Month: May 2023

About Arbour Investments

Arbour Investments is a leading asset manager in real estate alternative investments. With over 40 years of team experience, we invest in real estate core/core+, debt and opportunistic investment strategies. Arbour Investments provides investment and asset management services in the real estate market, partnering with other divisions and external parties as appropriate. Our work is multi-dimensional covering key markets, industry sectors, product types and geographies.

Job Title

Legal Advisor

Job Description

• Drafting, and scrutinizing transactional documents with respect to real estate financing, including debentures, loan agreements, conditions precedent, Facility Agreements, Mortgage Deeds, Deed of Hypothecation, Guarantee Documents including Corporate and Personal Guarantees, Deed of Assignment, Indemnity Bonds and other legal documents.
• Conducting Title Investigation & Search Reports in respect of the property forming part of the security. i.e. Freehold, Leasehold, Gaothan Land. Etc.
• Must have a good understanding of Company Laws, Financing Laws, and Real Estate Laws.
• Prepare/Scrutinize related compliance documents.
• Providing Legal Opinion and Search Reports.
• Coordinating with clients, stakeholders and Banks/ Financial Institutions as relevant.
• Visits for vetting of legal documents & legal audit as required by the business.
• Advising and providing legal opinion on corporate matters and external commercial borrowings documentation.
• Preparing legal opinions on various matters;
• Drafting to issue/responding to notices.

Basic Requirements

• Qualification: LLB/LLM
• Excellent communication and analytical skills.
• Ability to proactively identify and provide for risk mitigation through legal process/documentation.
• Exposure to Capital raising (Debt / Equity), Real Estate Finance background is preferred.
• Solid analytical/logical mindset and attention to detail
• Strong interpersonal and time management skills
• Strong written and verbal communication skills (clear, concise, and confident) with the ability to manage internal and external relationships
• Ability to work under pressure and to meet deadlines ensuring high-quality output.

CLICK HERE TO APPLY

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About AAA Insolvency Professionals LLP

AAA Insolvency Professionals LLP is the second and the largest Insolvency Professional Entity (IPE) to be registered with Insolvency and Bankruptcy Board of India (IBBI). The IPE has 29 Designated Partners, 42 Associate Partners and about 75 employees engaged in CIRP & Liquidation process divided into various teams viz. CIRP team, Claim Verification team, Corporate Debtor Operations team, Legal team.

Job Title

Legal Associate (CIRP Process)

Roles and Responsibilities

• Perform various tasks under CIRP as per timelines in IBC/ CIRP Regulations independently.
• To plan for attending to various tasks and allotting them to various team members in CIRP
• To conduct due diligence on the work by Team Members to ensure its quality and timeliness
• Provide legal support to the Insolvency Professionals for the efficient conduct of the Corporate Insolvency Resolution Process (CIRP) and Liquidation Process

Requirements

• Expert knowledge of the IBC Code, CIRP Process, & other ancillary Laws.
• Excellent Drafting Skills, Proficient in MS Word and a decent knowledge of MS Excel
• Should have procedural knowledge of CIRP and Liquidation process such as claim verification, conducting COC meetings, drafting minutes of meetings, and interaction with COC members.
• Should have administrative and managerial skills
• Should be very good at English writing and speaking
• Should have confidence and appetite to work on a new project and should be ready to accept challenges.

Experience

2 to 5 years of Experience in Insolvency and Bankruptcy code.

Professional Qualifications

• Should be a Law graduate or company secretary.

Perks

• 5.5 days working (2nd & 4th Saturday Off)
• Salary- 5 Lakh Per Annum to 7 Lakh Per Annum
• The incentive for eligible tasks as per the policy of the Company.

Application Process

Interested candidates may send an email to hr@aaainsolvency.in

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About Firm

JAIN & PARTNERS is an IPR & Corporate law consultancy firm. It provides services to domestic companies, start-ups and individuals for their overseas investment and also to foreign companies and individuals for their investment in India in all respects that includes Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc. Besides a vibrant and enthusiastic team of young professionals with good academic and practice backgrounds, our team of professionals consists of persons with diverse and rich experience like Company Secretaries, Chartered Accountants, M.B.As, B.Scs, M.Scs and Lawyers.

They are looking for an Assessment intern ( Paid Opportunity) for the IPR Team on an immediate basis.

