Tag: #legal

INTRODUCTION

One of the main changes in India’s overall set of laws is the Insolvency and Bankruptcy Code. This is on the grounds that the IBC does not just make India more grounded as far as the lawful structure, yet it additionally gives it another financial character and acknowledgment on an overall scale. If a disagreement emerges concerning bankruptcy, the debtor and the creditor have the authority to commence insolvency procedures against each other under the IBC, which is a combined study of numerous legal committees. With the President of India’s consent, the Insolvency, and bankruptcy Code 2016 became effective on May 28, 2016. Before that, there were long cycles that didn’t impressively offer a financially functional arrangement anyway as of now, this code is a one-stop reply for settling liquidations. To give a single guideline to Insolvency and Bankruptcy related issues, the Indian Insolvency framework went through a complete upgrade blending a couple of past guidelines (merging of 13 existing laws).

INSOLVENCY & BANKRUPTCY CODE, 2013

Meaning – Insolvency generally occurs when a person is unable to pay their debts to the creditor at the expected time frame. Bankruptcy, on the other hand, occurs when a court of competent jurisdiction declares a person or a business insolvent and issues necessary instructions to rectify the situation and safeguard creditors’ interests. Bankruptcy is a legal process by which an insolvent borrower seeks relief from his or her creditors.

Evolution – A statute was passed in 1828 that marked the commencement of insolvency-related law in India. In 1848, the Indian Insolvency Act established a division between traders and non-traders. There was no legislation dealing with insolvencies in non-presidency districts until 1907. The new Companies Act was approved in 2013, making several modifications to the corporate insolvency procedure.¹ Chapter XIX of the Firms Act of 2013 dealt with the resurrection and rehabilitation of ill companies. This chapter has been removed since the IB Code now covers the full revival/rehabilitation method or mechanism. The Insolvency and Bankruptcy Code, 2016 consists of 255 sections (divided into 5 parts) and 11 schedules. At this point, the IBC is the main regulation that oversees indebtedness, insolvency, and the recreation of failed organizations, reducing the job of earlier regulations.

FUNCTIONS & PROVISIONS OF IBC, 2016

The 2016 Code lays out a period-restricted strategy for settling indebtedness. At the point when a debt holder defaults on an installment, loan bosses hold onto responsibility for the debt holder’s resources and have 180 days to settle the indebtedness. To guarantee that the goal cycle chugs along as expected, the Code awards debt holders’ resistance from banks’ goal claims during this time. The Code likewise unites components from existing regulation to give a solitary scene to borrowers and lenders, all things considered, to address bankruptcy.

The IBC, 2016, specifies a Rs 1 crore least boundary for starting the pre-packaged bankruptcy goal strategy. It considers the excusal of simultaneous bankruptcy goal process and pre-packaged indebtedness goal process petitions documented against a similar corporate borrower. Punishment for starting a pre-packaged liquidation goal strategy deceitfully or malignantly to misdirect others, as well concerning the fake organization of the corporate indebted person during the cycle. Offenses including the pre-staging insolvency goal strategy are culpable.

RELATION OF NCLT WITH IBC

In contrast to concerns expressed during the IBC’s creation and later talks regarding the difficulty of quickly installing adjudicating capability, the NCLT is capable of fulfilling the job of adjudication under the IBC. While the NCLT’s present operation has defied expectations from previous insolvency cases, there are clear gaps between how the NCLT operates under the IBC and what is intended by the statute.² The empirical investigation on whether the NCLT is able to provide judgments within the timeframes required by law, as well as if the judgments are consistent with the function envisioned by the legislation, reveals that there exist gaps. From an adjudicating authority for the Insolvency redressal process of companies and individuals to the power prescribed to NCLT, it can be said that NCLT plays the most important role under IBC. It provides simplicity for financial creditors, operational creditors, and corporations to collect money from debtors.

PROCESS OF INSOLVENCY RESOLUTION

Corporate Insolvency Resolution: During the resolution of Corporate Insolvency, the creditor should record an application with the NCLT for starting bankruptcy redressal procedures. The NCLT will be expected to either acknowledge or dismiss the application within 14 days of documenting the application. When the application has been acknowledged by the NCLT, the administration of the indebted person is suspended and the transitional power, selected by the NCLT and alluded to as the ‘break indebtedness goal proficient’ assumes control over the administration of the corporate debt holder. Further, as soon the application for CIRP is conceded by the NCLT, a ban produces results on the corporate indebted person, which forbids the continuation or commencement of any legal actions against the debt holder, the exchange of its resources, or the requirement of any security interest. Within 30 days of the NCLT admitting the application for CIRP, the interim resolution expert reviews the creditors’ claims and forms the creditors’ committee. The panel of loan bosses then, at that point, names a free individual as the goal proficient, alluded to as the Insolvency Resolution Professional (‘IRP’) to assume control over the administration of the corporate borrower for the rest of the CIRP. Within 180 days of the commencement of the CIRP, the IRP is expected to draw up a goal plan for the restoration of the corporate borrower. Such an arrangement should be supported by lenders holding no less than 75% of the obligation of the corporate account holder.³

CASE LAWS – IBC

In Aditya Enterprises vs Rajratan Exim Pvt. Ltd.⁴, due to the non-payment of a debt owed to them by a corporate debtor, Aditya Enterprises applied. The adjudicating body stated that just receiving a loan cannot be considered an operational/financial obligation; nevertheless, the purpose of the loan is equally significant. Because the receipt makes no indication of the corporate debtor taking the loan for commercial purposes. The presence of a disagreement does not preclude the occurrence of a default; there is no indication that a due date exists.

