Sharma & Sharma, Advocates & Legal Consultants, Kolkata, are looking for a suitable candidate having PQE experience of 5 to 10 years to join their Kolkata office for the post of Senior Associate.
About the Organization
Sharma & Sharma, Advocates & Legal Consultants is a full-service law firm, established in 2006 with offices in Kolkata, New Delhi, Chandigarh and Bhubaneswar and having associate lawyers, chartered accountants, company secretaries in most major cities of India, with substantial representations in Insolvency and Bankruptcy Code, 2016, Employment (Labour law & Service Law), Company Law disputes, Transactional matters, Real estate, and numerous litigation and arbitration matters. The firm also has a specialised corporate practice catering to varied industries across the globe.
Position Available
Senior Associate
Location
Kolkata
PQE
5 to 10 years
Eligibility
Excellent drafting skills and prior experience in drafting of writ petitions, suits, Appeals, Applications, and other pleadings before Courts/ Tribunals;
Experience in conveyancing and drafting of leases, deeds, incorporation documents for legal entity, etc.;
Experience in appearing before the Hon’ble High Court, , NCLT, DRT, District Courts and Tribunals;
Excellent Legal research work and considerable knowledge about the Insolvency and Bankruptcy Code, 2016, Arbitration & Conciliation Act, 1996, Company Law and commercial litigation;
Competency in briefing Senior Advocates and Senior Counsels.
Complete familiarity with legal procedures, protocols, and court systems.
Excellent computer literacy with Proficiency in English language.
Ability to conduct client counselling & client meetings.
Remuneration
CTC – Rs. 6 Lakh per annum (negotiable depending upon the credentials of the candidate)
Application Procedure
Interested candidates may send their up-to-date Resume at contact@sharmaandsharmalegal.com with the subject of the email as “Application for the post of Senior Associate – Kolkata”
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The National University of Advanced Legal Studies (NUALS) Kochi, established the ‘Centre for Intellectual Property Rights’ (CIPR) to promote Intellectual Property awareness among students, and to encourage research in the emerging arena of Intellectual property. The Centre fosters R&D activities that blend with its central mission of intellectual pursuit as well as link related interdisciplinary involvement to develop an intellectual law database, which would benefit the nation at large.
The journal invites contributions for the 5th Volume of the Journal from academicians, practitioners of the legal profession, researchers, post-graduates, and undergraduate students of law.
Contributions may be in the form of articles, essays, notes, commentaries, and reviews. Submissions will be put through an exhaustive review process and published on the official website of the Journal, University, as well as CIPR.
Categories of Submissions
Articles: 5000- 7000 words
Essays: 3000-5000 words
Notes, Comments, and Reviews: 1000- 3000 words
Word count is exclusive of footnotes. Longer submissions will be considered at the discretion of the editorial board.
Formatting Guidelines
The submission must be made in .doc/.docx/.odt format only. PDFs of submissions will not be accepted.
The body of the manuscript must be according to the following specifications:
Times New Roman font
Font size 12
Line spacing 1.5
Submissions must follow the Bluebook (21st edition) style of citation. Footnotes must be in Times New Roman, font size 10 with single line spacing.
Guidelines for Submission
All submissions are to be made in electronic form and must be sent to ciprlawreview@nuals.ac.in.Submissions must be received on or before April 18, 2023.
All submissions must include an abstract not exceeding 300 words.
Submissions must be accompanied by a brief note including the following information:
Name
Postal Address
Name of Institution
The course of Study (if applicable)
Academic Year
Contact Number
In the submission of work, the author undertakes that the work is original and has not been submitted, accepted, or published elsewhere.
All submissions will be subject to a plagiarism check at the first stage of evaluation. If work is found to be unoriginal or plagiarised (including self-plagiarism), it will be rejected at the first instance. The Journal also reserves the right to revoke the acceptance upon a finding of plagiarism at any stage of the submission or editing process.
Co-authorship is allowed for a maximum of two authors.
Authors will be intimated of receipt of submission within one week from the date of submission.
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Xiaomi was founded in 2010 by serial entrepreneur Lei Jun, who believes that high-quality technology doesn’t need to cost a fortune. We create remarkable hardware, software, and internet services for and with the help of our Mi fans. Every company has a mission. Ours is to bring ‘Innovation for Everyone.’ Having a global presence, and being a tech behemoth, Xiaomi moved up 72 spots ranking #266, in the ‘Fortune Global 500’ list for the 4th consecutive year.
Intern Job Responsibilities
Conduct legal research in areas as diverse as company law, payment-related laws, competition law, intellectual property laws, IT and privacy law, legal metrology, arbitration and conciliation law etc..
