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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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

Leave Encashment is a Statutory Right

Reading Time: 2 Minutes

The Gujarat High Court, in Ahmedabad Municipal Corporation vs. Sadgunbhai Semulbhai Solanki case held that depriving a person of their leave encashment which is equivalent to salary violates their constitutional right.

Feb 10, 2025

Mere Registration does not validate a Will

Reading Time: 2 minutes

The Supreme Court, in Leela and others case, held that a will is not deemed valid simply by being registered. Rather, it must be proven in compliance with Section 68 of the Evidence Act, 1872 and Section 63 of the Indian Succession Act, 1925. This Connect analyses the judgment and reasoning of the Supreme Court.

Feb 3, 2025

Once Accepted Voluntary Retirement Cannot Be Cancelled

Reading Time: 2 minutes

The Delhi High Court in Baikuntha Nath Das v. Union of India and Others held that .voluntary retirement cannot be cancelled once accepted.

Jan 27, 2025

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