The Delhi High Court has restricted TRACTOR2TWITTER, claiming itself to be an internet network of individuals inquisitive about Farmers Protests, from making defamatory posts towards information channel AajTak on its social media accounts, after forming a prima facie opinion that the alleged posts uploaded with the aid of using it have been defamatory that used objectionable and abusive language.

In the period in-between order surpassed through the single bench comprising of Justice Rekha Palli, the Court determined thus: “Having perused the numerous tweets that have been posted through Defendant Nos.1 to a few in addition to the posts of Defendant No. 1 on its Facebook page, Instagram account, and respectable Telegram channel, I am of the prima facie opinion that they include wild allegations, are defamatory and use objectionable and abusive language in opposition to the plaintiff, its Aaj Tak new channel and its personnel. Such a marketing campaign in opposition to the Plaintiff, its ‘Aaj Tak’ information channel and its personnel may be extraordinarily destructive to their recognition and additionally, purpose private harm to them.”

Advocate Baruah acting for AajTak submitted earlier than the Court that TRACTOR2TWITTER had on thirtieth May 2021 launched seven posters on its legitimate Telegram Channel containing the channel’s emblem thereby calling it anti-farmer, venomous, toxic, communal.

Considering the “destructive nature” of the tweets and posts relied upon via way of means of the plaintiff channel, the Court discovered that there’s a prima facie case made out in favor of it “The plaintiff, a well-mounted media company, its ‘AajTak’ information channel, and their personnel could go through irreparable damage to their popularity if no intervening time safety is granted to them immediately. Consequently, this Court reveals it healthy to supply an intervening time injunction in favor of the plaintiff and opposition to the defendants in phrases of prayer (a) of the software beneath neath Order XXXIX Rules 1 and a couple of CPC.”. The court ordered.

Moreover, the Court additionally directed Twitter, Facebook, and Telegram to put off or take down the defamatory posts/articles/all content material bearing on the News Channel and block the URLs/internet hyperlinks as relied upon with the aid of using it.

-Report by Manaswa Sharma

In the 2019 Lok Sabha elections, Navneet Kaur Rana was elected as MP from Amravati constituency, which is reserved for Schedule Caste category. During that period of time, Ranaā€™s caste certificate attested her as ā€œMochiā€ which is one of the the Schedule Caste communities, which thus made her eligible to contest from the Amravati constituency.

In 2014, Rana had entered politics on an NCP ticket, but lost the election. However, in 2019, Rana contested as an independent party from Amravati and won against Anand Rao Adsul. A petition was filed by Anand Rao Adsul, a former MP, in the Bombay HC against Rana alleging that she had filed a fraudulent and forged certificate. The petition states that Rana got her certificate validated fraudulently from the Caste Scrutiny Committee by providing them with fabricated documents, to be within the eligibility criteria of filing the nomination.

The HC held that Ms. Ranaā€™s claim of belonging to ā€˜Mochiā€™ caste for obtaining the Scheduled Caste certificate was fraudulent and was made with the intention of obtaining various benefits available to a candidate from such category, despite knowing that she is committing a fraud.

After proper investigation on the matter, a division bench of Justice R.D. Dhanuka and Justice V.G. Bishth directed Rana to surrender the caste certificate within six weeks. The court has further ordered her to pay Rs. 2 lakh, imposed on her as a fine to the Maharashtra Legal Services Authority within a 2 week period.

-Report by Anuj Dhar

The Jaspal Singh Gosain versus CBI case, otherwise called the Ranbir Singh counterfeit experience case, is a criminal case in the Uttarakhand province of India, that occurred on 3 July 2009, and included fake encounter killing of Ranbir Singh, a 22-year-old MBA graduate in Dehradun.

18 cops of the Uttarakhand Police were sent up for preliminary investigation after the murder of the Ranbir Singh. Delhi court sees seven of them as liable of homicide, 10 of them of criminal conspiracy and kidnapping to murder and another is indicted for destruction of proof.

The Delhi High Court, in 2014, affirmed the conviction for the offences of the cops under Sections 302 (Punishment for Murder) and 364 (Kidnapping or stealing to kill), read with Section 120-B (Criminal Conspiracy) IPC. The Supreme Court on June 8th, heard the bail plea of one of the police officer serving life imprisonment for the 2009 fake encounter in Dehradun for murdering a 20-year-old MBA understudy.