Intern Job Duties
Work with the legal team to draft and review various agreements including novation agreements, brand license agreements, software license agreements, co-branding agreements, non-disclosure agreements, terms of service documents, marketing agreements, master services agreements, franchise agreements, IP licensing agreements, lease agreements, other commercial and technology-related agreements.
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Regalwhiz Law Chambers is India’s leading professional service-providing company assists every business owners with legal & document preparation, legal advice, contract review, and representation in legal proceedings which is increasing popular due to their convenience, affordability, and accessibility.
Position
Legal Associate
Responsibilities
Managing client cases from start to finish
Advising clients and conducting legal research on their behalf
Preparing and reviewing legal documents ahead of a court hearing
Developing litigation strategies
Gathering evidence
Updating and consulting with senior associates
Supervising paralegals or legal assistants from time to time
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Each person purchases different goods and services in their everyday life. Anything they purchase needs to Pay for itself and get fulfilment from its utilization and use. But now and again they don’t feel happy with the item they buy. This might be a record of low quality of the item, cheating by the retailer, lower nature of constants, deceiving promoting, etc.[1]
The digital era has guided and immensely filled in this new period of online business and acquired its degree new assumptions and wants of the shoppers. It has now become effectively available, with more extensive decisions to the customers, and gives viable techniques for business.
Because such a transformation is achieved by digitalization, the consumer protection act, of 1986 had a few difficulties and confronted numerous mishaps which required quick consideration. Be that as it may, the public authority achieved an extraordinary change and presented the Buyer Security Act, 2019 which came into force on 20 July 2020. This previous sanctioning had been reconsidered once in a while to get it congruity with changes achieved by globalization, financial progression, digitalization of items and administrations, and so on be that as it may, its execution was far to accomplish its ideal goal of financial regulation which looked to give security of the interests of the customers. While then again the new Buyer Insurance Act, 2019 will fortify and upgrade the extent of assurance given to the purchasers by redoing the promoting claims, supports, disciplines, prison terms, organization of the debates, and different variables.
The Consumer Protection Act
Consumer Protection Act[2] is a law that protects consumers from unfair, harmful methods by businesses and sellers of goods and services. First Consumers Protection Act came in 1986 and the parliament of India elected it. It also gives consumers the right to Safety, Choice. Also, the Consumers Protection Act imposes duties and liabilities on producers. It gives hope for the bits of help of helpless consumers. This Consumers Protection Act came as a “Panacea” for consumers all over the country. The Consumers Protection Act makes a system name “three-tier” it is set up at the State, District, and National levels. The Consumer Protection Act was replaced by the Government as The Consumers Protection Act 2019.
The Consumer Protection Act defines a consumer as a person who buys goods and services with careful thought.
Consumer Protection Act does not allow goods and services for commercial purposes.
Consumers Protection Act covers transactions with all modes online, and offline through electronic, also multi-level marketing.
For Consumer Protection Act central Government made set up it was CCPA (Central Consumer Protection Authority).
It protects and enforces the right of consumers CCPA impose a penalty for those who supply goods up to 10 lacks and two-year imprisonment for any false advertisement.
For subsequent offense fine extend to Rs 50 lakh and imprisonment for five years.
Rights of The Consumers
In The Consumer Protection Act 2019, Consumers have some rights that are:
Consumers have the right to know all the information related to the goods and services, like goods and services quality, quantity, how much pure, and also the prices should inform the consumer.
Sometimes consumers’ right to protect goods and services can be dangerous to their life and property. Rights to protect from hazardous goods and services.
The consumer has the right to be protected from unfair trade practices.
They have the right to access a variety of goods and services.
Consumers should have the right remedy or compensation for any losses or suffering.
Right to give consumers proper education.
Also, the consumer has the right to need a clean and healthy environment.
The Consumers Protection Act 2019 Authority
The central government establish an authority to protect consumer goods and services, which is CCPA (Central Consumer Protection Authority) as a regulatory authority.
CCPA protects consumer rights and regulated some cases that are related to unfair trade practices.
CCAP gives power to consumers.
Consumers can take Suo-Moto action, recall the product and cancel licenses.
CCAP has the right to investigate consumer law violations.
Product of Goods and Services Liability
The huge expansion to the 2019 demonstration is the arrangement for item obligation by which the makers or specialist co-ops have been made dependable to repay the purchaser for any mischief, injury, or misfortune experienced because of damaged items, or lack of help. This additionally incorporates web-based business inside its ambit and even they can’t get away from the fury of the go-about as now the item responsibility has been stretched out to the specialist co-ops and not simply restricted to the producers.
The defeat of some Design.
Responsible for all the compensation for injuries and damages.
Services of the product provided faulty.