Area of Law

Intellectual Property Rights with a prime focus on TRADEMARK LAW

Eligibility

Only Final Semester students/recent Law Graduates with prior experience in the field of intellectual property would be given preference

Joining

At the earliest

Office Location

Sector-8, Rohini East, Delhi

Application Process

Interested candidates can mail at jainandpartners@gmail.com.

Note- Only shortlisted candidates will be notified!

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-Report by Sava Vishnu Vardhan

In the case of Nagarathinam V. State Through The Inspector Of Police | Criminal Appeal No. 1389 Of 2023, the Hon’ble Supreme Court of India overturned the order of the State of Tamil Nadu rejecting the request for the Appellant’s premature release in the case of murder. 

FACTS OF THE CASE: 

Due to repeated threats from her spouse, Suresh, the mother, the appellant, chose to kill herself along with her children. She purchased pesticides intended for plants and, in accordance with her determination to pursue this line of action, she administered poison to her two children, Ramar and Laxmanan, who are identical twins. Then, the appellant’s niece pushed the pesticide down when she put it in a tumbler to drink it herself. Unfortunately, the two kids were pronounced dead when they got to the hospital. The appellant’s niece forced it down just as she was going to eat it herself.

Upon conviction of the appellant under Sections 302 and 309 of the IPC, Additional District and Sessions Judge (Fast Track Court), Dindigul sentenced her to life in jail.

Following a trial, the appellant was found guilty of violating Sections 302 and 309 of the IPC by the learned Additional District and Sessions Judge (Fast Track Court), Dindigul by Judgement and Order in Sessions Case No. 92 of 2004 dated 10.01.2005 and sentenced to life in jail. The Appellant requested an early release after serving nearly 20 years in jail. However, in light of the heinous and savage character of the offence (s) perpetrated by her, the State of Tamil Nadu rejected the State Level Committee’s proposal in G.O. (D) No. 1127, dated 24.09.2019.

APPELLANT‘S CONTENTIONS: 

Even if it is considered that the appellant attempted to poison herself and her children in order to end their lives, learned senior counsel for the appellant argued that this was only possible as a result of an unexpected provocation. Comes under IPC Section 300’s Exception 1. In addition, the fact that the appellant committed family suicide alongside her two boys is an extenuating circumstance protected by Section 300 of the IPC’s Exception 1. Additionally, if the mother had survived or managed to flee while the children perished, it would be illegal under Section 304 Part I of the IPC. In this regard, the Madras High Court’s learned Division Benches’ rulings in Guruswami Pillai v. State, 1991 (1) MWN (Cr.) 153 and Suyambukkani v. State, 1989 SCC OnLine Mad 481 were cited.

RESPONDENT’S CONTENTIONS: 

It was strongly maintained by knowledgeable counsel for the lone Respondent-State opposing the petitions that the act(s) perpetrated by the Appellant were cruel and violent as young children were given poison and put to death, hence it was only fair that the State had rejected the Appellant’s early release. It was argued that the High Court maintained the conviction under Section 302 of the IPC since both the Trial Court and the High Court carefully considered every aspect of the 6 issues.

JUDGEMENT:

The Judgement was delivered by Ahsanuddin Amanullah, J. the hon’ble Supreme Courtdetermined that the scenarios presented by the appellant are not protected by the exceptions listed under Section 300 of the IPC given the facts and circumstances of the current instance. Even more so when the people who were fed the pesticide administered by the appellant and perished from it did not provide their consent. In Guruswami Pillai v. State of Madras, the father attempted suicide as well as killing his little daughter by slicing her throat with a knife. It was revealed during the trial that the father and daughter had decided to take their own lives together. Thus, the High Court in that case determined that it was prudent to provide a benefit by converting the conviction from Section 302, IPC to one under Section 304 Part I, IPC. This was done in light of the background information, as well as the parties’ mental and social conditions, financial situation, and the surrounding circumstances. The appellant has already endured the brutal hand of fate, according to the supreme court. The Court further pointed out that it can’t only be said that the act was “cruel and brutal” because the appellant tried to kill herself but was saved just in time by her niece. She had already served nearly 20 years in prison, to add to it. This prompted the Bench to overturn the government injunction and order her release.

The order of the State of Tamil Nadu, as stated in G.O. (D) No. 1127 dated 24.09.2019, issued by the Home (Prison-IV) Department and signed by the Additional Chief Secretary to Government, rejecting the request for the Appellant’s early release is reversed for the aforementioned reasons.

READ FULL JUDGEMENT: https://bit.ly/3BejUPP

-Report by Gopal Kumar

This case is related to Judge’s power to put questions or order production to discover or obtain proper proof of relevant fact under section 165 of the Indian Evidence Act. 