The bench relied on the order dated January 13,2021 which said ā€œThe Learned Additional Solicitor General has no objection to release the appellant purely on humanitarian grounds on interim bail.ā€ The Bench allowed the opportunity to the state to record its answer and listed the matter for hearing on next Tuesday.

-Report by Anuj Dhar

The article is written by Faraz Ahmed, a graduate of law from International Islamic University.

Trade relations between India and Pakistan have never been smooth, both the countries have faced ups and downs, hurdles are created to bring the commerce to a halt. Two years back in 2019, Pakistan suspended its trade ties with India after New Delhi imposed direct control over the part of Kashmir India administers and revoked its constitutional status. Pakistan decided to continue the trade boycott until India revives the special constitutional status of Kashmir valley.

Recently, Pakistanā€™s Economic Coordination Committee (ECC) has lifted the 20 months long trade suspension in a very restrictive manner and allowed some private enterprises to import few commodities such as wheat, sugar, and cotton as the country is suffering from food shortages and very high inflation rate. Finance Minister Hamad Azhar stated that lifting trade restrictions is only to cop the soaring domestic prices of commodities and bring the price rate under control. Shortly after the decision, Prime Minister Imran Khan is heavily slashed by the opposition parties for his unanimous decision of partial resumption of trade with India without taking the parliament into confidence as the Kashmir dispute is still lingering on; whereas, PM stated that Pakistan stands firm on its narrative and shall not resume the trade until New Delhi revives the special constitutional status of Kashmir.

On the other side, India has shown willingness to resume trade with Pakistan and placed the onus of restoring trade ties on Pakistan since the latter had unanimously suspended the bilateral trade relations. Minister of state for commerce and industry Hardeep Singh Puri has stated that India desires normal relations, including trade with all countries, including Pakistan. Pakistan unilaterally suspended bilateral trade with India in August 2019. It is for Pakistan to review its unilateral measures on trade relations.

The Indo-Pak trade relations are not new and have not been the same always. At some point in time, these bilateral relations were at their peak as well. After both countries got independence from their colonial father- the British- signed a general treaty on trade GATT (General Agreement on Tariffs and Trade) on October 23, 1947. Founding fathers of both the countries have envisaged amicable relations between the two nations. M.A. Jinnah, the founding father of Pakistan, had a very positive vision for Pakistan-India relations. He believed that the two states would co-exist in peace and harmony like the United States and Canada. However, situations didnā€™t turn out to be favorable for these neighboring countries. At first, forced cross-border migration from both sides resulted in communal violence, and tragically over a million of the 14.5 million who decided to move in either direction lost their lives. Additional to this bloodshed and mayhem, the annexation of princely states particularly, the dispute over Jammu and Kashmir created deep suspicions, and over the years this issue has remained the hindrance between Indo-Pak trade ties that are contingent upon resolving this outstanding issue.

Despite these territorial conflicts, the political leadership of both countries has kept the trade and economic issues separate from politics. In 1948ā€“49, Pakistanā€™s exports to India accounted for 56 percent of its total exports, while 32 percent of Pakistanā€™s imports came from India. The two countries were trading normally during this turbulent period. India was Pakistanā€™s largest trading partner, and this continued to be the case until 1955ā€“56. Between 1948 and 1965, Pakistan and India used several land routes for bilateral trade. These included eight customs stations in Punjab province and three custom check posts in Sindh. Pakistan and India, invoking Article 24/paragraph 3(a) of GATT, even signed a bilateral agreement on December 22, 1957, to facilitate border trade. From 1947 to 1965, Pakistan and India entered into 14 bilateral agreements related to trade facilitation. These agreements covered avoidance of double taxation, trade in goods, food items, trade facilitation, border trade, air services, and banking. An example of amicable relations between these two nations is present when Pakistan exported grain from Sindh to deficit provinces of India, and India exported flour to East Pakistan. Both Pakistan and India had bank branches in each otherā€™s countries. In 1965, there were nine branches of six Indian banks operating in Pakistan. Pakistanā€™s Habib Bank had a bank branch in Mumbai.

