Month: July 2021

What are Disingenuous Advertisements?

An advertisement is a promotional tool used by producers/sellers in order to announce and make known to the people about their product. It is a promotional tool through which information about the product is broadcasted and reaches the potential buyers of the product/service. Many buyers make their decisions of buying a particular product or hiring a particular service on basis of the information they derive from these advertisements.

A disingenuous advertisement is an advertisement that is not sincere or an advertisement that is not straightforward. Therefore a disingenuous advertisement can be understood as an advertisement that is misleading and dishonest. 

According to Section 2(28) of the Consumer Protection Act, a misleading advertisement is one:

• Which describes the product or service falsely. This means that the description of the product in the advertisement does not match the actual product. 
• Which is likely to mislead the product, that is, it may confuse the consumers with respect to the description, use, quality, quantity, etc. of the product.
• That makes a representation, which, if made by a manufacturer or seller shall amount to unfair practices.
• Hides important information which may affect the buying decisions of the consumers.

Some examples of disingenuous advertisements are:

• Falsely advertising diesel cars as environment-friendly cars.
• Advertising an energy drink as some super drink/tonic.
• Stating that their shoes help in losing weight.

Disingenuous advertisements can thus lead to harm to the interests of the consumers as one who makes their decisions on such advertisements is surely being misled. 

Therefore, in order to protect the interests of consumers, several provisions have been brought into effect in order to make sure that the interests of the consumers are protected.

Consumer Protection Act, 2019

The Consumer Protection Act, 2019, as the name suggests, is an act that had been brought into effect to protect the interests of the consumers and for the establishment of authorities and offices for effective and efficient consumer grievance redressal. It has provided several provisions which prevent misleading advertisements and also provide for simplifying the grievance resolving procedure. 

Misleading advertisements are classified as unfair trade practices and Section 89 of the act provides for penalty and punishment for indulging in such practices.

According to Section 89, anyone who is guilty of indulging in the unfair practices of misleading advertisements shall be liable for a penalty exceeding up to Rs. 10 lakhs and imprisonment up to 2 years. For a subsequent offence of the same nature, one shall be liable for a fine extending to Rs. 50 Lakhs and imprisonment exceeding up to 5 years.

Section 10 provides for the establishment of a Central Consumer Protection Authority. This section states that the government shall ensure the establishment of a Central Authority for the protection of the interests of the consumers. It would deal with matters like a violation of consumer rights, false misleading advertisements and unfair practices. Therefore the Central Consumer Authority is the authority established by the government for matters relating to misleading advertisements.

Section 16 provides for the power of the District Collector. The District Collector can investigate matters relating to misleading advertisements and after thorough investigation submit the report to the Central Consumer Protection Authority.

Section 17 relates to the above provision as it states that any complaint about unfair trade practices/ misleading advertisements that have been made to the Central Consumer Protection Authority can forward those to the District Commissioner for investigation.

Section 18 provides the powers and also the functions of the Central Consumer Protection Authority . Section 18(1)(c) states that the Central Consumer Protection Authority  shall ensure that no misleading advertisements are made that are in violation of the rights of the consumers and regulations provided under this act.

Section 39(1)(l) provides that if the claims of misleading advertisement have been proved after sufficient investigation and trial, they shall order for a corrective advertisement at the cost of the responsible party to be issued. This is done so that the misleading effect caused by such disingenuous advertisement is neutralized.

According to Section 19(1), the Central Consumer Protection Authority has the power to direct the District Commissioner to conduct an investigation on matters which relate to a violation of consumer rights, unfair trade practices or misleading advertisements. Such an investigation may be done on receiving directions from the Central Government or own the Central Consumer Protection Authority’s own motion. They shall first conduct a preliminary inquiry and if they’re satisfied that a case of misleading advertisements exists, they shall order a complete investigation.

The Central Consumer Protection Authority can issue directions and penalties for misleading advertisements by virtue of Section 21. 

1. When the Central Consumer Protection Authority is convinced that the advertisement in question is misleading, they shall order/direct the trader/manufacturer to stop the broadcast of that advertisement. They may also ask him to modify the advertisement so as to make sure it’s not misleading.
2. If the Central Consumer Protection Authority feels that a penalty is necessary, a penalty exceeding Rs. 10 Lakhs shall be imposed. In case of a subsequent offence of the same nature, a penalty exceeding 50 Lakhs shall be imposed.
3. The Central Consumer Protection Authority may also prohibit the endorser from the endorsement of any product/service for a period of one year. In case of subsequent violation, the Central Consumer Protection Authority may prohibit the endorser from endorsing any product or service for a period extending to three years.
4. The Central Consumer Protection Authority shall impose a penalty of Rs. 10 Lakhs to the publisher of such advertisement.
5. If the endorser of such product has exercised due diligence in order to verify the facts which have been stated in such advertisement, they shall not be liable under subsections (2) and (3).