FACTS

In this case, the appellant-accused along with the other co-accused were charged with kidnapping and murder of a person in the year 2000. The Trial Court convicted both the accused persons for offences under Section 302, Section 364, Section 392, Section 394, Section 201 and Section 34 of IPC and awarded a life sentence under Section 302 IPC, and the remaining accused was convictedlesser sentence, vide order dated July 11, 2003. Further, the appellant filed the case to   The Punjab and Haryana High Court which dismissed the file and upheld the conviction and sentence of the Trial Court vide order dated May 31, 2017. Hence, the appellant-accused filed the appeal before the Supreme Court.

In this case, the apex court found that the case of the prosecution is entirely based on circumstantial evidence and the ‘evidence’ of last seen and the “discoveries” made from the information given by the appellant.

The Court further observed that the case of the prosecution rests on two circumstantial pieces of evidence

1. The disclosure is given in police custody and the discovery is on its basis.

2. The evidence of last seen in the form of PW-10 (the neighbour of the complainant).

The court rightly points out that in the case of circumstantial evidence motive plays a significant role. The prosecution case is that the two accused killed the deceased only to steal his tractor. The prosecution case is that the deceased was kidnapped and murdered by the two accused, for his tractor which they had robbed from the deceased, after putting him to death. The Court pointed out that the facts that led to certain discoveries were already known to the police in the earlier discovery made by the co-accused. The Court further noted that the discoveries which were made on the pointing out of co-accused cannot be read against the present appellant.

According to section 27 of the Indian Evidence Act “If the disclosure has been made by the accused to the police while he was in their custody and such a disclosure leads to the discovery of a fact then that discovery is liable to be read as evidence against the accused. A fact discovered in a piece of information supplied by the accused in his disclosure statement is a relevant fact and that is only admissible in evidence if something new is discovered or recovered from the accused which was not within the knowledge of the police before recording the disclosure statement of the accused.

On the evidence of ‘last seen’ the Court noted:

“In this case, even if we take the time between the last seen and the approximate time of death as per the postmortem, which would go beyond 48 hours preceding the time of post-mortem the time of death can be stretched to the morning of May 9, 2000, which still begs an explanation from the prosecution as to the time gap, as the deceased was last seen with the two accused on 08.05.2000 at 7:00 P.M.” The Court further noted that the evidence of last seen itself is on a weak footing, considering the long gap of time between last seen by PW-10 and the time of death of the deceased, Section 106 of the Evidence Act, 1872 would not be applicable to facts and the circumstances of the present case. When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

The court said “In order to establish a charge of guilt on the accused, the chain of evidence must be completed and the chain must point out to one and only one conclusion, which is that it is only the accused who have committed the crime and none else. 

RATIO DECIDENDI

The Court held that the evidence placed by the prosecution, in this case, does not pass muster the standard required in a case of circumstantial evidence.

JUDGEMENT

The judgement given by the division bench of Justice Sudhanshu Dhulia and Justice Sanjay Kumar noted:

In the present case, the prosecution has not been able to prove its case beyond a reasonable doubt. The evidence of last seen only leads up to a point and no further. It fails to link it further to make a complete chain. All we have here is the evidence of last seen, which as we have seen loses much of its weight under the circumstances of the case, due to the long duration of time between last seen and the possible time of death. The Court set aside the conviction of a murder accused on the ground that the evidence last seen on which the conviction was based, failed to make a complete chain of circumstantial evidence. 

READ FULL JUDGEMENT: https://bit.ly/44Lb5KM

About The Archaeological Survey of India

The Archaeological Survey of India (ASI) under the Ministry of Culture is the premier organization for the archaeological research and protection of the cultural heritage of the nation. Maintenance of ancient monuments and archaeological sites and remains of national importance is the prime concern of the ASI. For the maintenance of ancient monuments and archaeological sites and remains of national importance, the entire country is divided into 37 Circles under the 5 Regional Directorate offices. The Archaeological Survey of India regulates the AMAS ACT 1958 and its Rules 1959, also regulates Antiquities and Art Treasures Act 1972 and its Rules 1973, although regulates the Contract Labor (Regulation and Abolition) Act 1970 and its Rules 1971. There are more than 1400 court cases in all over India before the Supreme Court, High Courts, Tribunals and District Courts etc. and they may arise in the areas of arbitration on contractual disputes, Service matters, land acquisition matters and compensation thereto, criminal matters, intellectual property rights, encroachments, illegal constructions in Prohibited and Regulated areas of the centrally protected monuments.