In the year 1965, all things changed abruptly. The unresolved Jammu-Kashmir conflict had resulted in a war between the two nations. Customs officers at Wagah post near Lahore became the first civilian prisoners of war, and banks in both countries were seized as enemy properties. This time trade and economic ties could not last and become the casualty of war. There was a trade embargo between India and Pakistan after the war of 1965, and it continued till 1974. During this period, several efforts were made to revive the trade, but nothing tangible could be achieved.

In 1972, the Simla Agreement was signed between Pakistan and India. Under this agreement, trade resumed on a limited scale in 1974. Both countries worked on positive lists, which expanded incrementally over the years. In November-December 1981, Pakistan joined the Delhi International Trade Fair. Thereafter, the exchange of trade delegations between the two neighbors occurred in quick succession. In June 1983, a Joint Business Commission was constituted, with the leading objective to accelerate the decision-making process on matters seeking government approval and suggesting new items for bilateral trade. In 1986, India and Pakistan became signatories to the final document of the South Asian Association for Regional Cooperation (SAARC) which committed itself to promote the welfare of the people of South Asia. In July 1989, Pakistan agreed to import 322 Indian items. The installation of the Nawaz Sharif Government in 1991 also boosted Indo-Pak trade, and trade touched Rs. 5225.9 million in 1992-93 from Rs.1680.9 million in 1990-91. South Asian Preferential Trading Arrangement (SAPTA), concluded in December 1995, introduced an integrative trading arrangement in the region. At the end of three rounds of trade negotiations, a total of 5550 tariff lines had been included for tariff concessions. In 1996, India accorded Most Favored National (MFN) status to Pakistan. In the same year, Pakistan increased its positive list to 600 items that may be imported legally from India. In 2003, Pakistanā€™s Prime Minister announced the inclusion of another 78 items to the positive list. Most of the permissible items include chemicals, minerals, and metal products. Commodities such as cardamom and tea still have high tariffs. In 2003, Indiaā€™s trade complementarity index (TCI) was 50 percent, while Pakistanā€™s TCI with India was only 14 percent. Indiaā€™s TCI with Pakistan was highest in 2007, and Pakistan enjoyed the highest TCI in 2010, thus improving its complementarity with India. In March 2006, during the 3rd round of Composite Dialogue process discussions, both countries agreed to discuss the new shipping protocol, the deregulations of air services, the joint registration of basmati rice, an increase in the size of Pakistanā€™s positive list, proposals for information-technology-related medical services and export insurance by India, and work on a memorandum of understanding for cooperation in capital markets by Pakistan. In November 2011, during the 6th Round of Commerce Secretary Level Talks at New Delhi, both countries agreed to develop mechanisms to address issues of Non-Tariff Barriers. The two countries initiated three agreements i.e., Customs Cooperation Agreement, Mutual Recognition Agreement, and Redressal of Trade Grievances Agreement. In November 2011, Pakistan decided to grant the Most Favored Nation (MFN) status to India to boost bilateral trade.

While concluding my write-up, I must say that both countries have the right opportunity to end their past tensions and move forward with new hopes and aspirations to build an economically powerful bilateral relationship. Both countries should create an atmosphere of peace to boost trade. Investment and major ventures can take place in a big way if both sides can create an enabling political environment of peace, trust, and confidence. The major beneficiary of this bilateral trade is the consumer who receives the products at low costs as the production cost of goods is very low.

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About Yearlater:

Turning the car into the next-generation smart device requires combined forces right from the start. One driver of change are the automotive engineers, who are constantly opening up innovative forms of mobility with new technologies. Similarly important are the computing experts who are pushing the boundaries of mobility through digital transformation. Never before have both these drivers of change been so effectively united in a single company. At Year Later automobiles and digital literacy are equally at home with each other.

Perfect practice make you perfect. Our internship program to fresh Graduates as well as law students offers a bright opportunity to learn the practical aspect of law to help you understand the kind of work we offer.

Roles & Responsibilities:

Trademark and Copyright Legal Research

Eligibility:

Proficiency in writing and spoken English, Should have basic knowledge in IPR, Willing to Intern for at least 2 month

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Ā Vanshika Samir, the author of this article, is a first-year student at the Rajiv Gandhi National University of Law, Punjab. The article revolves around the issue of child sexual abuse and the concerned legal provisions in India.

