Counselence Connect - Counselence

Counselence Connect

Our newsletter, Counselence Connect, released every week, gives a crisp, succinct update on changes in laws brought about by actions of legislature, government, and courts. Each Connect will be relevant for corporates and would not take more than 5 minutes to read.

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Insufficiently Stamped Document Inadmissible unless Deficiency is Rectified

Reading Time: 3 minutes

The Supreme Court in Bidyut Sarkar case, held that an insufficiently stamped document can only be admitted into evidence after the deficiency in stamp duty and any applicable penalty has been paid. This Connect analyses the judgment and reasoning of the Supreme Court.

Dec 17, 2024

Delhi High Court on Employment Agreements

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Delhi High Court in Lily Packers case, wherein it reinforced the principle that reasonable restrictions on an employee's activities during the employment term are generally enforceable and can be subject to arbitration when an arbitration clause is included in the employment agreement.

Dec 10, 2024

Definition of Workman Explained

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Lenin Kumar Ray case, wherein it explained the definition of workman and its exclusions under the Industrial Disputes Act, 1947.

Dec 2, 2024

Abandonment of Service is Cause for Termination of Employment

Reading Time: 3 minutes

The Supreme Court in Life Insurance Corporation of India & Ors. v. Om Prakash case held that abandonment of service by an employee is a fit cause for termination of his employment.

Nov 25, 2024

Non-Compete Obligations Void upon Contract Termination

Reading Time: 2 minutes

Bombay High Court in Indus Power Tech Inc case, held that while non-compete clauses are valid during an agreement’s existence, they become void after the termination as they restrain trade. This Connect analyses the judgment and reasoning of the Bombay High Court.

Nov 18, 2024

Tenancy Rights not Extinguished Unless Stated in New Law

Reading Time: 3 Minutes

The Supreme Court in Rajesh Mitra alias Rajesh Kumar Mitra and Another v. Karnani Properties Ltd. case held that a new statute cannot retrospectively extinguish rights accrued under a previous law unless there is a clear and unambiguous intention to do so in the new statute.

Nov 11, 2024

Rights of Employers to Transfer Employees

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Divgi Metal case, wherein it upheld employer’s right to transfer its employees based on the terms of their appointment and confirmation letters, even if those terms differed from the statutory Standing Orders.

Nov 4, 2024

Specific Reference to Arbitration Clause in the Case of Multiple Contracts

Reading Time: 3 minutes

Supreme Court, in NBCC (India) Limited case, held that arbitration clause from another contract must be specifically referenced in the main contract for it to apply. This Connect analyses the judgment and reasoning of the Supreme Court.

Oct 28, 2024

Employer’s Liability for Abetment of Suicide

Reading Time: 2 Minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Nipun Aneja case, whereby it clarified the legal standard for abetment of suicide in cases involving official superiors and employer.

Oct 21, 2024

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