The Archaeological Survey of India (ASI) intends to engage 15 Young Legal Professionals purely on a contract basis at the Circle offices/Regional Directorate offices/ASI Head Quarters for a period of one year if otherwise not extended for curtailed. The contractual engagement shall be on a need basis and shall not confer any right or privileges for regular appointment.

Essential Qualification for Young Legal Professional

• A degree in Law from a recognized University/National Institute.
• Enrolled with any State Bar Council to practice as an advocate.

Desirable Qualification

• Knowledge of Indian History, Archaeology, and Antiquity is preferred.
• Knowledge of the concerned state’s regional language is preferred.
• Candidate having experience working in Government/Autonomous organizations/PSU will be preferred.
• Candidate having experience in dealing with cases of Ancient Monuments and Archaeological Sites and Remains Act (AMASR) Act 1958, Antiquity and Art Treasures (AAT) Act 1972 and the Contract Labor (Regulation and Abolition) Act 1970 will be preferred.

Experience

• Possesses at least 3 years experience in handling court cases in High Court/CAT/Supreme Court and on labour-related issues on a continuous basis. He/ She should be well-versed in dealing with legal matters in different courts of law.
• The candidate should be proficient in working on MS Word and other computer applications

Tenure of Engagement

• The period of engagement will be initially for a period of one year, which may, at the discretion of the competent authority be further extended by one more year or curtailed.
• He / She can be terminated without notice by the competent authority if at any time the conduct, performance, or activities of the individual are found detrimental to the interests of the department.

Remuneration and Other Conditions

• The consolidated remuneration for Young Legal Professional shall be Rs. 70,000/- p.m.
• No other allowance will be payable. However, if the Young Legal Professional travels out of the Headquarters, He / She will be entitled to TA/DA in terms of guidelines issued by the Ministry of Culture.
• The assignment is on a full-time basis and the Young Legal Professional will be required to attend the office on all working days and on holidays if required.
• The Young Legal Professional will be required to maintain decorum, and discipline as expected of a Central Govt. officer.
• The rest of the terms and conditions of engagement shall be governed by the guidelines issued by the Ministry of Culture.

Application Process

Interested eligible candidates are instructed to apply in the prescribed proforma (Please see Annexure) with the latest passport-size photograph along with self-attested copies of educational qualifications and other relevant certificates to the Director General, Archaeological Survey of India, Dharohar Bhavan, 24, Tilak Marg New Delhi-01.

1. The application completed in all respects must reach within 15 days from the date of advertisement. Incomplete applications will be summarily rejected, and the onus of rejection would be on the candidate themselves.
2. Envelop of the application should be superscribed with “Application for the Post of Young Legal Professional”

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About Chambers of Abhinav Mishra: Advocates & Solicitors

Founded in 2018 by Abhinav Mishra & Nivedita Chauhan, the Chambers has emerged as one of the eminent legal service providers for its diverse practice capabilities and caters to matters Pan India. The Chambers assists its clients by way of handling Litigations in Courts and Tribunals and also provides Corporate Advisory as well as legal Consultancy services, on matters pertaining to IBC, M&A, Competition Laws, Restructuring of Debt, White Collar Crimes, Real Estate Laws, IPR and Arbitration proceedings.

Eligibility Criteria

1. The Candidate(s) should be willing to work on a full-time commitment basis and must be able to handle and thrive in a fast-paced environment.
2. The Candidate must be Goal-oriented, Punctual, and Dedicated, possess excellent communication and writing skills, and have a proactive attitude towards work.
3. Only Fourth year (Five-Year law Programme) and Final Year (5-Year as well as 3-Year Law Programme) students to apply.

Stipend

INR 5,500/- (Extendable up to INR 15,000/- on the basis of the performance of the candidate). Intern(s) working late hours for completion of deadlines, shall be additionally entitled to reimbursement of expenses towards transportation and food.

Mode of Internship

Offline/Physical

Application Process

All interested and eligible* candidates are requested to E-mail their CV along with a cover letter to careers@chambersofabhinavmishra.in with the subject line- “Application for Internship- Re-Opening (Month of Internship)” or fill out the internship form available on the official website of Chambers i.e., https://lnkd.in/en_iHCJb.

Deadline

Last date for Application: 15.05.2023 by 23:59 Hours.