Issues with Consumer Protection Act, 1986
Remove all the imperfections from the goods;
Substitution of the goods;
Discount of the prices which are paid;
Give compensation to the consumer for all the losses or injuries;
Withdrawal of the hazardous goods from being made available for purchase; or Giving satisfactory expenses to parties.
Evacuation of deformities or lacks in the administrations;
Discontinuance of unjustifiable exchange rehearses or prohibitive exchange practices or course not to rehash them.
The National Consumer Disputes Redressal Commissions(NCDRC) will hear grievances where the debate esteem is worth more than Rs. 10 crores. The State Consumer Disputes Redressal Commissions will hear objections where the contested worth is more than Rs 1 crore but not as much as Rs 10 crore. While the Locale Buyer Questions Redressal Commissions will engage in protests when the worth of products or administration depends on Rs 1 crore.
Consumer Protection Act Demonstration and Direct Selling
One more change was connected with online business working as per the regulations set for direct selling. The rules make it obligatory for the e-organizations to uncoverthe dealer’s subtleties like their location, site, email, and so on, and dataconnected with discount, return, assurance and guarantee, conveyance, shipment, instalment choices, the wellbeing of instalment, complaint taking care of the instrument and so on. This step is fundamental as in the developing universe of online businesses damaged and lacking items and administrations are given and through this arrangement the organizations could be punished for something very similar.
“Under the new Demonstration, the web-based business will be represented like direct selling in India and online stages for selling labour and products, or conglomerating administrations will be expected to take responsibility for any infringement of customer privileges or embracing any out-of-line exchange rehearses,”[4] Mehta said
Supreme Court Cases
Rojer Mathew v. South Indian Bank LTD.[5] (This Judgement came in November 2019) Judgement given by Ranjan Gogoi Chief justice of India Leave Granted.
Association For Consumer Welfare And Aid v. Granite Properties Private Limited (2019) This case was dealt with by the Supreme Court of India. The Judgement of the Court delivered by DR. D.Y. Chandrachud, j. Civil appeal no 259 of 2019 The National consumer disputes redressal commission(NCDR). “ The consumer on whose behalf this complaint is instituted did not hire or avail the services of opposite party 1 and therefore they cannot be said to its consumers.“[6]
Current cases:
M/S. Texco Marketing Pvt. Ltd. v. TATA AIG General Insurance Company Ltd (2022)
Ibrat Faizan v. Omaxe Buildhome Pvt.Ltd.(2022)
Shankarlal Nandani v. South Indian Bank LTD.(2022)
Texco Marketing Private Limited v. Tata Aig General Insurance Company Limited And Others. (2022)
Sunil Kumar Maity v. State Bank of India and another(2022)
Different Features of the Consumer Protection Act 1986 and 2019
In consumer protection act there is some kind of differences we find between the consumer protection act 1986 and the consumer protection act 2019 that’s are:
Regulator: In Consumer Protection Act 1986 there is no separate regulator but in Consumer Protection Act 2019 there is an authority formed that is CCPA(Central consumer protection act)
ConsumerCourt: In the consumer act, 1986 complaint was filed in the consumer court where the sellers or the defendant’s office is located but in Consumer Protection Act 201complaintsed filed the consumer court where the complaints are worked.
Product Liability: In Consumer Protection Act 1986 there is no such provision of product liability consumers can apply in civil court but not in consumer court. In Consumer Protection Act 2019 consumers have product liability they get their compensation for any kind of harm caused by the services.
Mediation Cells: In Consumer Protection Act 1986 there is no such legal provision for Mediation cells but in Consumer Protection Act 2019 court refer settlement through the mediation cells.
Conclusion
The Consumer Protection Act 2019 is a productive step that would bear natural products later on. The act incorporates inside itself a few new ideas which were the need of great importance and the prospect of executing a similar in a nation like India would give a palatable outcome. In the developing universe of digitalization steps like e-recording of cases, and procedures through video conferencing will change, create and upgrade customer freedoms by and large. However, one can’t deny and scrutinize the execution of down-to-earth earth use of the arrangements. For any law and regulation to find actual success, fundamental its execution ought to be done appropriately and productively. Hence, for the 2019 demonstration to become useful it needs to defeat its disadvantages and slack ought to be given to realize the help for the shoppers. Consumer Protection Act gives a law designed to ensure fair competition and free of truthful information in the market areas. The law is designed to prevent businesses that are engaged in fraud or UTP(Unfair Trade Practices). The Consumer Protection Act 2019, is a Constructive Step that would bear fruits in the Future.
