry, and medicine. Forensic specialists give an essential source of information whether international or domestic for criminal proceedings. “Their knowledge from mass graves is not an exception: findings from exhumations and examinations have featured in the ad hoc tribunals’ trials and judgments”. The statistic is that not many professionals are trained with the knowledge required to fully apply the ability of science in legal civil, criminal, and family matters.

Scope of Forensic Science

The area of forensic science is so broad and diverse that currently it has become an essential ‘working horse’ for delivering justice. The present-day situation in India of criminal investigations and prosecution is rather bleak. In India, a huge number of tracks end up in releases. Both official and unofficial figures are included in it. When it’s official then it is about 90% and when it is unofficial the figure is even greater.

In India, the inquiry of crime and prosecution of people who have committed the crime is not that great. Even in outrageous crimes a large number of offenders are not prosecuted and a few proportions of trials end up in release or acquittal because of which several criminals along with crimes are increasing regularly. These recurrent acquittals are primarily because of outdated procedures of inquiry and investigation which lead to numerous ambiguities. Thus, for genuine investigation scientific methods of investigation are required.

The need for the use of science in the spreading of criminal justice has evolved from the following aspects:

Societal Vagaries: The society is experiencing changes and that too at a very quick speed. India has undergone a radical shift and has changed from an imperial colony into an autonomous republic. Modern innovation has touched all the ways of life including communication or transportation. But this transformation has not been positive as such, but it has affected negative individuals as well as the satellite interaction which is assisting and helping the intelligence agencies and proved it as a boon to the criminal minds.

Obscurity: The change in the techniques of transportation and altering of social paradigm from rural to urban literally helped and enabled the criminals to evade from instant arrest and punishment for the commission of crime. The criminals with the assistance of improved services can go into hiding in any area of the city or can travel hundreds of miles away from the target where the crime was committed in a very short period of time.

Technical Know How: The technical expertise of an ordinary man has improved which has developed the ways of committing the crime and in order to fight with these enhanced techniques of committing crime by the offenders, the technique and methodologies of fighting the said crime should also get advanced and updated.

Extensive Arena: The field of business of criminal law is expanding at a tremendous rate. Legally the crime and criminal used to be local, and typically age-old methods were used for perpetrating the crime but now both national and international crimes are a common occurrence. “Smuggling Drug Trafficking, financial frauds and forgeries offer a wide and over expanding field”.

Better Evidence: Usually the physical evidence evaluated by an expert is extremely intent in nature, like for example if a fingerprint is discovered at the crime scene, it is perceived to be of only one person. If that person turns out to be the suspect in the crime occurred, he must account for his mere presence at that crime scene. Similarly, if a bullet is retrieved from a dead body, it can be ascribed to one firearm or gun. If this gun turns out to be of the accused, he must be held responsible for its participation in that crime. Such type of evidence is always provable.

Different Kinds of Methods Used

Forensic Odontology: This helps in finding the victims when the dead body is left in an unrecognizable condition. It is achieved by analysing and examining the teeth, alignment of the mouth and the whole mouth structure. ‘Forensic dentists’ or ‘odontologists’ help with a person’s relative identification by examining the teeth’s expansion and anatomy, and any recuperative dental corrections such as a teeth filling. This can also be used for analysing bite marks in criminal investigations.

Forensic Toxicology: Chemicals which are legally identified as having the abuse possibility are deemed as controlled elements. This involves drugs which are illegal for example – “cocaine or heroin and prescription medications like oxycodone”. Discovering and acknowledging these drugs play a crucial role in helping the legal enforcement authorities tackle opioid addiction and violence because of drugs. This division of forensic science is of a very crucial importance in situations like road accidents, poisoning, sexual assault etc. The reports of toxicology offer vital specifics on the presence of any incident which is related to drugs. Because of different types of drugs being created on an everyday basis, this particular branch of forensic science is constantly changing and needs to update its approach.