In Sree Metaliks Limited and another V. UOI and Anr.⁵, The petitioner had challenged Section 7 of the 2016 Insolvency and Bankruptcy Code, as well as the provisions governing it, in the 2016 Law of Insolvency and Bankruptcy (Application to the Adjudicating Authority). In a petition lodged under section 7 of the IBC, the petitioner contended that IBC 2016 did not provide any chances to hear from a corporate debtor. The Calcutta High Court stated that the necessity for NCLT and NCLAT to follow natural justice principles may be found in Section 7(4) of the Code and Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. It was decided that the NCLT must provide the financial debtor a reasonable chance to present his or her case before admitting the petition filed under Section 7 of the Code.

In Bank of Baroda V.Rotomac Global Pvt. Ltd and Rotomac Exports Pvt Ltd⁶ The COC was suggested by the resolution professional for a 90-day extension of the CIRP. The COC, on the other hand, voted against it. As a result, the RP filed for the corporate debtor’s liquidation. The Competent authority held that the resolution to extend CIRP failed because no resolution plan was submitted within 180 days of the program’s start. As a result, the liquidation of a corporate debtor was acknowledged.

CONCLUDING OBSERVATIONS

Since the inception of the Insolvency and Bankruptcy Code in 2016, the issues relating to creditors and debtors have vastly improved. It has recognized the competent authority for the implementation of more efficient laws since the existing insolvency legislation does not demonstrate reliability due to issues such as delays in appointment and permissions, stock of non-performing assets, and so on. It needs to strengthen the process by attracting a broader variety of strategic purchasers who are prepared to bid on assets and present resolution plans following the code. It can also improve by putting in place more and more effective Asset Reconstruction Companies to help with dispute settlement.

References:

1. https://housing.com/news/ibc-insolvency-and-bankruptcy-code/
2. https://journalsofindia.com/nclat-ibc-and-companies-act/#:~:text=Its%20role%20under%20IBC%3A%20NCLT%20is%20the%20adjudicating,or%20operation%20creditors%20or%20the%20corporate%20debtor%20itself.
3. https://gamechangerlaw.com/ibc-2016-overview-of-the-insolvency-and-bankruptcy-code-2016/
4. https://indiankanoon.org/doc/33528420/
5. https://indiankanoon.org/doc/164560992/
6. https://www.soolegal.com/rc/bank-of-baroda-vs-rotomac-global-pvt-ltd-and-roromac-exports-pvt-ltd-cp-no-ib-70-ald-2017-with-ca-no-74-2018-

Written by Hemant Bohra student at School of Law, Lovely Professional University, Punjab.

All individuals who have been a victim of crime have had themselves and their families affected, significantly making monetary misfortunes to the people in question. And the effect of these crimes and wrongdoings on the people in question and their families goes from genuine physical and mental wounds to perpetual aggravations. These consequences should immediately be changed and adhered to by giving care and attention to those affected through several measures and laws, giving them simple admittance to equity. Even if they have observed help and help from their family, clan, or the local area, they have, all things considered, stayed “failed to be a remembered individual” in the criminal justice administration system.

DEFINITION OF VICTIM

Within the Indian legal framework, the term victim is defined under Section 2(wa) of the CrPC, 1973 as ‘individual who has endured hurt, either physical or mental injury, torment, financial misfortune or infringement of their freedom, through acts or oversights viewed as violative of Indian criminal regulations including those regulations that endorse criminal maltreatment of influence’. The U.N Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, on 29 November 1985 gave an extensive definition to the victim ‘as a person who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that are in violations of criminal laws operative within member states, including those laws proscribing criminal abuse of power’.

INDIA’S CRIMINAL JUSTICE ADMINISTRATION SYSTEM

The law enforcement framework which India has adopted stems from what the British called the ‘adversarial legal system’. The working of the Indian law enforcement framework relies upon the four support points and these four points of support are police, prosecution, judiciary, and the correctional institutions. For fair and speedy outcomes, these four points of support need to work actually by coordinating one another. The two primary criminal laws of India are the Indian Penal Code, 1860 which characterizes the offense and gives its discipline and the other is Code of Criminal Procedure, 1973 which recommends the technique for examination, indictment, and a criminal preliminary. The middle has the ability to make regulations and change criminal regulations under the Seventh Schedule of the Indian Constitution. However, it is mostly catered to the rights of the accused and altogether ignores that of the victim in the delivery of justice.

DIFFERENCE BETWEEN THE RIGHTS OF THE ACCUSED AND THE VICTIM

There seems to be a mismatch when it comes to the protection of the accused and the victim. If anything, it appears that the Indian Criminal Justice System has more rights reserved for the accused. This includes different privileges, safeguards, and shields given by the Code of Criminal Procedural Law like the right against self-incrimination, the presumption of innocence, the right to legal assistance, and the others like the ‘right to fair trial’ such as the standard of proof beyond a reasonable doubt, right of the accused to be informed of charges before the trial and the right to a lawyer and be defended, etc. Even the accused is heavily guarded under Articles 20, 21, and 22 of the Constitution.

