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.

Home / Counselence Connect

Implementing Court Orders

Reading Time: 2 minutes

This Connect provides a brief overview of the Bombay High Court judgment in the Arun Firodiya case wherein it dismissed the criminal writ petition filed by the chairman of Kinetic Engineering Ltd. challenging the lower court’s order for issuance of process against him for non-implementation of the court orders.

Apr 15, 2025

The Principle of ‘No Work No Pay’

Reading Time: 4 minutes

The Allahabad High Court, in the Shivakar Singh case, denied relief to an employee who was in jail for nearly three years and had claimed back wages for the period, on the principle that missing work due to incarceration does not entitle the employee to back wages. The writ petition seeking back wages was rejected. This Connect provides a brief overview of the judgment wherein it applied the “no work, no pay” principle.

Apr 7, 2025

Evidence Proving Employer-Employee Relationship

Reading Time: 2 minutes

The Kerala High Court (HC), in the case of Sakkir Hussain vs Binu Madhu, held that it can exercise jurisdiction over the order of compensation passed by the Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship.

Mar 31, 2025

Writ Jurisdiction Inapplicable to Violations of Service Rules.

Reading Time: 2 minutes

The Madhya Pradesh High Court, in Vikram Singh v. Union of India and others, held that violation of service rules does not fall within the purview of violation of discharge of public functions. Therefore, any action taken by a private company against its employee would not come within the purview of its writ jurisdiction.

Mar 24, 2025

Ahmedabad Civil Court on Resignation Without Serving Notice Period

Reading Time: 2 minutes

An Ahmedabad Civil Court, in Jensen Kobain Solution Pvt. Ltd vs. Mariya Kaushik Rajput case held that an employer is entitled to recover damages from the employee for resigning from her job without serving her notice period, and for her unexplained absenteeism.

Mar 17, 2025

Registration of Identical Trademarks

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Delhi High Court in Broad Peak Investment Holdings Limited v. Broad Peak Capital Advisors.case, wherein it applied the territoriality principle and held that a mark may be well-known name internationally, but that by itself cannot be a ground to assume that there has been a spillover of the reputation and goodwill of the mark in India.

Mar 10, 2025

Courts Must Pass Reasoned Orders in ex parte Proceedings

Reading Time: 3 minutes

The High Court of Kerala, in Sajeevan Swamy case, held that in ex-parte proceedings, the Court can issue an order in favour of the present party only if they prove their rights or the opposite party's liability. This Connect analyses the judgment and reasoning of the Kerala High Court.

Mar 3, 2025

Limited Jurisdiction of POSH Internal Committee

Reading Time: 1 minute

This Connect provides a brief overview of the judgement of the Kerala High Court in the Hareesh M.S. case, wherein it held that Internal Committee cannot proceed with a compliant if the allegations made in it does not constitute sexual harassment.

Feb 24, 2025

Stigmatic Termination Only After Enquiry

Reading Time: 2 minutes

The Chhattisgarh High Court in Yaad Das Sahu v. State of Chhattisgarh and others held even for contractual employment, if any stigmatic order is to be passed, it must be done only after holding proper enquiry and giving due opportunity of hearing to the concerned employee.

Feb 17, 2025

1 2 3 … 25 →