Forensic Anthropology: This branch deals with the analysis of broken or damaged remains of the human body or skeletons to evaluate the age, height, gender, and background. It also helps by identifying and assessing injuries to ascertain the time passed since the time of death of that person. The research recommends valuable clues on identification of the victim, particularly in those cases where the dead bodies are beyond identification.

Impression and Pattern Evidence: “Evidence for impression is that evidence which can be produced when two objects come into contact with enough power to create an impression”. This can involve a two-dimensional idea such as a fingerprint, or a three-dimensional notion like a bullet mark. Analysis of the pattern evidence involves finding and assessing extra details surrounded by a given assessment. When applied in conjunction, influence and pattern evidence can assist in forming crucial links between a suspect to a scene of crime.

Forensic Pathology and Medicolegal Death Investigation: Forensic pathology aids with the inspection and examination of the dead body in evaluating the cause of death. Forensic medicine involves assembling and examining the medical samples to determine facts which are acceptable in court. Discovery of wound patterns, for example, can help in finding the weapons which might have been used to perpetrate the wound. Moreover, forensic pathologists may examine weapons used in deaths concerning wounds of exit and entry.

Trace Evidence: The examples of “trace evidence” involve substances such as – fibres, dirt, hair, bullet residue, wood, and pollen. It draws its name from its capability to be effortlessly exchangeable in the path of a crime between pieces, people, or climate. Trace evidence also plays a very important role in connecting the offender to the victim.

Cyber Forensics: Cyber Forensics involves the research or study of electronic information and data and physical storage space devices such as pen drives, hard disks, etc. The key purpose is to identify, store, recover, assess, and present facts and views on digital content. This is mainly used to indict cybercrimes and civil events.

Ballistics: Ballistics is a very distinct forensic science involving – “motion, actions, movement, angular motion, and projectile impact, such as bullets, rockets, missiles, bombs, etc”. Ballistics were utilized primarily in criminal investigations. Analysis of the bullets found at a crime scene, for example, it can reveal the kind of gun which was used to fire and whether or not it was engaged with any more crimes in the past. Also, the ballistic details are documented in a massive database that the legal enforcement agencies around the world can have access to.

CONCLUSION

Forensic science is an evidenced process which includes numerous areas of science. It comprises further progressive thinking and modern medical technology. Forensics involves a specialist who can gather biological samples while taking vital precautions during gathering, like proper handling, suitable storage of biological samples for example blood, semen, saliva, hair etc. Forensic science can contribute a lot for obtaining speedy justice to the society if appropriate measures are taken for due and efficient execution. The prominence statements from the forensic scientists shall certainly fulfil the hope of the people from the professionals of forensic. Currently, because criminals are adopting new contemporary complex techniques in executing the crimes, so, it is not feasible to solve the crime without using the new systematic technique.

Therefore, the significance of forensic science is rapidly increasing in the current time with the assistance of forensic science and its innovative techniques the enigmatic crime can be effortlessly solved.

Latest Posts

Archives

Tripura Police is the law enforcement agency of the state of Tripura which organizes and is responsible for policing activities in the state of Tripura, Northeast India. It was formed in the year 1965. Tripura Police Department is seeking to engage the services of Legal Advisors and Additional Legal Advisor, to fill up 9 posts of the former and 1 of the latter.

Number Of Vacancies:

Legal Advisor: 9 (Nine)
Additional Legal Advisor: 01 (One)

Eligibility:

Applicant must be a Law graduate from any recognized university.
Applicant must have a minimum of 5 years of experience in conducting criminal cases in the Judicial Magistrate’s Court and in the Sessions Court
OR Retired Law Officer in any Central or State Government Department, or a retired Judicial Officer
As proof of experience, the candidates must submit 10 (Ten) recorded judgments, as a lead 3 advocate

Period:

The contract shall be for a period of 1 year, which may be extended further based on performance

Application Procedure:

The completed application in prescribed format along with the requisite documents should be sent by Registered/Speed Post to the Office of the Assistant Inspector-General of Police (Crime), Police HO. Tripura. Agartala. Pin – 799001
The Application Form may be downloaded from www.tripurapolice.gov.in
Incomplete applications and applications received after the last date will be summarily rejected.