Conclusion

Disingenuous or misleading advertisements are a form of unfair trade practices. Such advertisements are prohibited by The Central Consumer Protection Authority which has been established in order to protect the interests of the consumers. In case a manufacturer or trader does indulge in such practices, the Consumer Protection Act, 2019 provides for the powers and procedure for an action to be brought against such endorsers.

The author is Om Gupta, a first-year law student pursuing BBA-LLB from the University School of Law and Legal Studies.

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UN guidelines on consumer protection are a set of guidelines which lays down the basis on which consumer protection legislation, enforcement institutions and redress system should be established. These authorities so formed should make and enforce laws, rules, and regulations suitable according to their social, economic, and environmental circumstances present in the member state. 

These guidelines were firstly on general assembly by the member states in the year 1985 then later expanded by the Economic and Social Council in Resolution of 26th July 1999 and recently revised by the general assembly in 22nd December 2015. These 2015 revised guidelines are made keeping in mind the developing countries and sustainable development goals. The UN further extended its assistance to member countries in framing and enforcing consumer protection laws. 

Consumer rights include the Right to be informed, which means that the consumers have the right to be informed about the product quality, purity, standard, etc. to protect them from unfair food practises such as adulteration, dilution, etc. The right to be protected can also be known as the right to safety which means consumers have the right to be protected against marketing or promotion of goods and services which are hazardous to life and property. Right to be assured. Right to be herd which means consumer’s interests will get due consideration and attention on competent platforms. And right to redress means the right to approach a competent forum to get compensated or damages for any misconduct or violation of the abovementioned rights. 

Why is it Important for the UN to make rules on Consumer Protection?

This can be understood in 3 parts: firstly to promote sustainable development, Secondly to assist member nations by providing basic guidelines based on which they can frame laws. And the third point is closely related to the second point that is to promote economic growth and reduce poverty. According to the United Nations, consumer protection plays a vital role in reducing poverty and in promoting economic growth. 

United Nations aims to guard human rights. Consumer protection is one of the basic human rights which guards a consumer against hazardous products, adequate information, uninformed choices, and ineffective redress. It prevents abuse of consumers, makes them empowered, and works towards their welfare. It is beneficial not only to consumers but also to the players in the market i.e. companies by leveling competition and equalizing the playing field. These companies have to comply to the same guidelines provided by UNCTAD.  

Objectives 

To avoid unsustainable patterns of production and consumption. Directing both companies as well as countries. Unsustainable patterns of production lead to deterioration of the global environment. 

To regulate global trade (exports and imports) by maintaining a minimum standard of goods beneficial and safe for consumers all around the globe.

To assist countries in reaching their economic goals and to assist countries in preparing their legislation on consumer protection.

To promote a high level of ethical conduct for the manufacturers, producers, companies, etc. 

Three voluntary peer reviews have been conducted by the UN to support their plan, to formulate and keep a check on member nations upon the working of model consumer protection guidelines. 

The united nations had assisted many countries in framing their policies on consumer protection and by providing countries with their world-class expertise to frame and implement laws on consumer protection. It continuously monitors and obtains feedback on working and implementation of consumer protection laws among the member countries to further improve its action plan and to move closer towards its objectives of creating a better world. Still, the consumer is not fully protected, for example during the covid 19 pandemic consumers were exploited by the health sector where they hiked the prices of life-saving drugs, healthcare services, etc. Other sectors too had abused advertising and placed their product wrongly in front of consumers. Overall the companies from different sectors had violated consumer protection guidelines formulated by the UN in some or other way. This has actually put a check on the implementation of consumer protection laws around the world and had occluded the path of the UN in achieving sustainable consumer protection and creating a better world for humans.

The UN had made some recommendations to the government of countries to protect consumers and take action against violators. Some of these recommendations are market monitoring initiatives, price capping on life-saving drugs, attend the needs of disadvantaged consumers, etc.    