Thus, it has been said many times that the victim’s role is merely reduced to being a ‘witness’ and has limited rights during criminal proceedings. A case example can be Parvinder Kansal vs State of NCT of Delhi (2020), where the father of the deceased son gave an appeal to enhance the imprisonment sentence of the accused but it was denied on the ground that the victim does not have such right to do so regarding the present provisions in the CRPC. Prior to this, there were recommendations given by the Malimath Committee and the Law Commission, where the legislature inserted a provision in section 372 of the Code through the Amendment Act of 2008 to provide victims their right of appeal and again the National Commission of Women to seek enhancement of appeals.

RIGHTS FOR THE VICTIMS

The definition of the victim provided under the CRPC proves to be insufficient and restricted comparatively to one given by the UN Declaration adopted by the General Assembly. The rights defined for the victim under this includes access to justice and fair treatment, Compensation, Victim’s assistance inter alia, for countries to have a guideline to trace. But India’s system has barely been touching these minimal standards and norms.

It was after many studies about whether victims who have been compensated were satisfied or not like in cases of gang robbers, motor accidents, etc. Issues regarding women victim issues led to mobilizations and protests in the past years resulting in amendments and numerous organizations being formed and introduced like protection of women against acid attacks (Sec. 326A20 and 326B21), voyeurism (Sec. 345C), stalking (Sec. 345D) and sexual harassment (Sec. 345A), and expanded the definition of rape (Sec. 375) under the Indian Penal Code as an addition to the existing
the victim’s right to compensation.

CONCLUSION

Considering the fact that India follows a Common Law system where it is subjected to transformations based on the context and case situations, it is not surprising to determine that the accused is sometimes labeled as a ‘victim’, therefore multiple rights are conferred to them. Keeping that aside, the scenario of the accused having more rights than the victim itself should not be ignored where the system should give importance, if not more to the victim.

However, it is important that the system comes up with different acts and comprehensive plans and programs to cater to the needs of the victim. This can be done through emotional and financial assistance. The support points of law enforcement which are the police, lawyers and prosecutors, NGOs, etc. should be effective in their field of work and correct the flaw of delay. Corresponding to commendable actions taken by the system sometimes, more distributions should be made to the study of ‘victimology’ for expansion so that further steps can be ventured into protecting
the victims.

Written by Tingjin Marak, a student at Ajeenkya DY Patil University, Pune.

ABSTRACT

The article makes a sincere effort to capture the journey and improvements made under the Motor Vehicles Act which was first enacted on 1st July 1988 and thereupon amended in 2019 by the act of parliament.

INTRODUCTION

Transportation acts as a vital pillar of the social infrastructural development of any country. In a developing country like India, cheap and efficient means of transportation boosts connectivity. Connectivity aids uniform and cost-effective distribution of goods and services thereby spurring economical development. In such a state of affairs, the development of a robust grid of transportation networks assumes a center space. In the Indian sub context, road transportation is the most sort after category for commercial and personal transportation.

Hence, the need for the development of road transportation was felt hard, keeping in mind the benefits of connectivity. The compelling push for the development of road transport infrastructure combined with the increasing gross income of average middle-class Indian due to economic prosperity led to drastic demand for motor vehicles ranging from commercial ones such as trucks, lorry, etc. to personal ones such as cars, bikes, etc. The effect of this fundamental shift led to the dotting of the national roads with an increased number of motor vehicles culminating in congestion of roads, increased no of road accidents, vehicular crimes, noise pollution, instances of careless and rash driving, etc. all indicating acute need for due and systematic regulation of road traffic.

LEGISLATIVE FRAMEWORKS

A. The Motor Vehicles Act 1988
The Motor Vehicles Act, 1988 ¹ is comprehensive legislation that caters to the needs of providing an effective framework for management and regulation of the vehicular road traffic, minimization of road accidents, and enhancement of road safety. The act was enacted by the parliament and came into force on 1 st July 1989. It replaced Motor Vehicles Act,1939, which earlier replaced the first such enactment Motor Vehicles Act,1914. The Act laid down the detailed provisions relating to the motor vehicles laws and chalked out efficiently even the minutest details such as eligibility, requirements, suspension and disqualification of driving license and learners license, registration of vehicles, permits, insurance, claim tribunals, traffic rules, appeals, compensation, etc. Furthermore, the act provides a vast array of penalties for the violation of traffic rules.

Key Features
1. Object

• The main object of the act was to take care of the increasing number of both commercial vehicles and personal vehicles in the country.
• It sought to encourage the adoption of high-end technology in the automotive sector so as to provide for greater connectivity at affordable prices.
• To lay down road safety standards, pollution control measures, and standards for the transportation of hazardous and explosive materials.
• To lay down procedure and policy so as to liberalize the entry and operation of the private sector in the road transport field which was earlier dominated by the presence and participation of the government sector.
• To lay down parameters and standards for the manufacture and use of motor vehicles parts so as to curb vehicular emissions and protect the environment.
• To provide a mechanism for registration and licensing of newer types of personal and commercial vehicles.
• To chalk out an effective mechanism for tracking down traffic offenders.
• To entail greater flow of passengers and freight with the least impediments so as to address the concerns of transportation dysconnectivity and isolation which led to the creation of regional or local imbalances, thereby leading to economic dysfunction.
• To protect consumers’ interest in the Transport Sector and provide a speedy remedy for adjudication of consumer disputes who had to previously go for the long-drawn procedures of the civil suits as is required under Fatal Accidents Act, 1855.
• To provide for the establishment of claims tribunals for adjudication of compensation to be given to the victims of accidents involving motor vehicles and insurance of the vehicles.