Application Deadline:

Last date of receipt of applications: 15th June 2021.

Official Notification:

https://tripurapolice.gov.in/files/uploaded-file/GGGG.pdf

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

About the job

Assistant Manager – Legal Operations will be based in Chennai.

We Are Looking For Someone Who Demonstrates

Intense collaboration
Passionate customer focus
Thoughtful, fast, disciplined execution
Tenacious commitment to continuous improvement
Relentless drive to win

Here Is a Glimpse Of What You Will Do

Develop playbooks and other related supporting materials outlining legal processes, standard procedures, and general team processes to enable consistent and efficient transactions.
Create and manage matters on Spend Management tool and review invoices to ensure compliance with legal billing guidelines.
Update and maintain intranet sites, SharePoint sites, and various other systems and tools.
Develop low-medium complexity reports; provide routine and ad hoc analysis and reporting
Identify and assist with opportunities for department process improvements
Execute ad-hoc special projects as needed to support the Legal team. May include conducting basic project management, research and analysis of data.
Collaborate with senior Regional Attorneys and Corporate Legal team
This job description may not represent all the duties of the position; the incumbent may be assigned other related duties by the Corporate Legal Ops Team.

Here Is Some Of What You Will Need (required)

Bachelor of Law from reputed Indian University with 2 to 5 years of working experience
Hands on experience in Legal Operations work at any LPO, Law firm or a multinational corporation
Ability to multi-task, independently manage time and be detail oriented.
Hands-on experience with legal operations tools like Serengeti / Legal Tracker, etc. to monitor e-billing, matter setup, reporting, and overall spend management.
Capable of responding to changing situations and reprioritizing work as necessary
Problem solving skills.
Excellent Communication skills in oral/written English.
Very strong knowledge of MS Office, Excel (pivot tables), PowerPoint, MS Teams, SharePoint, etc.

Here Are a Few Of Our Preferred Experiences

Ability to engage and thrive in a cross-cultural environment
Self-driven and shows enthusiasm
Willing and capable of working in big larger team structure.
Provide suggestions to the team when necessary with regards to legal requirements.
Ability to engage and thrive in a cross-cultural environment.

Here are a few examples of what you will getfor the great work you provide:

PTO
Health Insurance

Seniority Level

Mid-Senior level

Industry

Electrical & Electronic Manufacturing

Employment Type

Full-time

Job Functions

Legal

Official Notification:

https://www.linkedin.com/jobs/view/2527338680/?alternateChannel=search&refId=LBro2e6kOCK3lM4ed03Obg%3D%3D&trackingId=rJtTolMFpfkbioRNvGbBqQ%3D%3D

How to apply?

https://flextronics.wd1.myworkdayjobs.com/Careers/job/India-Chennai/Assistant-Manager—Legal_WD110959/apply?source=LinkedIn_Slots

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

About Wells Fargo & Company:

Wells Fargo & Company (NYSE: WFC) is a leading global financial services company headquartered in San Francisco (United States). Wells Fargo has offices in over 20 countries and territories. Our business outside of the U.S. mostly focuses on providing banking services for large corporate, government and financial institution clients. We have worldwide expertise and services to help our customers improve earnings, manage risk, and develop opportunities in the global marketplace. Our global reach offers many opportunities for you to develop a career with Wells Fargo. Join our diverse and inclusive team where you will feel valued and inspired to contribute your unique skills and experience. We are looking for talented people who will put our customers at the center of everything we do. Help us build a better Wells Fargo. It all begins with outstanding talent. It all begins with you.