The consumer protection guidelines not only supplement consumer protection but also focus on competition. An intergovernmental group of experts on competition law and policy has been formulated by UNCTAD. The group meets and discusses each year ways of improving cooperation on competition policy implementation. Consumer protection and competition are interrelated and to regulate consumer protection is to curb and control competition. Corporations to overcome competition can take harsh steps which may be harmful to consumers. Such harmful steps might include unfair trade practices, wrong sales promotion, etc. This might harm consumers directly, but their implications are indirect therefore the UN tries to regulate competition to achieve consumer protection.

 The UN has diverse member countries including developed, developing and non-developed nations. As far as developed nations go, they have a well-settled framework for consumer protection. Developing and underdeveloped countries’ consumers are the most vulnerable like some countries of Africa, Asia, Latin America. So, considering this the United Nation’ model action plan is prepared to achieve a better standard of living for consumers and a fair playground for the global multinational companies.      

This article is written by Aakarsh Chandranahu, a student of Alliance School of Law.  

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Abstract

The moment a person comes into this world, he starts consuming goods or services. When we approach the market as the consumer, we expect not to be cheated or harassed by unscrupulous suppliers. In this article, the author defines unfair trade practices with the help of the Consumer Protection Act, 2019. The author also explains how the aggrieved consumer can get remedies and cites some cases  

INTRODUCTION 

The Government of India understood the need to protect the consumers from being cheated by suppliers. Several laws have been enact for this purpose. The Indian Contract Act, the Prevention of Food Adulteration Act, the Dangerous Drugs Act, the Sales of Goods Act, the Indian Standards Institution (Certification Marks) Act, etc., are remedial acts for aggrieved consumers. However, these laws involve a lengthy legal process which is very expensive and time-consuming because the consumer has to initiate action by way of a civil suit.

The Consumer Protection Act, 1986 was enacted to provide quicker and simpler access to redressal of consumer grievances. The Act provided machinery to aggrieved consumers. But the consumers have undergone a drastic transformation since the enactment of the Consumer Protection Act, 1986. Therefore, it has become inescapable to amend the Act to address the emerging vulnerabilities of the consumer. The CP Amendment Act, 2019 establishes an executive agency known as the Central Consumer Protection Authority. The task of prevention of or acting against unfair trade practices is vested in it.

What Are Unfair Trade Practices?

Under Section 2 (1) (r) of Consumer Protection Act, “Unfair Trade Practices” means a trade practice which, to promote the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or deceptive practice including any of the following given below, namely-

• False or Misleading Representation-

Forms of false or misleading representation

1. When represents falsely  the goods are of a particular standard, quality, quantity, grade, composition, style, or model.
2. When falsely represent that the services are of a particular standard, quality, or grade.
3. When falsely represents any re-built, second-hand, renovated, reconditioned, or old goods as new.
4. When acts that the goods or services have approval, performance, characteristics, sponsorship, uses, or benefits they do not have.
5.  Represents that the supplier or the seller has compliance which such supplier or seller does not have.
6. Make misleading or false representations concerning the needs or the usefulness of any goods or services.
7. When gives the public any guarantee or warranty not based on the adequate or proper test.
8. When makes the public a misleading representation in a form that purports to be warranty or guarantee, a promise to replace, etc.
9. When false or misleading claims regarding the price of goods or services.
10. When false or misleading facts disparaging the goods, trade of another person, or services.

• Bait Advertising and Bargain Price

When an advertiser permits the publication of any advertisement for the sale or supply at a bargain price of goods or services without intention to offer amounts the unfair trade practices

• Conducting Promotional Contests and Offering Gifts and prizes

Offering gifts is a promotional stunt used to attract customers. Made an advertisement on a gift or prize without the intention of performing or creating the impression that something has been given or offered free of charge when it is wholly or partly covered by the amount charged, the transaction as a whole amount to unfair trade practices. 

Prohibits any contest, lottery, game of chance, or skill for directly or indirectly promoting sales or any business interests.

The amendment act of 2002 added a new sub-clause 3(a) in section to include withholding of any information about final results of any scheme offering gifts, prizes, or other items to enlarge the definition of unfair trade practices.

• Product Safety Standards

When permits the sale or supply of goods, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority amounts to unfair trade practice.  

• Hoarding and Destruction Of Goods

When if by permitting the hoarding or destruction of goods, or to make them available for the sale or refusal to sell the goods, or to provide any service, tends to raise or intended to raise the cost of those or other similar goods or services, amounts to unfair trade practices

• Spurious Goods

The amendment act of 2002 added this clause to include manufacturing spurious goods or offering such spurious goods for sale or adopting deceptive practices in the services, which amounts to unfair trade practices.