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N & A is into Direct & Indirect tax consulting, auditing and assurance services since 1999. Since 2016 THEY have been providing legal assistance and representation before NCLT & NCLAT related to the Companies Act and Insolvency & Bankruptcy Code. N & A has offices in New Delhi, Lucknow, Roorkee, Patna, Jaipur, Sonipat, Deoghar & Dumka. Out of 10 partners, one partner is a qualified Insolvency Professional registered with IBBI.
Duties and Responsibilities
Drafting the petition to be filed before Hon’ble NCLT/NCLAT
Assisting corporate insolvency resolution process
Appearing before Hon’ble NCLT/NCLAT
Requirements
Preference shall be given to candidates who have prior experience in the corporate insolvency resolution process
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Taxortium is a one-stop solution for all kinds of businesses, be they a start-up or established firms. They are a bunch of passionate professionals who are keen to ease the business registration process in India and assist entrepreneurs to grow their ventures to the next level. They strive to be instrumental in driving your business to become a full-fledged endeavour. The depth of their offerings includes customized services that allow their clients to develop and execute key growth hacking strategies and deliver great products or services into the market. They also render tailor-made services that lead to secure VC funding. They facilitate numerous companies and serve them with all basic assistance. Their values are focused on the needs of their clients.
Duties and Responsibilities
Working on research, drafting, etc. for complex taxation, ongoing litigations, and accounting
Handling commercial disputes, IPR, contract management, etc. by the respective laws
Managing international adoption-related services with due diligence and arbitration
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Adv Ashok Kriplani is an insolvency professional with of experience 6 years and an advocate with 12 years of experience. Currently, he is working on one case under the purview of the insolvency and bankruptcy code.
Duties and Responsibilities
Manage the office work of insolvency professionals and advocates
Assist to carry out work on the legal front
Work to represent clients in court and national company law tribunals or before government agencies
Analyze the probable outcomes of cases using knowledge of legal precedents
Manage to do the miscellaneous field work apart from the office work
Perks
Certificate
Letter of recommendation
Flexible work hours
Number of openings
1
Stipend
This is a performance-based internship. In addition to the minimum-assured stipend, you will also be paid a performance-linked incentive (₹ 2000 per performance based).
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The Government of Andhra Pradesh established Damodaram Sanjivayya National Law University (DSNLU) vide DSNLU Act, 2008 at Visakhapatnam to impart quality legal education. It is recognized u/s 2(f) of the UGC Act, 1956, and the BCI. It has also been granted 12B status by the UGC and 28th rank in the National Institutional Ranking Framework by the Ministry of Education in 2021. Its mission is to design and deliver legal education and promote academic achievements and excellence in legal research. The University offers 5 years integrated B.A., LL.B. (Hons.) and 1 year LL.M. (Constitutional Law, Criminal Law, and Commercial Law), and 2 years of M.Sc. (Arbitration & Mediation) Programmes. It also offers Doctoral and Post Doctoral Degrees in Legal Studies.
ABOUT THE WORKSHOP
The start-up culture in India is expanding exponentially and successful Entrepreneurs are identified in almost every field. With its increased potential in the global market as the 5th largest economy, India has gained momentum to be the market leader in the future. The Indian start-up ecosystem in the last decade has witnessed 10 unicorns and hundreds of new start-ups gaining investor confidence across the globe.
DSLIC understands that there is a need to conduct entrepreneurship workshops to skill and up-skill young creative minds. The competitive market poses challenges to budding entrepreneurs to start, succeed and sustain. Some are born Entrepreneurs but some need to be skilled; some may succeed and some may not, So, we believe that few skills may be inculcated and imbibed through training.
In this direction, the Two-day National-level workshop is planned, because any start-up needs a good leader, with an entrepreneurial mindset and a vast understanding of subjects like Management, Technology, and Law with other disciplines, like socio, political, economic, and cultural environment. Any leader needs to have a basic understanding of Management Information Systems, Strategic Management, Operational Management, Human Resources, Finance, Marketing, etc, which are relevant for any start-up including a law firm.
The objective of this workshop is to promote a learning strategy that helps the participants as transit in their journey towards achieving their dream. The workshop is planned to train participants from different disciplines who have a passion for creating value and exploring their ideas, expanding their network, and bringing their thoughts into reality.
THE PARTICIPANTS CAN BE
Entrepreneurs,
Practitioners,
Trainers, and other professionals.
Students and Academicians.
THEMES FOR THE WORKSHOP
Choose the path
Building Blocks to Entrepreneurship
Road taken – not taken
Finance and Fortune
Scale up – Scale down
Signed, Sealed, Delivered
Lawyer vs Entrepreneur – Lawyer as an Entrepreneur Triumph with Technology
NOTE: The workshop shall include 4 technical sessions and 2 practical sessions, per day.
REGISTRATION DETAILS
Registration Fee: Rs. 2000 /- per person Register on or before – 15th March 2023
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