Market job Description:

Department Overview

Commercial Banking Control Operations caters to Onboarding of New to Bank Customers in Commercial banking domain. Team also has Periodic Review, Data Quality Exceptions and Quality Check Capabilities in Wells Fargo India Financial Crimes Control operations. Financial Crimes Onboarding Team Conducts Know your Customer (KYC) Compliance process for Commercial Banking Line of business processes in line with the requirements of the USA Patriot Act as well as Wells Fargo corporate AML / BSA policy requirements. Reviews Customer Due Diligence information for accuracy and investigate discrepancies and Interacts with compliance representatives to assess potential unusual activity. Financial Crimes QC Team – Conducts QC reviews on Know Your Customer (KYC) Onboarding activity, Monitoring and Surveillance activity, and other financial crimes related activities and processes to ensure compliance with both the USA Patriot Act as well as Wells Fargo Corporate AML/BSA policy requirements.

About the Role:

Due Diligence Associate should participate and provide compliance support for projects and initiatives with low to high risk to identify assess and mitigate BSA/AML risk in business activities. Review Customer Due Diligence information for accuracy and investigate discrepancies. Identify Higher Risk clients and obtain Enhanced Due Diligence where appropriate. Maintain program and procedures, making updates as needed. Assist as needed with examinations and/or audits.

Responsibility:

Conducting Know your Customer (KYC) Compliance process for commercial banking processes in line with the requirements of the USA Patriot Act as well as Wells Fargo corporate AML / BSA policy requirements.
Responsible for assisting with the implementation and monitoring of a risk-based compliance program to assure compliance with federal, state, agency, legal and regulatory requirements
Responsible for picking up relevant samples for Data Quality exception to assure compliance with as prescribed in the QC framework requirements.
Participates in and provides compliance support for projects and initiatives with low to high risk to identify, assess and mitigate BSA/AML risk in business activities.
Analyze risks on escalated, referred, or alerted negative news. Communicate negative findings to lines of business and supply guidance on course of action.
Identifying and researching the patterns, trends and anomalies in transactional and customer data to detect, prevent, mitigate and report suspicious activity related to money laundering and terrorist financing.
Maintain an Audit Trail of Due Diligence Performed
Analyze potentially suspicious activity, which will require the review of historical activity along with customer information.
Interact with compliance representatives to assess potential unusual activity.
Maintain program and procedures, making updates as needed.
Assist as needed with examinations and/or audits.
Sound analytical, critical thinking and problem-solving skills

Essential Qualification/Experience:

Graduation in any stream.
5+ years of experience in one or a combination of the following: financial services, criminal justice, fraud, Bank Secrecy Act, anti-money laundering, or investigations of financial crimes or policy violations; experience in the foregoing Operational Risk Management processes and / or Compliance or Audit Programs of a banking back office operations.
Familiarity with and working knowledge of BSA/AML programs including all aspects of KYC and / or other related risk and regulatory disciplines.
Proven ability to collaborate with all levels of management and functional groups.

Desired Skills:

Good Verbal And Written Communication Skill
Ability To Interpret data
Analytical skills
Quick learner
Domain knowledge within banking
Market Skills and Certifications

We Value Diversity

At Wells Fargo, we believe in diversity and inclusion in the workplace; accordingly, we welcome applications for employment from all qualified candidates, regardless of race, color, gender, national or ethnic origin, age, disability, religion, sexual orientation, gender identity or any other status protected by applicable law. We comply with all applicable laws in every jurisdiction in which we operate.

Reference Number

62874BR

Seniority Level

Associate

Industry

Financial Services
Investment Management
Banking

Employment Type

Full-time

Job Functions

General Business
Finance
Analyst

How to apply?

https://www.linkedin.com/jobs/search/?currentJobId=2516544615&pivotType=jymbii&start=24

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

Vanshika Arora, is a first-year B.A.LL.B student at Army Institute of Law, Mohali. This article throws light upon the recent illegal adoptions and child trafficking.