• When seller is not issuing bill or receipt or cash memo for the goods sold or services rendered in such manner as may be prescribed amounts to unfair trade practices.
• Refuse to take back or withdraw defective goods and to refund the consideration
• Disclosing any personal information to the third person of the consumer amounts to unfair trade practices.

Redressal against Unfair Trade Practices under the Consumer Protection Act

• Consumer Disputes Redressal Agencies

The CP Act provides for three-tier Consumer Disputes Redressal Agencies.

1. At the district level, DCDRF – if the value of claims is up to 20 lakhs.
2. At the state level, SCDRC- if the value of claims exceeds 20 lakh but within one crore.
3. At the national level, NCDRC- if the value of claims exceeds one crore.

• How to File a Complaint?

1. The consumer can file a complaint on plain paper.
2. For declaration, stamp paper did not require.
3. The complaint should contain the details of the complainant and the opposite party.
4. The consumer can file a complaint by himself or through his representative. Engaging a lawyer is not compulsory. 
5. According to the value of the claim, the fees charged.

• Reliefs available to consumers from consumer Forums

1. Either removal of defects from the goods or replacement of the goods.
2. To withdraw hazardous goods from sale.
3. To desist from offering services that are hazardous and to cease manufacture of such goods.
4. To issue corrective advertisements to neutralize the effect of misleading advertisements.
5. Award compensation for the loss or injury suffered by the aggrieved consumer.

Some Famous Cases of Unlawful Trade Practices

• In HMM Ltd. Case

In this case, HMM Ltd. manufactured and marketed Horlicks advertised a scheme called Hidden Wealth Price Offer. In this scheme, if any lucky purchaser from Delhi found any coupon inside the bottle of Horlicks. Coupons contain prizes of five hotline color Television and other cash prizes.

The commission held this scheme under unfair trade practices as getting coupon is nothing but a lottery system. But the Supreme Court concluded that the coupons inside Horlicks bottles were not a lottery.

• In Panasonic India Private Ltd. Case

In this case, Panasonic has launched a contest in which a person had to buy a Panasonic Television to enter the prize contest. The first prize winner has a chance to witness the Winter Olympics trip for two persons. The second prize was two Mini Hi-Fi systems with five CD Chargers, and the third prize was three Panasonic G-400 cellular phones with 500 consolation prizes. 

• Mantra Oil Products Private Ltd. v Oriental Insurance Corporation 

In this case, the complainant alleged that he had booked a tractor with the respondent by depositing advanced money. But respondent delivers to others on a pick and choose basis and postponed the delivery to the appellant. Meanwhile, the price of the tractor goes up. The appellant received the tractor at an enhanced rate and suffered a loss. The respondent was held liable.

• Ravinder Rai v Competent Motors Corporation Private Limited

In this case, the court held that if there is a delay in delivery because of the imposition of newly enhanced exercise duty, it is not unfair trade practice.

• Buddhist Mission Dental College and Hospital v. Bhupesh Khurana 

In this case, the court held that misrepresentation by a college about its affiliation with a university is an unfair trade practice.

Conclusion

Before purchasing any goods, should insist on getting all the information about the product or services because ignorance of consumers is mainly responsible for their exploitation especially in rural areas .Consumers should ideally purchase quality marked products such as ISI, AGMARK. The consumer should know their right and must exercise them. This awareness will enable them to desist from being prey to unfair trade practices. 

Bibliography

• https://gama.gov.in/ConsumerAwareness.aspx#:~:text=Means%20right%20to%20seek%20redressal,complaint%20for%20their%20genuine%20grievances.
• http://ncdrc.nic.in/bare_acts/1_1_2.html
• https://consumerhelpline.gov.in
• The Consumer Protection Act,1986
• Aggarwal, V.K. Law of Consumer Protection, New Delhi, 2016
• The Consumer Protection Ammendment Act, 2019

This article is written by Megha Patel, a 2^nd year Law Student at the Mody University of Science and Technology, Laxmangarh, Rajasthan.

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On Friday, the government of Maharashtra opposed the bail request of activist Sudha Bharadwaj, who was arrested in the Elgar Parishad case of the Mumbai High Court, arguing that he lacked the right of the lower courts. The accusation of jurisdiction is wrong. Sudha Bharadwaj, who has been detained since September 2018, applied for bail because the court hearing the prosecution was initially not authorized to do so.

Advocate General Ashutosh Kumbhakoni argued that although the case was referred to under the Unlawful Activities (Prevention) Act (UAPA), the 2020 investigation was taken over by the National Investigative Agency (NIA) of police. The special court only took over the NIA afterward, he said. Until then, the court of appeal in Pune will be responsible, he added.