2. The centerpiece of this act was the formation of a comprehensive adjudication mechanism for grant of compensation to the victims of road accidents, as earlier, due to the lacunae of previous legislations, the drivers could escape their negligence and were not held accountable for their actions. The MV Act 1988 provided a vent for the speedy redressal of the above disputes and added to the cause of innocent victims.

3. Section 3 of the Motor Vehicle Act made it mandatory for a driver of the motor vehicle to have a valid driver’s license i.e. DL for driving at any public place which shall be issued to him by the authorizing officer. A DL or learner’s license is valid and effective throughout India.
Furthermore, no vehicle can be driven without obtaining a valid registration certificate under the motor vehicles act. The registration certificate so issued shall be valid from the date of issuing to the next fifteen years which can be further renewed for five more years.

4. Section 4 of the MV Act prescribes the age criteria for driving motor vehicles as per which people under the age of eighteen years and people under the age of twenty years shall not drive a motor vehicle and transport vehicle respectively in any public place. However, a person aged 16 years or more may drive a motor vehicle in a public place with an engine capacity of less than 50cc.

5. Section 6 prescribes restrictions for holding of more than 2 DLs except in the case of learners license or holding of central government vehicle license or others if any, as prescribed by law.

6. Section 8 enumerates the conditions for granting learners licenses. Learners so granted shall be effective for a period of six months from the date of its issuance.

7. Section 9 deals with the grant of a driving license. A DL granted under Section 9 shall be valid for a period of 20 years or until the age of 40 years of the applicant; whichever is earlier and in case of transport vehicle, the DL shall be effective for a period of 3 years. Section 15 is regarding the renewal of driving licenses.

8. Section 19 enumerates about disqualification or revocation of DL by licensing authority after giving reasonable opportunity of being heard to the holder of DL.

9. Section 26 provides for maintenance of a State Register of Driving Licenses, in respect of driving licenses issued and renewed by the licensing authorities of the State Government.

10. Section 146 of the Act makes it mandatory to insure motor vehicles.

11. The Motor Vehicle Act 1988 covers various offenses for the contravention of the rules mentioned therein and lays down penalties for the violation of the same such as Section 39 provides a penalty for not having a valid registration certificate of the vehicle, Section 129 for riding without a helmet, Section 184 for over-speeding and doing rash driving, Section 138(3) for driving the vehicle without fastening seat belt and many more.

B. The Motor Vehicles Amendment Act 2019-
With ever-growing modernization and globalization, a significant pattern of change in the behavioral use of vehicles became evident in 21 st century especially after the year 2010. Instances of reckless and rash driving, violation of traffic rules such as nonuse of helmets, seat belts, use of unregistered vehicles and permits, etc. became rampant and common. The paltry and meager amount of penalties prescribed under the Motor Vehicles Act 1988 for the violation of rules mentioned therein fell acutely short to deter those violations and further perpetuated the careless and reckless attitude of the people. It was in this background that the Motor Vehicles Amendment Act² was enacted and passed by the parliament on 31 st July August 2019. The Act has been in force since 1 st September 2019 and seeks to amend some of the provisions of the Motor Vehicles Act 1988. It aims to make the roads safer and bolster the regulations in order to deter violations of the traffic norms. The act provides for a manifold increase of penalties for the violation of traffic rules, recall of defective vehicles, provisions for the protection of good Samaritans, the constitution of National Road Safety Boards, and a host of other reforms.

Key Features:
1. Compensation for victims of road accidents:
In the context of hit and run cases, the act has significantly increased the fixed minimum amount of compensation to be given in cases of deaths from Rs 25,000 to Rs 2 Lakh, and in cases of grievous injury, from Rs 12,500 to Rs 50,000.

2. Recall of vehicles:
The Act provides for recalling of those defected motor vehicles by the central government which may cause harm to the environment, or to the common people in general.

3. Creation of Road Safety Boards:
The amended Act prescribes the establishment of National Road Safety Boards which will be created by the central government in order to advise the central and state governments on all aspects of road safety and traffic management.