Amid the horrors of plummeting oxygen, and floating dead bodies, many other precarious state of affairs have engulfed the country. One of the many is WhatsApp messages being sent around, pleading people to adopt children that have been made orphan due to the pandemic. Surprisingly, “covid orphans” are being projected as moral responsibility, however, these children have been victims of the dreaded crimes of child trafficking, and forced child marriages.

These social media posts and WhatsApp messages might seem emotive and shadowed with morality, however, such a practice is illegal under the law. Moreover, ‘commodifying’ children is not only illegal but also, unethical on many grounds. Experts have warned that the source of these internet pleas could be well-thought, profiteering racquets of child trafficking. The correct manner of helping a distressed orphaned child under the Juvenile Justice Act,2015, is to call the helpline number 1098, contact the district Child Welfare Committee or District Child Protection Unit, or contact the police, who would then take on the responsibility of these children through correct legal mechanisms. There are around 600 Child Welfare Committees in different districts across the country with stationed ground crews. The CWC is a five-member committee, delegated to conduct a social investigation of an orphan after ensuring she is in need of protection and assistance and to settle orphans in prospective homes or specialized adoption agencies or foster care and sponsorship. The committee is given a total time of 2 months to ascertain if a child is fit for adoption, if she is, the committee shall match her with a Prospective Adoptive Parent (PAP).

More so, people have been cavalier enough to attach personal details of these children, along with photographs, etc. This practice violates the Right to Privacy of children, and could also attract the wrong audience with latent motives. Under section 363 of the Indian Penal Code (Punishment for kidnapping), such an act of taking custody of children and pleading adoption can be punishable. It is moreover, horrifying to note that netizens who have been spreading the social media thread have not been able to realize the “for sale” nature of such an act. A scourge individual could choose to adopt a child through these posts and then abandon her, or sell her off, making this practice more inhumane, thereby disposing of innocent children.

This act might seem to have come to our knowledge only recently, however, according to the data released by Childline India Foundation, child trafficking has experienced a sudden rise during the lockdown. Another 15% surge has been noticed between April and May this year.

The correct manner of child adoption has been enlisted in the Juvenile Justice Act, 2015 (amended in 2021), such an act being propelled by social media is entirely illegal under the ambit of JJ Act. This Act ensures the protection of children against child trafficking and child labor, which are fundamental rights under Articles 23 and 24 of the constitution. The JJ Act enumerates five pillars that are essential for child adoption, each of which is violated in the current practice. These are:

Identification of child in need of care and protection
Inquiry by authorities and awarding of temporary or permanent custody
Declaration of being “legally adopted” post inquiry
Following adoption procedure under the CARA (Central Adoption Resource Authority) Act
Follow-up for the child’s well-being

The Minister of Women and Child Development, Smriti Zubin Irani, furnished a statement warning the public to not fall prey to such illegal adoptions, moreover, state governments of Maharashtra, Delhi, and Madhya Pradesh have taken certain steps to curb this disdained act. The Kejriwal, Delhi government has announced to bear expenses of children orphaned by COVID-19. The Madhya Pradesh government has promised a compensation of Rs 5,000 per month with free education and ration. Lastly, the Maharashtra government has promised to form a task force in every district that shall ensure the protection of orphaned children.

Latest Posts

Archives

This article is written by K.Lasya Charitha pursuing BALLB in Damodaram Sanjivayya National Law University, Visakhapatnam. In this article, the researcher discusses the meaning, types of Injunctions, and few case laws related to injunction.

INTRODUCTION

Any appeal to the courts without remedy is futile. Anyone who goes to court for past or current injuries must first make sure to exhaust their preferred relief measures of seeking damages. If the court grants redress by ordering a specific person or a group of people to do or refrain from doing something. This repair can take several forms. In the vast majority of tort claims, the plaintiff is seeking financial compensation (damage) for the damage suffered. This fact is emphasized in the distribution or redistribution of the loss. However, in many cases, the plaintiff tried to take injunctive measures to prevent future damage in that area.