Special tribunals will be set up under the NIA to “try” matters investigated by the NIA that “do not include pre-trial hearings,” Kumbhakoni said. “The petitioner’s argument is wrong,” confirmed the Attorney General.

A division bench consisting of Judge SS Shinde and Judge NJ Jamadar will continue hearing the petition on July 23. According to Sudha Bharadwaj, the Pune court that arrested her and eight others in police custody in 2018 did not have the power to hear a UAPA case. His attorney, Yug Chaudhry, argued in previous hearings that a trial judge can only take cognizance of UAPA crimes following specific instructions from the district judge.

Police alleged that “incendiary speeches” held at the Elgar Parishad conclave in Pune on January 1, 2018, led to caste violence at the Bhima Koregaon Breed Memorial in the district, and the conclave was supported by Maoists. Activist Stan Swamy, arrested in the case last year, died in hospital earlier this month.

-Report by MANASWA SHARMA

Context of the Role

TerraPay is a licensed digital payments infrastructure and solutions provider, paving the global payments highway. The company’s robust foundation and innovative platform technology serve as the digital interoperability engine enabling customers and businesses globally to send and receive payments on a secure, transparent, efficient, and real-time basis. The agile network supports diverse payment instruments and types of payments while adhering to complex regulations and compliance standards in different markets.

We are a high growth company, and work on some of the most novel legal, commercial, and regulatory puzzles. We seek an Attorney experienced in the Debt and Capital markets (payments experience is a bonus) to join our Legal team, based out in India. 

You will need to be a self-motivated and confident team player, ready to take on projects and challenges. Working directly with Head- Legal, this position requires you to demonstrate a high level of professionalism, both with senior executives and internal management and colleagues as well as external partners. 

We offer you an edge to work with a fast growing and versatile global payments leader, in making your mark and creating impact. Be a part of the rich and diverse pool of thought leaders at TerraPay.

Job Description

• Support in all finance, banking, M&A and investment legal work for the company.
• Be responsible for reviewing, drafting and negotiating loan facilities, M&A and investment transactions. The role will offer and require flexibility in dealing with a variety of other types of transactions.
• Counsel business teams on a range of issues including payments and financial regulatory frameworks and market expansion.
• Actively collaborate with a wide variety of teams at TerraPay, including products, partnerships, compliance, and marketing, on a range of issues related to regulatory compliance, product development and commercialization.
• Implementing the legal processes required to effect the corporate procedures.
• Work with all department heads to implement a cohesive legal/commercial strategy
• Help build scalable and effective processes for legal review and launch of products in new markets.
• Manage outside counsel across multiple jurisdictions to ensure timely and knowledgeable support of critical matters.
• Stay up-to-date with the support of TerraPay’s legal subject matter experts on international laws and regulations dealing with financial services and marketing.
• Participate as a proactive business partner to senior managers and build a trusted advisor relationship.
• Collecting information and evidence for management decision making.
• Any other assigned duties.

Requirements

• A law degree- LLB/LLM
• A minimum of 8-10 years of relevant experience in either a law firm and/or in-house legal team, preferably working on the debt and capital market and M&A deals. Experience in regulatory matters in the fintech space is a plus.
• Excellent verbal and written English communication skills – experience to effectively collaborate with various groups and interact with senior stakeholders over email and the telephone.
• Attention to detail
• Experience in Microsoft Office suite (Word, Excel, Power Point)
• Strong interpersonal and analytical skills
• Ability to think independently, challenge status quo, form opinions and make informed decisions
• Ability to anticipate ahead of time and escalate issues as appropriate
• Pragmatic and analytical problem solving skills – the candidate needs to consistently apply sound judgment
• Must be able to maintain a high level of organization skills under pressure
• Successfully meet established deadline requirements – display efficient time management skills

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About iShopAtoZ

With the increasing pace of E-commerce in India we do not want our small businesses to get affected. Therefore we bring iShopAtoZ , a complete E-commerce ecosystem which will allow all local stores to onboard their digital shops and get connected to the customers of this generation. We will allow those local stores to do their business online as well as offline.

We want to empower our people such that they rely on their home country E-commerce ecosystem. People from all cities can join our platform and we will ensure that these technological advancement doesn’t remain limited to Tier 1 cities, instead people from small cities shall also use our services and don’t lag behind.

Our aim is to provide the best service to our customers and to contribute to the growing Nation.