INTRODUCTION

India is the world’s second-most populous country, with 430 million youngsters accounting for 42 percent of the country’s overall population. 50 percent of the whole population of children is under care and protection, which includes protection from child sexual abuse. Rape, sexual harassment, and other forms of child sexual abuse have become a major concern in India. Millions of boys and girls are sexually assaulted by relatives or known people both within and outside their families. Children in India are supposed to obey and respect others without questioning what they do. Child sexual abuse has a greater impact in India than in any other country on the planet. Child Sexual Abuse (CSA) is defined as a sexually motivated mental or physical assault on a kid by a person in a position of authority and trust over the child. Indian legal provisions do not provide for an exact definition of child sexual abuse. Various sexual crimes constitute offences against children. Children are traumatized not only by child sexual abuse but also by the law because they are uninformed of the crime. The futures of children are compromised as a result of the trauma they are experiencing.

The concerned legal provisions and their application

In India, there was no proper legal framework for dealing with child sexual assault until 2012. Sections 354, 375, 377,509 of the Indian Penal Code, 1860, previously protected sex offences against children. As per Section 354(5), ā€œAssault or criminal force to a woman with the intent to insult her modestyā€.[1] Rape is dealt with in Section 374.[2] Anyone who seeks to offend a woman’s modesty through word, gesture, or act is charged under Section 509 of the IPC,[3] whereas unnatural offence is dealt with under Section 377 of the IPC.[4] The Young Persons (Harmful Publication) Act of 1956 deals with pornography.[5] It was in the year 2012, that the Protection of Children from Sexual Offences Act (POSCO) was passed by the Indian Parliament in 2012.[6] The domain of this act is strictly limited to victims below the age of 18 years. POCSO Act is gender neutral. As per Section 19(1), it is mandatory to report sexual offences committed against children below 18 years.[7] Also, the act enlists the sexual crimes against individuals aged below 18 years. Section 3 of the POSCO Act states: ā€œA person is said to commit ā€œpenetrative sexual assaultā€ if (a) ā€œhe penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a child or makes the child to do so with him or any other personā€; Since the words ā€œany other personā€ are used in Section 3(a), women may also be offenders or victims under the second part of Section 3(a)ā€.[8] The consent of the child is not relevant in cases under POCSO Act. The act provides for protection of minors during the entire judicial process. It provides for a speedy settlement of the dispute and seeks strict maintenance of confidentiality during camera recording.

The POSCO Act was passed to make offences like child rape, sexual assault, sexual harassment, and pornography involving a child (under the age of 18) illegal. The law demands the establishment of Special Courts to expedite trials in cases of child sexual abuse. POCSO’s passage was undeniably a significant step forward in ensuring children’s rights. The POSCO Act imposes harsh penalties that are tiered according to the severity of the offence. [9]The penalties range from minor infractions to lengthy incarceration. There is also a provision for a fine, which the Court will decide. When a person in a position of trust or authority over a child commits an offence, it is considered aggravated. The Honorable Delhi High Court in the case of State vs Pankaj Choudhary[10] prosecuted the accused only for outraging the modesty of a woman for digital penetration of the anus and vagina of a 5-year-old child because digital penetration was not recognized as an offence under the Indian Penal Code. The judgement was made prior to the passage of the POSCO Act. Under POCSO Act, after provision concerning penetrative sexual assault has been added, there is a considerable increase in the protection of children. In another case, referred to as Tuka Ram and Anr. v State of Maharashtra.[11] Here, a young tribal girl was raped by two police officers. The session court decided that she had given her permission, shedding light on India’s rape laws. Later, the Bombay High Court concluded that while the justices of the session court distinguished between rape and sexual intercourse in their verdict, they failed to distinguish between consent and passive submission.[12] This case is therefore considered historic from both a social and legal standpoint, as it caused massive protests and public uproar for the first time in India for large-scale rape cases, and led to numerous improvements in Indian rape law through the Criminal Law (Second Amendment) Act, 1983. It should be noted that POCSO Act is often misused by individuals. It is observed by various courts in different judgments that any attempt to utilize the Protection of Children from Sexual Offenses Act (POCSO Act) to settle a score with an opponent must be stopped.