4. Increment in the quantum of fines ³
i. The amended Act has increased the fine for drinking and driving 5 times the penalty prescribed under the older Act from Rs 2,000 to Rs 10,000 along with imprisonment of 6 months. Consequent repetition of drinking and driving would lead to a fine of Rs. 15,000.
ii. Fine for rash driving is now increased from Rs 1000 to Rs. 5000 under the amended act.
iii. There has been a colossal increase of 10 times in the fine for driving without DL which now stands fixed at Rs 5000 in contrast to the earlier chargeable amount of Rs.500.
iv. The amended act introduced a new category of offenses by the Juveniles as per which the Guardian of the Juvenile, who would be the owner of the vehicle will now be fined Rs. 25,000 and up to Rs 3 years of imprisonment for contravention of traffic rules by the Juvenile and the Juvenile shall be tried accordingly under the Juveniles Justice Act. Furthermore, in such cases of contravention and conviction of the juveniles, registration of Motor Vehicles shall be canceled.
v. The amended Motor Vehicles Act lays down standards for the manufacture of motor vehicles parts, the contravention of which would result in a fine of up to Rs 100 crore, or imprisonment of up to one year, or both to the manufacturers of such motor parts.
vi. Section 196 of the amended Motor Vehicle Act, 2019 prescribes a fine of Rs 2000 for driving the vehicle without Insurance.
vii. Section 194 D of the amended Act prescribes a fine of Rs 1000 for riding without helmets and disqualification of license for up to 3 months.
vii. Driving without a seat belt will now be fined at Rs. 1000 under section 194B of the amended Act.
ix. Fine for speeding/racing has now been increased from Rs 500 to Rs 500.
x. Fine for driving vehicles without a permit has been increased from Rs.5000 to Rs. 10000 and fine for over-speeding have been increased from Rs 400 to Rs 2000.
xi. Under section 194 E of the Act; not providing a way for emergency vehicles e.g. ambulances will now cost up to Rs 10,000.

CONCLUSION

The Motor Vehicles Act 1988 was enacted with the objective of improving road traffic management and safety; enhancing the regulatory mechanism of licensing and registration, and minimizing road accidents. However, the compelling forces of modernization of 21 st century made many provisions of this act inconsistent and obsolete with the pace of development of current times, thereby leading to a lack of deterrence and perpetuation of irrational and reckless behavior as regards traffic etiquettes. This led to the enactment of the Motor Vehicles Amendment Act 2019 that sought to take care of the lacunae created due to the inconsistency of the previous Act by systematic consolidation and amendment of the previous Act, thereby prescribing a host of rigorous punitive and improvising measures.

References:

1. https://legislative.gov.in/sites/default/files/A1988-59.pdf
2. https://egazette.nic.in/WriteReadData/2019/210413.pdf
3. https://prsindia.org/billtrack/the-motor-vehicles-amendment-bill-2019

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

About The Walt Disney Company:

The Walt Disney Company, together with its subsidiaries and affiliates, is a leading diversified international family entertainment and media enterprise with the following business segments: media networks, parks and resorts, studio entertainment, consumer products and interactive media. From humble beginnings as a cartoon studio in the 1920s to its preeminent name in the entertainment industry today, Disney proudly continues its legacy of creating world-class stories and experiences for every member of the family. Disney’s stories, characters and experiences reach consumers and guests from every corner of the globe. With operations in more than 40 countries, our employees and cast members work together to create entertainment experiences that are both universally and locally cherished.

This position is with Star India Private Limited, which is part of a business segment we call Star.

About Star:

Star India has defined the Indian media landscape for over two decades and today is one of the country’s leading media conglomerates, reaching approximately 650 million viewers a month across India and more than 100 other countries. Star generates 20,000 hours of content every year and broadcasts 40+ channels in 8 different languages, reaching 9 out of 10 C&S TV homes in India. The network’s entertainment channel portfolio includes Star Gold, Channel V, Star World, Star Movies, Star Utsav, Life OK, Movies OK and Star Plus, India’s No. 1 Hindi General Entertainment Channel. It has a leading presence in regional broadcasting as well, through a bouquet of affiliate channels which includes Star Jalsha, Jalsha Movies, Star Pravah, Asianet, Asianet Plus, Suvarna, Suvarna Plus, Vijay and now Maa. It is also present in the Indian movie production and distribution space through Fox Star Studios, an affiliate joint venture company.

Job Summary:

OVERVIEW OF THE COMPANY: Star India has defined the Indian media landscape for more than 30 years, and today is one of the country’s leading media conglomerates, reaching around 700 million viewers a month on TV across India and over 100 other countries. Star India’s channel portfolio cuts across general entertainment, films, sports, infotainment, kids, and lifestyle content across eight languages. The network generates over 20,000 hours of content every year and broadcasts 70+ channels, reaching 9 out of 10 C&S TV homes in India. The Star Sports network is one of the leading sports networks with 17 channels in its bouquet. It is home to a number of leading domestic and international sports and is making quantum leaps in transforming sports in the country, helping India become a multi-sporting nation. Disney+ Hotstar, India’s largest premium streaming platform has changed the way Indians watch their entertainment – from their favourite TV shows and movies to sporting extravaganzas. With the widest range of content in India, Disney+ Hotstar offers more than 100,000 hours of TV Shows and Movies in 8 languages, regional and national News, and coverage of every major global sporting event, including the IPL. The company is present in the Indian movie production and distribution space through Fox Star Studios. The studios is also responsible for the marketing and distribution of its Hollywood slate in the country. For more details visit us at http://www.startv.com/

JOB DESCRIPTION

KEY RESPONSIBILITIES

• Drafting and vetting of program & film production related contracts, film & program distribution and syndication contracts, rights licensing contracts, , Artist Agreements, , Content  Acquisition Agreements (Films and Programs) , Marketing Agreements,  and all other miscellaneous agreements
• Conduct due diligence of movies to be acquired.
• Providing legal assistance related to legal cases from time to time.
• Do legal research.
• Drafting rules and regulations for all the marketing contests for consumer engagements and activities which are held on our channels, from time to time; all documents pertaining to  reality shows.
• Draft legal notices/responses etc. from time to time.
• Assist in litigation pertaining to the business.

