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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Supreme Court on limitation period in Arbitration

Reading Time: 3 Minutes

Supreme Court in M/s B and T AG vs. Ministry of Defence, held that parties’ merely engaging in negotiations will not postpone limitation period for Arbitration. This Connect highlights the reasoning and judgement passed by the court.

Aug 14, 2023

Calcutta High Court on Regularization

Reading Time: 2 Minutes

The Calcutta High Court in the Raju Mishra case reiterated that it is well-settled legal position that a writ of mandamus cannot be issued directing regularisation of an employee. This Connect highlights the reasoning and judgement passed by the court.

Aug 7, 2023

Karnataka High Court on Data Theft

Reading Time: 2 Minutes

The High Court of Karnataka, in the case of Naveen Kumar R v. State of Karnataka, observed that data thieving has become a serious issue for organisations.

Jul 31, 2023

Calcutta HC on Unilaterally Appointed Arbitrator

Reading Time: 3 Minutes

Calcutta High Court in SREI Equipment Finance Limited, on April 11, 2023, held that an award passed by a unilaterally appointed arbitrator is null and void and cannot be enforced under Section 36 of the Arbitration and Conciliation Act, 1996. This Connect highlights the reasoning and judgement passed by the court.

Jul 24, 2023

Delhi High Court on Applicability of POSH Act

Reading Time: 2 Minutes

The Delhi High Court in the Dr. Sohail Malik case where it clarified that the POSH Act applies to employees from different departments and emphasized on its broad applicability. This Connect highlights the reasoning and judgement passed by the court.

Jul 17, 2023

Gujarat High Court on Termination of Trainee

Reading Time: 2 Minutes

The Gujarat High Court in the Barad Vajesing Rambhai vs. Gujarat Heavy Chemicals Ltd., held that termination of a trainee on the completion of an extended training period does not amount to retrenchment. This Connect highlights the reasoning and judgement passed by the court.

Jul 10, 2023

Supreme Court on Simple Breach of Contract

Reading Time: 3 Minutes

Supreme Court in Sarabjit Kaur v. The State of Punjab & Anr. case, held that a simple breach of contract does not qualify as cheating for purposes of criminal prosecution. This Connect highlights the judgment and reasoning of the court.

Jul 3, 2023

Himachal Pradesh High Court on Maternity Benefits

Reading Time: 2 Minutes

The High Court of Himachal Pradesh, in the case of State of Himachal Pradesh v. Sita Devi, held that maternity leave is a fundamental right under Article 29 (Protection of interests of minorities) of the Indian Constitution. This Connect highlights the judgment and reasoning of the court.

Jun 26, 2023

Gauhati HC on Treatment of Special Allowance

Reading Time: 3 Minutes

The Gauhati High Court, in the Numaligarh Refinery Ltd. and Others vs. Workmen Rep. by The General Secretary, Petroleum Refiners Union, Numuligarh Refinery, Golaghat case, held that special allowance paid to workmen does not form part of the ‘ordinary rate of wages’ while calculating overtime wages. This Connect highlights the judgment and reasoning of the court.

Jun 19, 2023

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