Conclusion

Only a small number of incidences of child sexual abuse are recorded. Other victims do not even tell their parents about their ordeal. The feeling of silence and shame that defines cases of child sexual abuse is the toughest aspect. Youth must be shielded against the harmful effects of child sexual abuse in order to overcome them. It’s critical to apprehend the perpetrators of sexual assaults on Indian children. The growing threat of child sexual abuse has spread beyond the home to places that are tasked with safeguarding the interests of children, such as Juvenile Justice Homes. Child sexual abuse is shrouded in secrecy. It is critical that the child’s parents and guardians become aware of the condition and comprehend its severity. It is equally critical for parents to provide a safe atmosphere for their children and to teach them how to defend themselves against sexual assault.


[1] Pen. Code Ā§354(4).

[2] Pen. Code Ā§374.

[3] Pen. Code Ā§509.

[4] Pen. Code Ā§377.

[5] Young Persons (Harmful Publication) Act, No. 93, Acts of Parliament, 1956(India).

[6] Protection of Children from Sexual Offences Act, No. 32, Acts of Parliament, 2012(India).

[7] Protection of Children from Sexual Offences Act, Ā§19(1), No. 32, Acts of Parliament, 2012(India).

[8] Protection of Children from Sexual Offences Act, Ā§ 3, No. 32, Acts of Parliament, 2012(India).

[9] Priya Jagdeesh, Child Sexual Abuse and the Law in India, http://www.legalserviceindia.com/legal/article-809-child-sexual-abuse-and-the-law-in-india.html.

[10] Delhi High Court Order dated August 17, 2011 in Crl. Appeal No. 813/2011

[11] Tuka Ram and Anr. v. State of Maharashtra, AIR 1979 SC 185

[12] Ibid.

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AB InBev India is looking to hire Senior Manager – Legal for its Legal & Compliance Function based out of Bangalore.

Primary Purpose of the role

Responsible for dispute resolution, work with compliance team on sensitive cases, manage external stakeholders, ensure adherence to new laws and regulations. The role requires to attend and arrange board meetings and ensure legal requirements are fulfilled.

Key Tasks & Accountabilities

  • High stake disputes resolution, working closely with compliance team on sensitive files
  • Route to Market advisory, label registration, engagement of CISPs
  • Management of relationship with external stakeholders, adherence to new laws and regulations
  • Resolving legacy issues in license framework, advising marketing and trade marketing for sustainable Marketing practices, training Sales and working closely with Sales on anti-trust commitment
  • Create the Litigation blueprint roadmap for BU India
  • Management of Legal Budget/ ZBB priorities
  • Compliance of all company-related laws such as the Companies Act, 2013 and all other allied laws that may be applicable to the Company
  • To arrange with and hold meetings of the board and to prepare a correct record of proceedings
  • To attend the board meetings in order to ensure that the legal requirements are fulfilled and provide such information as are necessary
  •  To prepare agenda for board meetings, notice and explanatory statements of General meetings
  • Preparing and maintenance of minutes of directorsā€™ meetings and general meetings
  • Ensuring all statutory forms are filed promptly
  • Interaction with Internal and Statutory Auditors

Required Knowledge, Skills & Attributes

Education & Experience

  • Minimum 5-7 years relevant experience with a multinational AlcoBev company or international consultant firm in India
  • Bachelor degree in related major/ LLB, specialized in Compliance and an international masters in law is desirable

Skills & Knowledge

  • Fluency in English is essential, with exposure to a multinational desirable
  • Strong interpersonal skills and communication skills with an ability to work with all functional and business partners
  • Reliable with a strong sense of integrity and compliance
  • Able to work independently

Personal Attributes

1. High energy

2. Solution-oriented and positive attitude

3. Exceptional customer orientation

4. Fast-mover, quick to adapt

5. Flexibility and resilience in a fast-moving environment

6. Integrity and professionalism

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PiChain is a RegTech firm helping banks, financial institutions, and Fintechs attain sustainable compliance. We develop DeepTech systems leveraging technologies like AI and Blockchain to solve complex compliance problems and automate the whole compliance process.