​PERFORMANCE MEASURES

• Adhere to set timelines
• Risk mitigation
• Ability to coordinate across various functions, understand the business needs, identify legal issues and timely escalation  

QUALIFICATIONS

• LLB with 5 years of experience preferably in Media and Entertainment, Telecom, IT, ITeS, ISP, Internet, retail Sector
• At least 2-3 years of experience in a top tier law firm is preferred
• preferred from top tier law schools, such as the National Law schools, ILS Pune, Symbiosis, Pune.

KNOWLEDGE AND SKILLS

• Demonstrate (hands on experience) in contract drafting, good negotiation, and execution skills i.e., ability to draft, negotiate and close transactions independently
• Good contract drafting skill sets.
• Good knowledge of Contract Act 1857, Copyright Law and Trademark laws, Cable Television Networks (Regulation) Act1995, TRAI Regulations
• Well versed with various content regulation such as the Self-Regulation Code framed by the IBF and the BCCC Guidelines, the ASCI, NCPCR guidelines, Should have excellent research skills.
• Good communication skill sets required

PERSONAL ATTRIBUTES

• Should be focused and goal oriented.
• Effective communication skills and good command over English (both oral and written) and the ability to interact  with people across all levels in the organization. Good organizational and interpersonal skills, including ability to work effectively in  a fast-paced dynamic business environment
• Should be pro-active and a team player.

We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, gender identity, disability, protected veteran status, or any other characteristic protected by law. We will consider for employment qualified applicants with criminal histories consistent with applicable law.

For regular updates, join us:

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

Basic Function

To assist the Legal Function. Should be capable of handling multiple legal assignments and ensure minimization of legal risks to the organization. Meeting deadlines with minimum turnaround time in handling legal matters.

Essential Functions

Support and collaborate with EXL Legal team in:

1) Contracts:

Reviewer/ negotiator for commercial agreements, including client Master Services Agreements, SOWs/ Work Orders, Vendor Contracts, Facility Leases, Software License Agreements, Service level agreements, NDAs and RFPs.

Ensure legal risks are addressed while balancing business needs and objectives.

Ensure contracts are negotiated within EXL contracting standards, while facilitating deal-to-deal specific exceptions and customizations and pro-actively working with Business team members to creatively solve issues.

2) Indian law issues: Legal research and responding to legal queries facing the Indian entities, covering all local laws and regulations. Supporting the corporate secretarial team from time to time.

3) Employer Employee relationships: Handling employee matters, researching and advising on applicable laws concerning employment, providing trainings, answering legal queries and satisfactory resolution of employment issues.

4) Managing and driving company litigation in India, across the board.

5) Specific Projects: Assist with Special Projects as the need arises to support the businesses strategic growth while keeping within the acceptable risk profile. Ability to take ownership of projects and “run with them” to completion.

6) Talent Management: Conducting training and awareness sessions on upcoming legal and compliance areas. Ensure team engagement; provide team development, orientation and mentoring. Continue to build and improve processes to minimize team conflicts.

Link to Apply

https://www.linkedin.com/jobs/view/2673513529

For regular updates, join us:

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Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Job Purpose

• Independently advise and handle legal issues relating to all aspects of the Bank’s business, commercial and finance operations in accordance with best practice methods to ensure the Bank’s interests are fully protected and to mitigate risk and minimize exposure to litigation.
• Co-ordinate and liaise with external counsel to obtain advice (in a cost efficient manner) on particular legal matters and issues.
• Negotiate contracts, advise and manage legal aspects of corporate, commercial and finance transactions on behalf of the Bank.

Key Result Areas

• Reviewing, drafting of documentation relating to corporate and banking facility agreements, finance security documents, Islamic finance documents and commercial arrangements including, but not limited to, credit facility agreements, pledge and mortgage agreements, services agreements, syndication agreements, escrow trust account agreements, supply agreements, joint venture agreements, shareholders agreements, articles of association, all types of letters of credit, bonds and guarantees, pursuant to Loan Market Association or other internationally accepted standards, as may be relevant and applicable.
• Advising on legal and regulatory matters pertaining to the Bank with respect to the Central Bank and other governmental authorities (Economic Department, Emirates Securities and Commodities Authority, Freezone Authorities, etc.) local agencies and public authorities.
• Keeping abreast of all legal developments and other official practices and procedures in the UAE and GCC generally on a continuing basis, reviewing legal manuals and reports, court judgments and amendments to various statutes and legislation, promulgation of new laws, regulations, presidential and ministerial decrees, by-laws and relevant orders.

Knowledge, Skills And Experience

• Law graduate with 6–10 years of post-qualification legal experience in the corporate/commercial/finance practice areas (litigation experience would also be a plus) as a member of a national/international law firm and /or legal department of a bank, preferably in the United Arab Emirates.
• Well versed with good practical working knowledge of the laws of the UAE is essential especially corporate/commercial/banking laws and regulations of governmental authorities (Central Bank, Emirates Securities and Commodities Authority, Real Estate Regulatory Authority and other similar bodies)
• Experience in litigation and in handling legal cases and filing precautionary attachments before the courts and public authorities would be an added benefit.
• Ability to work efficiently under pressure and to handle several matters at the same time.
• Ability to think commercially and outside “the box” and to adopt analytical solutions to problems.
• Individual should approach assignments with a sense of enthusiasm and purpose.
• Individual should demonstrate agility and be fully committed to quality and service levels.
• Good command of English.
• Computer literate.