About the job

At iShopAtoZ, we are a professionally managed company and we are creating an E-commerce ecosystem by connecting users directly to the hyperlocal market. This will ensure better connectivity, increased reach and shopping needs of the users can be catered through one single application. 

iShopAtoZ after bridging this gap will be able to create a new ecosystem and impact millions of people.

We are looking for highly motivated individuals who can be part of our success story and to join us as Sr. Legal Manager  and lead the legal functions of iShopAtoZ. You will be a business partner of iShopAtoZ. We are creating a world class team and you can be one of them. This role will be contributing in leasing activities, all kind of contract drafting, vetting, management and repository, IP related matters, license requirements in retail and E-commerce business and dispute/litigation management.

Responsibilities

• Good understanding of State & National laws around employment contract, contract labour, Licensing and Company Laws, IP related matters, License requirements in Retail and E-commerce.
• Overviewing and ownership of contract lifecycle, Communicate and negotiate with external parties (regulators, external counsel, public authority, etc.), creating relations of trust, Draft and solidify agreements, contracts, and other legal documents to ensure the company full legal rights
• Contribute in dispute / litigation management; collaborate with management to devise efficient defense strategies.
• Give accurate and timely counsel to executives in a variety of legal topics (labor law, partnerships, corporate finance, etc.)
• Specify internal governance policies and regularly monitor compliance.
• Research and evaluate different risk factors regarding business decisions and operations
• Apply effective risk management techniques and offer proactive advice on possible legal issues and advising the rest of the organization on legal matters associated with the commercial Operations on need basis.
• Actively participate in risk mitigation and identifying legal issues, providing analysis of legal risks and creating and implementing solutions structured to achieve business objectives

Skills required

• Law Degree from a leading institute with experience of 8+ years as in-house counsel or a leading law firm (Candidates with background from e- commerce or retail industry would be preferred)
• Must have the ability to organize and should be able to perform and deliver in tight deadlines.
• Experience in commercial contracting, technology law and intellectual property law.
• Excellent oral and written communication, highly organized with strong attention to detail, Self-starter attitude, proactive.

How to Apply

Interested applicants can share their resume on career@ishopatoz.com

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About Accord Fintech Private Ltd

Accord Fintech Pvt. Ltd. is an ISO 9001:2015 certified company, set up by a team of professionals with competencies in Financial content, software development and database design using a variety of platforms, technologies and financial domain knowledge. Our team has around 150 professionals having cumulative experience of more than 500 man-years engaged in conceptualizing, designing and implementing end-to-end business solutions.

Job Description – Legal Counsel

We are looking for a strategic legal counsel equipped to provide general business advisory and support business teams at JVG Group. A detail-oriented and dynamic hands-on ‘Legal Counsel’ with experience in commercial and legal aspects of contracts for potential exposure to liability.

This role will need to collaborate closely with business partners to resolve all legal issues and mitigate liability risks. The incumbent will also be required to build awareness of legal risk exposures / prepare and disseminate legal risk exposure mitigation policies and procedures, including standardization of agreements etc. conduct legal audits of various functions to ensure compliance.

We are rapidly growing our team and welcome the incumbent, who obsess over operations, focus on the details, and lead change with their curious, incisive, and courageous nature.

What You’ll do

• Drafting, Reviewing, Vetting & Rendering advice and directing on legal issues involving contracts, including documentations in terms of Sale Deeds, MOU, Joint Venture Agreements, NDAs, Lease and Licensing arrangements.
• Drafting & Vetting of Suits, Petitions, Appeals, Affidavits, Notices, reply to Notices etc.
• Briefing & Managing Non Litigation & Litigations Cases. Communications, notice preparation with Senior Advocates & taking feedbacks regarding the ongoing cases and briefing the Management regarding the same.
• Reviewing and preparing general correspondence, trust letters, mortgages, and statement of adjustment.
• Handling various regulatory compliance and liasioning with government authorities.
• Preparing MIS of ongoing Cases and Agreements.
• Effective liaison and communication shall be the key competency area. Litigations arising out of Agreements must be avoided and hence Agreements must be drafted and prepared in close consultation of key stake holders and user functions and the role entails thorough review and understanding and consequential reviews accompanied with in-depth understanding, expertise and experience in handling various types of Agreements related to the business.
• Providing Legal Protection and Risk Management advice to the management on Contract Management.
• Providing and interpreting Legal information, conducting training and disseminate appropriate Legal requirements related to Contracts/Agreements to various Functions.
• Shall be required to attend conferences, seminars, study case laws and any other amendment, ordinance being formulated from time to time and keeping the Senior Management briefed about the same on a regular basis.
• Reviewing all Contracts or any other documentation where the Company has committed and access legal implications that require management’s attention.