Meaning of Injunction

An Injunction is an order given by the court restraining a specific person or a group of people from doing or not doing a specific act.

The Injunction is a discretion of the court, and failure to do so may lead to contempt of court. In the past, injunctions were given only when “when the remedy at law is inadequate”.

Illustration: Suppose you have a house surrounded by trees that are hundreds of years old, and your neighbor claims that these trees are their property and plans to cut them down. While the dispute is pending, the court can issue an order of Injunction prohibiting neighbors from cutting trees until the problem is fully resolved. Otherwise, it may cause irreparable damage to the land. Money loss cannot replace trees, and the loss you deserve may be speculative.

Types of Injunction

Injunctions are divided into two categories:

Based on the times period
Based on the nature of the order

Based on the Time Period

Temporary Injunction: A temporary injunction refers to a court order for a certain period of time, that is, until the next court order. Usually, injunctions are issued early in the legal proceedings and they are regulated by the code of civil procedure, 1908.

They are granted on the basis of a prima facie case without objection until the case is reviewed and a decision is made on the matter. For example, it may be necessary to prevent fraudulent confiscation or confiscation of property or illegal confiscation of the disputed property. This can help maintain the status quo.

Order 39 of the Civil Procedure Law contains rules for taking temporary injunctions and interlocutory measures.

Circumstances where temporary injunction can be ordered

(a) If it is determined by an affidavit or other means in any legal process-the property is at risk of waste, damage, or transfer by either party to the suit, or

(b) the defendant threatens or intends to take or dispose of Property to deceive its creditors.

(c) If the defendant threatens to deprive the plaintiff of any disputed property, the court may issue a temporary injunction or through its order to protect and prevent waste, damage, alienation, sale, removal, or sale of the property. This is the subject of a legal dispute. In a legal dispute, the court considers this appropriate until the court resolves the dispute or issues a new order.

Injunction to prevent recurrence or continued breach

In any action aimed at preventing the defendant from breaching the contract or any other form of any damage, regardless of whether the claim is seeking compensation, in any case, the plaintiff can, after the commencement of the proceedings and before or after the judgment, can seek an injunction from the court to prevent the defendant from committing a breach of contract, or similar violations from the same contract or related to the same property or rights. The court may issue an injunction, according to the validity period of its order to keep records, make a guarantee, or in any other manner determined by the court.

Permanent Injunction: Permanent Injunctions can only be made based on the decisions of the oral hearing and the merits of the claims. Therefore, the defendant is permanently prevented from the assertion of a right, or from engaging in acts that conflict with the rights of the plaintiff.

If the defendant infringes or threatens to infringe or use the plaintiff’s property rights, the court may give permanent injunction indefinitely under the following circumstances:

(a) the actual damage caused or likely to be caused by the aggression has not been determined

(b) If the intrusion is such that monetary compensation cannot provide sufficient relief;

(c) When is it necessary to take preventive measures to prevent multiple disputes.

Based on the Nature of the Order

Injunctions can be “prohibitory” or “mandatory”, the former prohibits any behavior and shall comply with the provisions of section 38, while the second requires the defendant to take specific actions described in section 39. If the defendant illegally built the separation wall by infringing on the plaintiff’s land and may continue to act further. The court can order to remove the wall with a mandatory injunction and not to construct the wall any further through a prohibitory injunction.

Prohibitory Injunctions: Permanent Injunction means preventing/prohibiting someone from taking any continuous actions contrary to the plaintiff’s normal use of land or other property. The maxim Status quo ante has been followed i.e., to make whole again someone whose rights have been violated.