Link to Apply

https://www.linkedin.com/jobs/view/2674319574

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About us

Sea Limited (NYSE: SE) is a leading global consumer internet company founded in Singapore in 2009. Our mission is to better the lives of consumers and small businesses with technology.

We operate three core businesses across digital entertainment, e-commerce, as well as digital payments and financial services, known as Garena, Shopee, and SeaMoney, respectively. Garena is a leading global online games developer and publisher. Shopee is the largest pan-regional e-commerce platform in Southeast Asia and Taiwan. SeaMoney is a leading digital payments and financial services provider in Southeast Asia.

Job Description

You will be supporting on all India tax matters, overseeing the full spectrum of tax matters.

Job Responsibilities

• Responsible for India tax matters covering direct tax, indirect tax and transfer pricing
• Ensure the compliance of local tax requirements, including the review and/or preparation tax returns where appropriate and coordination with external consultants
• Coordinate and prepare transfer pricing documentation to ensure compliance of local transfer pricing regulations
• Act as a business partner to various teams (e.g. legal, finance, operations) in terms of contract negotiation, review and implementation.
• Monitor effective tax rate and ensure adequate current tax provision and deferred tax positions
• Assess and ensure local entities’ operations are aligned with the group tax policies
• Assist with research and implementation of various tax strategies and make appropriate recommendations from a tax perspective. This includes working closely with stakeholders to understand the tax impact of business operations and ensure that tax needs are identified, considered and communicated.
• Identify and implement tax digitization and automate tax processes 
• Following tax digitalization trends and tax policy changes and highlight developments which have a current / future direct impact on our operations
• Manage tax disputes and resolutions with close collaboration with finance teams
• Maintain strong relationship with internal and external stakeholders e.g. tax authorities, consultants, etc.

Requirements

• Bachelor’s Degree in Accounting or Law from a recognized university, or professional qualification in tax
• Around 5-8 years of relevant local tax experience
• A combination of both Big 4 firm and commercial exposure is an advantage
• Experience in tax within the digital technology industry is an advantage 
• Strong corporate income tax exposure with good knowledge in indirect tax and transfer pricing
• A proactive and can-do attitude with an eye for details. Applicant should be hands on, be a good team player and have good problem-solving skills.
• Ability to multi-task and project manage multiple workstreams and deliver under pressure

HOW TO APPLY

https://sea.zohorecruit.com/jobs/Careers/536371000013492356?source=LinkedInApplication

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About the Facebook Company

Facebook’s mission is to give people the power to build community and bring the world closer together. Through our family of apps and services, we’re building a different kind of company that connects billions of people around the world, gives them ways to share what matters most to them, and helps bring people closer together. Whether we’re creating new products or helping a small business expand its reach, people at Facebook are builders at heart. Our global teams are constantly iterating, solving problems, and working together to empower people around the world to build community and connect in meaningful ways. Together, we can help people build stronger communities — we’re just getting started. Facebook is committed to providing reasonable support (called accommodations) in our recruiting processes for candidates with disabilities, long term conditions, mental health conditions or who are neurodivergent, and to candidates with sincerely held religious beliefs or requiring pregnancy related support. If you need support, please reach out to accommodations-ext@fb.com.

About Job

Facebook is seeking an experienced leader to manage and execute relationships with its stakeholders in the government, political and regulatory ecosystem of India. This includes but is not limited to electoral candidates, political parties, elected officials, policymakers, governments, election commissions and civic partners. The role will support partners with how to adopt best practices of the platform with a focus on its integrity efforts. It will serve as one of Facebook’s external outreach representative working with policy makers, regulators and elected representatives and their teams. The role within the Policy Programs team will help drive strategy, coordinate & execute programs, convey policy positions and hold capacity building interactions with various ministries and other multiple stakeholders such as senior officers of the government and civil society organisations. From running training programs to ensuring the stakeholders are using Facebook in a responsible manner, this person will be the point person for majority of Facebook’s external engagements. This role will also be a part of the team driving elections strategy and will be working with internal teams on driving election integrity efforts in the country. This is a full-time position and will be based in our New Delhi office. The role will report to the Head of Programs in the India Public Policy team.

Public Policy Manager, Politics & Government Outreach Responsibilities

• Support & lead on policy programs initiatives in order to create maximum impact and build support amongst stakeholders
• Initiate, organise and manage campaigns, projects and initiatives across different external stakeholders
• Be an external representative/expert for Facebook in the politics and government space
• Work with internal cross-functional teams to build high-impact civic programs – during election and non-election times
• Work closely with the elections project managers during elections to develop the engagement strategy with candidates, political parties, election commissions and other partners
• Built strategy and execution plans in order to collaborate with partners to develop innovative and high-impact social integrations
• Help build support for Facebook’s policy positions and develop content to articulate Facebook’s policy and regulatory issues
• Assist in building and creating collateral on how to use Facebook for government, politics and civic engagement as well as best practices
• Track, analyse and communicate quantitative metrics and business trends as they relate to Facebook use amongst governments and politicians
• Work across a variety of teams from Product, Policy, Legal, Comms and Marketing, diverse global government affairs team with ability to coordinate across regions, product areas, and functions

