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

Calcutta HC on Absence of Written Arbitration Agreement

Reading Time: 4 Minutes

Calcutta High Court in its recent judgment in the case of Eastern Coalfields Limited V. RREPL-KIPL (JV) observed that there has to be an agreement in writing between the parties to refer the disputes to arbitration and conduct of the parties will not substitute the statutory requirement of an agreement in writing.

Sep 19, 2022

Supreme Court On Reinstatement In Case Of Acquittal

Reading Time: 3 Minutes

The apex court in the Phool Singh case recently held that acquittal in a criminal case was not a ground for setting aside the penalty which was imposed in the course of the disciplinary enquiry. Hence, reinstatement of employment only on the ground of acquittal in criminal proceedings was not warranted.

Sep 12, 2022

Gujarat HC on Forfeiture of Gratuity

Reading Time: 3 Minutes

The High Court of Gujarat, in the recent judgment in CMD, Union Bank of India vs. Jaykant R. Gohil, observed that UBI forfeiting gratuity of the employee was an "afterthought" as only after the employee demanded the gratuity. The Court ordered payment of all retiral dues to the employee with reduced interest.

Sep 5, 2022

Delhi HC on Imposing Liquidated Damages in Contracts

Reading Time: 2 Minutes

On assessment of whether liquidated damages (LD) were payable by a contractor for delays in completion of work, the Delhi High Court (HC) in North Delhi Municipal Corporation v. IJM Corporation Berhad, held that once a request for extension is received and granted, and the contractor completes the work in the contractual and extended periods, LD is not payable. The HC also held that a competent authority cannot, after the extended period, turn around and re-evaluate the extension granted, to the detriment of the contractor.

Aug 29, 2022

Karnataka HC on WFH Benefits Post Maternity Leave

Reading Time: 2 Minutes

The High Court of Karnataka, in the case of Prachi Sen v. Ministry of Defence, held that the work-from-home benefit may be granted to an employee who has exhausted their maternity benefit, only if the nature of work assigned, permits working from home.

Aug 22, 2022

Supreme Court on Amendment to Bonus Act

Reading Time: 4 Minutes

The Supreme Court considered the Union of India’s contentions seeking transfer of writ petitions that challenged constitutional validity of Payment of Bonus (Amendment) Act, 2015 filed before various High Courts to the Supreme Court in the Union of India and Ors. vs. The United Planters Association of Southern India and Ors. It however declined the transfer of the cases from the High Court with a direction to the courts to proceed on the matters expeditiously and on priority.

Aug 15, 2022

SC on the Powers of Consumer Redressal Forums.

Reading Time: 4 Minutes

Supreme Court in Experion Developers case held that consumer forums created under the Consumer Protection Act, 1986 have the power to direct builders to refund and pay compensation for failure to deliver possession of residential apartment as stipulated in their agreement.

Aug 8, 2022

Supreme Court on Wages under Gratuity Act

Reading Time: 2 Minutes

Supreme Court, in the Fertilizer Corporation case, held that ad hoc payment made as per interim orders does not form part of ‘wage’ under Payment of Gratuity Act. This Connect highlights the facts and reasoning of the Court.

Aug 1, 2022

Madras HC on Survival of Arbitration Clauses in Terminated Agreements

Reading Time: 2 Minutes

The Madras High Court in the case of Rajasthani Marble and Another. v. K. Kumar and Others, held that when an arbitration agreement is between contracting parties in the form of a clause or covenant in a contract, the termination of the contract does not terminate the arbitration agreement.

Jul 25, 2022

← 1 … 12 13 14 15 16 … 23 →