Mandatory Injunctions: In rare cases, the court will issue a mandatory injunction. According to this mandatory injunction, the court orders or orders someone to do an act, that is, someone has done an act to cancel it, or if an act is not done then that act to be done. The court can order individuals/companies to do such acts.

The Mareva Injunction: The Mareva injunction issued in the Commonwealth jurisdiction is a court order to freeze assets so that the defendant in the lawsuit cannot dissolve his property outside the jurisdiction of the court to frustrate the judgment. It is named Mareva Companie Naviera SA v. International Bulkcarriers SA, decided in 1975, although the first case of judgment found in British case law was Nippon Yusen Kaisha v. Karageorgis in 1975, which was made shortly before Mareva’s judgment, but in the United Kingdom, the 1998 Civil Procedure Rules now define Mareva orders as “frozen orders”.

Circumstances of Granting and Refusing Injunctions

Granting Injunctions

If any property is in dispute, and the court considers the property to be in dangerous circumstances, or that either party may damage or waste the property.
The defendant threatened or intended to dispose of or remove the property.
The defendant’s infringement must be carried out in a way that monetary compensation cannot adequately be compensated.

Refusal of Injunctions

The court cannot issue an injunction prohibiting others from taking legal action.
They cannot issue an injunction restricting any person from applying to any legislative body.
An injunction cannot be issued to prevent someone from being prosecuted in criminal proceedings.
The court will not grant an injunction to the plaintiff, if the plaintiff is not in personal interest in the case.

Few Case Laws related to Injunction

M/S Hindustan Pencils Pvt .Ltd. vs. M/S India Stationery Products: In this case, the plaintiff put forward a suit for a permanent injunction on the grounds of trademark infringement and prayed against the defendants for the performance of accounts of profit decree. Together with this claim, a preventive application of 0.39 Rr. 1 and 2 was filed for a temporary injunction against the defendants to prevent them from violating the trademark. According to the plaintiffs, they used the Nataraj brand product dated October 27, 1972, which has a Nataraj device No.260466, involving all types of pencils, erasers, pens, and pencil refills, pencil sharpeners, ballpoint pens, pens paper clip in which were adopted in 1961 and Once registered, they continued to be valid subsisting trademark registration. They learned that the defendant had secretly registered the copyright, and the label was similar to the plaintiff’s identity label in the case of pins. After reviewing all aspects of the case, the court determined that the temporary injunction prohibits the defendant from using the illegal trademark â€˜NATARAJ’ and NATARAJ devices, or the plaintiff’s trademark registration numbers 260466 and 283730 for trademark infringement with respect to stationery and other office supplies.

Rohini Sharma &others vs. Sakuntala Devi and others: In this case, the court granted the applicant unilateral and temporary injunction, but these measures were overturned by the Court of First Instance. Therefore this appeal, If the court of the first instance makes a factual error in executing the preliminary court order. This is part of the ownership declaration, and the court has the power to issue a temporary injunction under Order 39, Articles 1 and 2, and even CCP Article 151. The relief was completely discretionary. The interim injunction requested by the complainant depends on a declaratory sentence during the prayer process. Finally, it has been determined that the right to restrict transfer and refuse to restrict can only be exercised in the manner prescribed by the company’s articles of association. This does not violate any provisions of the law or the company’s articles of association. It is also held that ex-parte injunctions can only be used in exceptional circumstances. It cannot be said that the discretion of the following courts was so wrong that it requested intervention at that time.

The Commissioner, Bangalore Development Authority, and Anr. vs. Brijesh Reddy and Anr: In this case, the High Court permitted the appeal filed by the defendant/plaintiff against the lower court’s decision. Therefore, this appellate court: When the proposed land is acquired during the land acquisition process, does the civil court have the power to rule on the claim? Is the High Court innocent to transfer the case to the first instance without reviewing any maintainability issues? By the time the acquisition process is complete, individuals who purchased the land cannot have any right to maintain the suit for injunction against the authority.