Minimum Qualifications

1. A Masters degree in liberal arts, law or public policy will be preferred
2. 8+ years work experience in engaging with policy makers, elected representatives and regulatory institutions
3. Fluency in English & any one regional language
4. Work experience with focus on building and implementing digital initiatives and partnerships
5. Familiarity with the social media landscape with a special focus on current affairs
6. Project management experience including cross-functional projects on deadline
7. Presentation experience, and experience serving as a spokesperson
8. Ability to think strategically about complex issues, leading to thoughtful recommendations and action plans
9. Ability to work effectively and swiftly with all levels of management, both internally and externally

How to Apply-

https://www.facebook.com/careers/resume/?req=a1K2K0000030cksUAA

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About OML

OML is a new media and entertainment company that partners with creators to build content, IPs & live experiences that impact culture and help brands come closer to consumers. Headquartered in Mumbai with teams in Russia, Poland & Thailand, OML was founded in 2001 to book and manage artistes across all genres of entertainment. Today our operations span a prolific and award-winning content studio that packages and produces shows for OTT platforms, live events production and a global brand solutions business. 

From the beginnings of OML as an artist management agency to the advent of modern-day content marketing, we have helped our clients thrive in the face of disruption while setting trends in talent representation, marketing and sponsorship; inspiring industry change in events and licensing; and helping reshape the digital landscape. As technology further shifts the balance of power in media and puts more power in the hands of the creator, OML is uniquely positioned to create opportunities for our clients and partners around the globe. 

Key responsibilities

• Internship programme of minimum three (3) months as a full time Intern
• Drafting all related documents such as letters, MOUs, Agreements etc.
• Legal Data Library Management
• Legal Research
• Liasoning with inter and intra departments
• Proof-reading legal documents
• Regular S&P checks of scripts, dialogues and audio-visual content

Qualifications and Prior Experience

• Previous internships in Media Law firms or Media Companies
• Knowledge on applicable laws such as the Copyright Act
• Quick Learner and passionate about Media Law

Our values

1. We build opportunities for our artists, brands and fans; and it’s important for us to be reliable and efficient 
2. We demonstrate honesty, excellence and commitment to success 
3. ‘It’s not my job’ is not part of our vocabulary, we even stuff envelopes 
4. We make mistakes, but only to learn from them to build resilience 
5. We take care of ourselves and our colleagues 
6. We are our own managers 
7. We are committed to equality and inclusion 
8. We are mindful of the strain on the Earth’s resources and are committed to reversing the trend with our behaviours where possible 

Thank you!

How To Apply

https://oml.freshteam.com/jobs/9XKPNeeVMcsE/legal-intern#applicant-form

Thank you for taking the time to go through the opportunity we have to offer.  

If you apply, please do not share your photo, age, gender, religion or ethnicity in your resume. You do not even need to share your last name.  (We want to eliminate biases on any of these parameters while we decide on our shortlisted candidates)

We will get in touch with you if your profile gets shortlisted.

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About Games24x7:

Games24x7 was one of the first entrants in the gaming industry in 2006 when India started showing the first signs of promise for online gaming. We turned profitable by 2010 in just four years and grew 200x in the next decade. We are a technology-powered analytics and data science company that happens to love games! In 2018-19, the mobile games market in India generated over $600 million in revenues. With close to [600] people in its Mumbai and Bangalore offices, Games24x7 is India’s largest mobile games business today and is very well positioned to become the 800-pound gorilla of what will be a $2 billion market by 2022. While Games24x7 continues to invest aggressively in its India centric mobile games, it is also diversifying its business by investing in the international gaming and other tech opportunities

About the job

Role –

• The candidate must be able to take on the role of Legal Counsel who will principally assist the lead in-house M&A deal lawyer (AVP – M&A)
• Provide support for all aspects of M&A activity, including structuring, due diligence, documentation and closing.
• Assist in legal due diligence on target companies.
• Working on FEMA and securities laws aspects of M&A activity.
• Work with international law firms in cross border M&A activity.
• Engaging with other in-house departments including tax, finance and accounting, secretarial, HR, legal and IT.
• Work with AVP – M&A to assist the corporate development team with respect to developing and executing on integration plans for acquired businesses.
• Engaging with and reviewing the work of outside M&A counsels.
• Providing legal counsel (under guidance of AVP- M&A) on a diverse range of matters related to Corporate Development and the M&A activities of the Company.

Skills and Experience

Candidates should have mandatory corporate M&A experience of at least 2-4 years in a top tier law firm (corporate in-house/PE firm experience in special situation can be considered) covering the following range of activities:

• Conducted legal due diligence on the target companies/vendor due diligences representing the companies
• Advised and assisted in domestic as well as multi-national M&A transactions.
• Worked on transaction structuring; drafting, and vetting of transaction documents (term sheets, investment agreements, share subscription & shareholders agreements, closing related documents etc.).
• Assisted in closing and compliance activities as part of the M&A transaction.
• Worked on memos and opinions on FDI, ODI, share transfer issues involving nonresidents.

Qualifications/Preferences –

• LLB from reputed law college
• Minimum 2-4 years of experience with a reputed top tier law firm or as in-house M&A counsel in corporate entity/PE firm.
• Good drafting and communication skills
• Total PQE of 3-5 years.
• Candidate should be based in Mumbai

How to Apply?

https://www.linkedin.com/jobs/view/2633107798/

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