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About The Vibrant Group India

The Vibrant Group India has been engrossed passionately with redevelopment projects in the Island City of Mumbai. The aim is to turn our redeveloped projects into living spaces rather than mere buildings and apartments. To create a healthier lifestyle, we ensure working with eco-friendly materials, a disciplined team, and a trustworthy brand that would not only strive to justify the investment one makes but also exceed the joy of association.

Responsibilities

• Conduct legal research on a variety of topics and prepare memos summarizing findings
• Draft legal documents, including contracts and agreements
• Assist with the preparation of legal filings, such as briefs and motions
• Attend client meetings and take notes
• Assist with document review and management
• Perform other duties as assigned

Tenure

6 Months

Number of openings

1

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About Datamatics Staffing Services Limited

Datamatics Staffing Services Limited (DSSL) is a full-service recruitment firm in the business of providing Executive Search, Selection and Specialist Contract Staffing.

DSSL was established in 1969 in Mumbai and has successfully partnered with Indian Corporates & MNC clients in India, the Middle East, Africa and South East Asia for recruitment of skilled professionals.

Job Title

Assistant Manager – Legal (Experience in an exchange house or payment/money service firm.)

Responsibilities and Roles

• Drafting, reviewing, negotiating, and managing the life cycle of contracts.
• Drafting, reviewing, and advising on the legal documents related to operations (including drafting of proposals, correspondences to clients/business partners, regulatory authorities, policies, service terms and conditions, etc.).
• Monitor and supervise business activities from a compliance point of view by providing legal advisory opinions and keeping updated on new and revised regulatory guidelines, notifications and laws.
• Guiding and advising the internal business stakeholders in sync with the industry-related applicable laws and guidelines.
• Preparation and assisting in the process to procure licenses for the products in various jurisdictions.
• Liaison and coordination with the local Attorneys and/or Counsel in litigation matters.
• Any other special project assigned by reporting head from time to time.

Qualification, Experience & Skills

• Law degree from a prestigious law institution.
• Experience in an exchange house or payment/money service firm.
• Sound on contract laws.
• Excellent analytical, communication & interpersonal skills.
• Able to work under stressful circumstances.
• Excellent organising & prioritization skills, with the ability to manage several matters concurrently.
• English & Arabic reading, comprehension, and communication of a high order.
• Excellent computer skills – MS Office application.

Application Process

Interested Candidates can email or connect on kajal@datamaticsindia.com.

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About Florican Enterprises Pvt Ltd 

Florican Enterprises Pvt Ltd is the brainchild of Mrs Anees Shaik, who laid the foundation stone of the company in 2017 with an aim to provide inimitable solutions to organizations and job seekers as per their needs. Their company base is located in Navi Mumbai (Maharashtra, India) and they are serving clients in the surrounding regions. They provide placement consultancy across sectors like FMCG Telecom/ Technology/ ISP, Manufacturing / Operations, Export/ Import IT/ ITES, Medical/ Health Care, Education / Training, Retail, Construction, Tour & Travel, Automobile, Banking, Technical, etc.

Role

Legal Executive- Drafting and Vetting

Qualification

LLB /LLM

Experience

4-10+ Years

About Job

As the legal Executive very you shall be responsible for drafting the sale agreement and sale deed and other legal documents. Liaison with the CRM and Sales team to close the queries raised by clients and arrange and hand over the legal documents as requested by the clients.

Duties And Responsibilities

Real Estate experience and Kannada are mandatory.

• Should have the skills of Property Due diligence, Title scrutiny, Drafting amp; vetting.
• Assist the Legal Manager with the document preparation.
• Drafting and vetting letters, Conveyance Deeds/Sale Deeds, CRM documents, Undertaking,
• Affidavits, JDA, GPA, Agreement (case to case basis).
• Drafting and finalizing various Sale Agreements related to Land/Site etc.
• Prepare legal document sets for the Sales, and Marketing Department use.
• Maintaining the tracker for Notices received from clients.
• Drafting, vetting and filing of legal notices for defaulting customers.
• Respond to legal queries raised by the client/client’s lawyers.
• Providing legal support and advice to CRM/Client Service Department on various issues with investors/clients of the company.
• Compilation of a list for delivering original title documents to banks in order to obtain project financing.
• Preparation of documentation related to the handover process

Salary

Best in Industry

Application Process

Interested Candidates kindly send resumes or call on below contact details:
Email: riya.florican@gmail.com
Phone Number: +91 9619162914

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