Haryana State Electricity Board vs. Hanuman Rice Mills and Others: There are two different lawsuits, and the compensation required in these two claims is different, because the first is a permanent injunction, and the second is a declaration and compensation of losses so that the Electrical Commission cannot ask for enforcement of contractual liability of the previous owner against the purchaser of the property. After a power outage, even if the same house is required to reconnect, it cannot be regarded as a consumer.

Conclusion

The grant of injunction is completely based upon the discretion of the court, and the court can consider various factors, such as expediency, the possibility of appropriate remedies, the behavior of the parties, and the ability to enforce judgments to approve or deny its application. The court can enforce certain actions by mandatory injunction. According to the injunctions, the court can order the demolition of illegal highway buildings or stop activities that cause inconvenience or prohibit the making of potentially defamatory statements. So, we can say that an injunction can be used as relief for claims under torts law as we have seen in the above examples that the court can issue an injunction in various civil matters.

Latest Posts

Archives

ABOUT INTERNSHIP PROGRAMME:

Legal Zems is a prestigious legal organization and serves its service in the legal field from one and half years. Legal Zems is calling for Interns for its 4 th Batch and Providing 4 weeks Online Internship Programme where Interns can learn the practical skills which is required for law students
and helpful in the future as well when Interns enrolled themselves as an advocate. Legal Zems is providing Internship in 4 subjects namely Constitutional Law, Criminal Law, Family Law & Women & Law. An intern
can opt any one of the subject for their Internship Programme.

PROGRAM STRUCTURE:

Week 1:- Article Writing & Research Work on legal topics.

Week 2:- Drafting (Writ Petition, Plaints, Written Statement, PIL, Bail Application, Plaint, Maintenance, Residence Protection e.t.c)

Week 3:- Case Study or Case Commentary.

Week 4:- Research Paper or Seminar Paper Writing.

ADDITIONAL BENEFITS:

We shall Provide Personal mentorship & guidance to the Intern.
With regards to Week 1 st & Week 4 th activities, we shall provide
webinar on it by eminent personalities of the legal fraternity and
shall also provide sample of Article, Research Paper, and Seminar
Paper.
With regards to week 2 nd and 3 rd we shall provide sample of the
drafting, case study, case commentary from which intern may take
reference for their activity respectively.
In case of any doubt or query intern shall contact their respective
mentor via Email.
On the last day of the online Internship Programme, Intern shall
have to give one qualifying examination which shall be objective in
nature. In qualifying examination Intern shall be awarded with
grades which will reflect on their certificate respectively.

IMPORTANT RULES:

Certificate shall only be provided when Intern complete their 4 weeks
Internship tenure along with the qualifying examination. Intern is
expected to accomplish each and every activity assigned by the
mentor.
PageRegistration fee is non-refundable under any circumstances.
Intern shall submit their activities on or before deadline.
Every communication between Intern and the mentor shall only be done via email.

REGISTRATION FEE, FORM AND MODE OF PAYMENT

Registration Fee: – Rs. 600/-
Mode of Payment: – Phone Pe, Google Pay, Paytm
Name & Number for the Payment: – 9891348721 (Prashant Kumar or
Prashant Mishra)
Note:- kindly take screenshot of the payment for future reference.

Registration Form Link:- https://docs.google.com/forms/d/1p-k58jbtvU-
m8zqtr7dxttsZ95-BN1YVdaA9u-O6xsk/edit

LAST DATE OF REGISTRATION AND SLOTS

The Last Date for Registration is 09 th June 2021. Each batch of specific
subject shall have the capacity of 20 seats only. Registration shall be done
on first come first serve basis.

CONCERNED AUTHORITIES

Mr. Prashant Mishra:- WhatsApp & Calling Number :- 8376951009
Ms. Ashita Singh:- WhatsApp & Calling Number:- 9315486852

OUR WEBSITE AND SOCIAL MEDIA HANDLES:

Website:- www.legalzems.com

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd