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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Punjab High Court on Employee’s Minimum Service Requirement

Reading Time: 2 Minutes

In the case of Anil Kumar vs. Presiding Officer, the Division Bench of the Punjab High Court concluded that if an employee fails to resume their duties despite receiving multiple notices from the employer, it can be considered abandonment of employment. The court also ruled that the employer is only obligated to conduct an inquiry into the employee's behavioral issues or absenteeism if the employee has completed a minimum of 240 days of service under the Industrial Disputes Act, 1947.

Jun 12, 2023

Supreme Court on Implementation of POSH Act

Reading Time: 4 Minutes

The Supreme Court of India in the Aureliano Fernandes case while determining the validity of a POSH inquiry, gave directions to all employers to ensure effective implementation of the POSH Act.

Jun 5, 2023

Delhi HC on Employer’s Duty to Constitute Internal Committee under the POSH Act

Reading Time: 2 Minutes

The Delhi High Court in Fauzia Rubbani vs. Delhi Woman Commission & Ors., took a stern view against the employer’s failure to constitute the Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

May 29, 2023

Bombay High Court on Rights of Transgender Persons

Reading Time: 2 Minutes

The Bombay High Court in the case of X v. The Dean, directed educational institutions in Maharashtra to permit transgender individuals to change their name and gender in official documents and certificates.

May 22, 2023

SC on Commercial Purpose under Consumer Protection Act

Reading Time: 3 Minutes

The Supreme Court, in the National Insurance Co. Ltd. v. Harsolia Motors and Others case held that hiring of insurance policy by a company is for indemnification of losses and not for profit generation. This Connect highlights the reasoning and judgement passed by the court.

May 15, 2023

Karnataka High Court On Identification Of Beneficiaries

Reading Time: 2 Minutes

The High Court of Karnataka in the WeP Peripherals case reiterated that the employees’ provident fund officer cannot make a claim for shortfall of contribution without identification of beneficiaries. This Connect highlights the reasoning and judgement passed by the court.

May 8, 2023

SC Invalidates Unstamped Arbitration Agreement

Reading Time: 4 Minutes

The Supreme Court, recently, in N.N. Global Mercantile Private Limited vs. Indo Unique Flame Limited & Others held that unstamped arbitration agreements are not legally valid. This Connect highlights the reasoning and judgement passed by the court.

May 1, 2023

Delhi HC on Interpretation of Inconsistent Clauses

Reading Time: 3 Minutes

The High Court of Delhi in the Sunil Kumar Chandra case held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. It also reconfirmed the legal position that one party cannot choose the arbitrator to resolve disputes between the parties. This Connect highlights the reasoning and judgement passed by the court.

Apr 24, 2023

PROPOSED DIGITAL INDIA ACT

Reading Time: 3 Minutes

The Union Ministry of Electronics and Technology has proposed the 'Digital India Act, 2023' (DIA) by way of a presentation. This presentation lists the DIA's key aspects and analyses the current information technology framework of India.

Apr 17, 2023

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