What You’ll need

• Professional Qualifications: Bachelor of Laws/Master of Laws degree
• Prior legal experience of 8 years combining corporate and private law settings including considerable experience with matters pertaining to commercial transactions, litigation management, compliance, and general corporate law matters.
• Well conversant inter alia with Transfer of Property Act, Contract Act.
• Effective initiative and leadership qualities to get matters resolved through thorough investigation and discussion with those concerned, and in consultation with the management
• Knowledge in Arbitration, ADR, Insolvency & Bankruptcy Code Ability to demonstrates maturity, judgment and functional expertise when solving legal issues and dealing with both internal and external clients
• Ability to work across diverse and cross functional teams for desired outcomes
• Ability to influence key stakeholders and the Board of Directors for approvals on strategic corporate compliance related matters
• Well conversant with corporate laws with special emphasis on companies act, shareholder management
• Shown ability to lead and execute optimally at all levels of the organization
• Outstanding interpersonal skills – both written and verbal – with a proven ability to communicate to all customers internally and externally to the business
• Consistent record of investigating and resolving sophisticated compliance issues
• Adept to work on high bandwidth and support variety of business needs
• Proven ability to meet tight deadlines; ability to prioritize, plan, coordinate and execute on assignments, peer manage relations with colleagues of other fields.
• Strong analytical ability, creativity, and good judgment in resolving legal issues.

Job Location

Navi Mumbai

How to Apply

Interested candidates can send their updated CV to manasi@accordfintech.com

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About Taskmo

Taskmo (FeedMyPockets formerly) is a ‘tech-driven task fulfillment platform’​ that connects companies with pre-screened deployable temporary workers.

Mission:
Taskmo is founded on the mission of making Job accessibility a fundamental right to the global workface. We at Taskmo digitizing the gig jobs for the next half billion internet users.

Our work-pool has semi skilled professionals who are available to be deployed for hourly, daily and seasonal patterns .Whether used consistently or sporadically, one-time use or weeks-long engagements, they can complement your workforce strategy by being flexible, reliable, skilled, and professional.

Our clients range from startups to enterprises from industries like e-commerce, FMCG, Retail, Food tech, Warehousing, Events , Marketing ,Health care and many more .

Our intuitive workforce management platform manages the deployment of right fit, task specific training , Geo based tracking and automated task reports which saves Time , Money and Effort ensuring the elimination of extraneous tasks.

Job Description

• As a compliance officer you will be responsible to monitor all corporate compliance programs.
• Plan and implement the compliance program for the company.
• Prepare business agreements with proper compliance check and regulations.
• Analyze all business agreements and check for compliance risk involved in business operations.
• Monitor the business processes and identify any weak performing areas.
• Ensure compliance with all accounting business.
• Consult with legal team to resolve compliance issues.
• Understand professional business standards and industry practices.

Requirements

• Minimum 2 year of experience working as a Compliance and Legal Officer or a similar role.
• Bachelors’ degree in business administration, law, risk management or related field.
• Familiar with all business state and local regulations.
• Excellent oral and written communication.
• Strong organization and analytical skills.
• Proficiency in MS Office.
• Outstanding problem-solving skills.
• A keen eye on details for accuracy
• Good time management skills.
• Ability to work in teams.

Link to Apply

https://www.linkedin.com/jobs/view/2646502431/

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About Lex Intellect

Governed by one of the most recognised and experienced legal advisers in the nation, we are re-inventing law practices to address and handle strong difficulties in this evolving time. Being at the transformative front line, we expect to give the most noteworthy quality lawful administrations accessible at anyplace.

Based upon a sound legal entity, we impel our finest lawful ability guaranteeing the brightest triumphs to our clients. Relying on our rich experience, our clients legitimately expect the best outcomes from us. We consolidate utilitarian, inventive and keen techniques alongside sincere diligent work to meet these desires.

We solidly trust that the gauge of our association’s prosperity relies on our client’s prosperity and in this manner we lay foremost spotlight on co-operation. Our legal advisors cooperatively set destinations, create spending spreadsheets and lead surveys to frequently screen the advance towards the goals.

We have a specialised group of legal advisors in different regions of law who run the firm as an incorporated entirety. The decent variety in our group plainly mirrors the association’s arrangements and projects and reinforces our capacity to perform at the highest amount possible. Along these lines our group proffers a full-support of the customers and their different needs. Our guarantees are sponsored by a long and effective history of cases. This history is a model of the way that our clients are in the most secured hands.