Roles and Responsibilities:-

  • Working with functional leaders and stakeholders across the business to deliver the required agreements.
  • End-to-end responsibility in contracts i.e, Drafting them, negotiating with 3rd party along with the business team, executing, filing, and tracking obligations.
  • Providing necessary assistance to the CEO & Head of Operations wherever required and also in preparation of legal opinions, studies, reports, and correspondence, as required from time to time.
  • Providing in-depth legal advice to the business teams on legal aspects on various issues that may arise from time to time.
  • Should engage and liaise with external legal counsels and attorneys.
  • In-depth knowledge of contracts law, IP laws, corporate law, labour laws.
  • Relevant knowledge on licensing and partnering and other forms of business development.
  • Good business orientation, reasoning, and interpretation, problem-solving skills
  • Cross-functional interactions with operational teams, verticals, and group.

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About Dunzo

Dunzo is a 24×7 delivery app that makes your city more accessible by getting the best of it at your doorstep. You can order grocery, food, medicines, send packages within the city or even use Dunzo to commute from one place to another. Currently operational in Bangalore, Pune, Gurgaon, Hyderabad, Delhi, Chennai, Mumbai and Jaipur.

What youā€™ll do

  • Lead the fundraise transactions end-to-end and provide advice to cross-functional groups in connection with deal execution.
  • Draft and negotiate – Term Sheets, NDA, Share Purchase Agreements, Share Subscription Agreements, Shareholders Agreements, and other transaction-related documents.
  • Ability to work collaboratively with investorā€™s counsel, cross-functional teams and external counsels.
  • Advice on corporate restructuring and M&A transactions including acquisitions, mergers, cross border mergers.
  • Manage due diligence process.
  • Provide legal advice on a broad range of general corporate matters, as needed.
  • Independently drafting, reviewing and negotiating contracts for various business lines including marketplace, technology, logistics, SAAS, procurement and other day-to-day business contracts.
  • Advising the business on legal matters associated with commercial operations. Ability to anticipate issues and estimate risks strategically, identify proactive solutions that will eliminate or mitigate risks and achieve business objectives.
  • Advice on new business initiatives and work with the leadership to solve business issues in a legal manner.

Qualification & Skills:

  • Well-versed with FDI Regulations and Corporate Laws.
  • A lawyer with business acumen.
  • 5-7 years of experience as in-house counsel or a leading law firm (Candidates with prior in-house experience in the e-commerce ecosystem would be preferred).
  • Should have hands-on experience in documentation, and involved in private equity investments and debt financing.
  • Candidates must be able to work in a very fast-paced environment.

Behavioral and Analytical:

  • Possess strong analytical skills to resolve problems.
  • Always professional.
  • Honest in every situation.
  • Consistently cooperative.
  • Serves others at any opportunity.
  • Displays team spirit, seeking to be a positive and cohesive influence.
  • Consistently punctual and genuinely reliable.
  • Demonstrates good stewardship of time and resources.

Leadership Traits:

  • Acts with strategic agility.
  • Drives ownership and high performance.
  • Delivers value and results.
  • Quick decision-making.
  • Mobilizes action.

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About MyAdvo.in

MyAdvo’s mission is to Make Legal Simple for everyone. MyAdvo aims to disentangle the complexities of legal machinery by creating an efficient and transparent system. With participation of legal professionals from all-over the country, MyAdvo wishes to create a consolidated platform which provides accessibility, sharing of knowledge and cost-effectiveness. MyAdvo is a legal-tech company that connects clients to lawyers. With a lawyer network of over 7500 across 300+ cities and 5 countries, MyAdvo curates the data of best in the industry through rigorous background checks on each lawyer on-boarded. Dedicated case managers provide customer service via regular case updates. Visitors get access to well-curated legal content contributed by top lawyers, journalists, and law-enthusiasts. Following a structure of fixed-fee based price transparency, MyAdvo helps clients understand their legal situation and make better and more informed legal choices.

MyAdvo.inĀ isĀ #hiringĀ for the role of a Legal Intern.
If you are interested to join the most dynamic teams in the Legal Tech community, you can email your resume toĀ himangi@myadvo.in

The role of the intern would be:

  • Write Legal Blogs for the website
  • The individual should be proficient with legal research
  • The candidate must have excellent verbal and written communication skills
  • The candidate should be proficient with the usage of plagiarism tools and Ms Word

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