Our true commitment towards the law has helped us to remain ahead in the group for quite a long time. We take a gander at our calling as a significant tribute from us to the field of law. At last, these achievements are the ideal foundations for one more century of excellent legitimate work and client’s benefit.

Interns Roles and Responsibilties

1. As an intern, your responsibilities will include keeping up with the reams of paperwork generated by law firms. Your role in organising the paperwork can include helping attorneys arrange their documents and all of the information and evidence they will need to bring to the courtroom.
2. The most important duty of the law intern is to observe the working of the lawyers under which they are interning.
3. Inters are required to do the administrative work of the court like inspection of the case file, applying CA, attend the trails, attend the hearings, arguments etc.
4. An intern is required to study the case files and make the points on it. They are required to do the study on the previous judgements.
5. A legal intern’s duties vary based on the needs of the firm and the student’s level of experience, but typically includes basic office work such as copying and filing, legal research, client assistance and aiding lawyers with paperwork and courtroom. A large part of any legal internship is conducting research.
6. The intern also may be asked to recommend next steps based on his research filing. An intern will typically conduct research using the internet, legal database, legal libraries and government offices. Legal interns are often responsible for writing various agreements, contracts, writs and leases.

Link to Apply

https://www.linkedin.com/jobs/view/2642094694/

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/HHtt8vluQJsHfHoZp3eeVO

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LinkedIn:

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-Report by ESHAN SHARMA

The current appeal has been filed by an encroacher on evacuee land of 0-14 acre-guntha of Survey No.191/2 in Godhara, Gujarat, since 1976, where he has been operating an auto shop known as Bharat Motor Garage. On October 24, 2013, the appellant’s writ suit challenging the eviction order dated 23.6.1992 was dismissed by the Learned Single Bench. The learned Division Bench sustained the order. The appellant, who is still aggrieved, has brought his case to this Court.

PETITIONER’S CONTENTION

On 16.07.1992, the appellant filed a writ suit in the Gujarat High Court in Ahmedabad, bearing Special Civil Application (SCA) No. 4700 of 1992. Along with the SCA filed by the appellant, another SCA No.2940 of 1992 brought by one Srikant Deviprasad Joshi was heard. Shri Joshi claimed ownership of the property in question based on an allocation made to him on September 20, 1972, as enemy property. On December 6, 1974, the land assigned to Shri Joshi was annulled. On July 15, 1975, the appeal against the stated order was denied. Shri Joshi then filed an SCA with the High Court, which was dismissed on October 24, 2013. The said order had finally attained finality qua Shri Joshi.

KEY HIGHLIGHTS

• On January 20, 2014, an order was issued in an intra-court appeal remanding both SCAs to the learned Single Bench. However, the application and the Letters Patent Appeal were both dismissed on March 10, 2014.
• The learned counsel argued for the appellant before this court is founded upon the policy dated 20.6.1978 for allotment of evacuee land to encroachers and the resolution dated 8.1.1980 in respect of allotment of another public land to encroachers. The appellant as an encroacher is covered by one or both of the insurance, therefore, is entitled to claim regularization of his ownership.
• On 24.10.2013, the appellant’s writ suit contesting the eviction order dated 23.6.1992 was dismissed by the Learned Single Bench. The ruling has been sustained by the learned Division Bench. The appellant is back in court, still aggrieved.

RESPONDENT’S CONTENTION

The learned counsel count on the judgments in the cases of:

Ramesh Parsram Malani v. State of Telangana

Based on a government policy decision of 20.06.1978, the displaced person-respondent is claiming allotment. The evacuee land must be given to a displaced person because it is part of the compensation pool under Section 14 of the Act and can only be allotted under Section 20. Only one displaced person can be assigned to the evacuee land. After all of the displaced people have been settled, the allocation to non-displaced people can be considered. As a result, the paragraph in the policy dated 20.6.1978 that allows evacuee land to encroachers is contrary to the Act’s design and purpose. However, any allotment made to an encroacher that has reached finality will not be reopened. As a result, an encroacher has no right to regularize evacuee land in the presence of a displaced person entitled to the allotment to achieve the Act’s goal.

COURT JUDGEMENT

“The possession of the land was taken over by the government on January 24, 2014, according to the report. The appellant’s claim now is for restoration of possession by an encroacher, which is completely untenable in above observations.”

The rule is made an outright and present appeal and the same is dismissed.