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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HC of Kerala on Jurisdiction of Courts During WFH

Reading Time: 2 Minutes

The High Court of Kerala in the Mangala case held that an employee working from home cannot approach the court having local jurisdiction in a dispute between the employee and the employer. The jurisdiction in such cases lies with the court in whose local limits the employer’s headquarters is located in.

Mar 14, 2022

SC on Subordinate Legislation as Law

Reading Time: 2 Minutes

The Supreme Court, while deciding the G.T.Girish vs. Y. Subba Raju case, clarified that rules passed by authorities which derive their power from the legislature constitute ‘law’ and any declaration of illegality of a consideration or object under the Rules will declare a contract void.

Mar 7, 2022

Bombay High Court on POSH Appellate Authority

Reading Time: 2 Minutes

The Bombay High Court upheld the jurisdiction of the Industrial Court of Mumbai as the Appellate Authority on the recommendations of the Internal Committee (IC), constituted under the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013, while investigating POSH complaints.

Feb 28, 2022

Note on the Mediation Bill

Reading Time: 3 Minutes

The Ministry of Law and Justice introduced the Mediation Bill, 2021, in the Rajya Sabha on December 20, 2021. This Bill seeks to establish a uniform code on mediation; making India one of the few countries to have legislation primarily dedicated to resolving disputes through commercial and civil mediation. Key features of this Bill are discussed in this Connect.

Feb 21, 2022

Supreme Court on Challenging Arbitral Awards

Reading Time: 3 Minutes

Supreme Court in Atlanta Limited v. Union of India held that an arbitral award cannot be challenged on grounds that an arbitrator has drawn their own conclusion or has failed to appreciate the facts.

Feb 14, 2022

HC Stays the New Haryana Law on Local Employment

Reading Time: 4 Minutes

The Haryana Government has brought into force the Haryana State Employment of Local Candidates Act and Rules to provide for 75% reservation for local candidates in Haryana. This Connect provides a broad overview of the law, as well the update on its stay by the High Court.

Feb 7, 2022

SC on the Setting Aside Arbitral Award

Reading Time: 3 Minutes

In the case of Kandhari Beverages Limited, the Supreme Court, on the 10th January, upheld that an arbitral award can be set aside only if it is against the public policy of India etc. This Connect explains the ratio of the judgment.

Jan 31, 2022

SC on Grant of Post-Award Interest on Interest Awarded by Arbitrator

Reading Time: 3 Minutes

Supreme Court in UHL Power Company Ltd case on January 07, 2022, reiterated that arbitrator can grant post-award interest on the interest awarded by the Arbitrator in the Arbitral Proceedings. It also held that the Arbitral Tribunal must decide in accordance with the terms of the contract. If a term is construed in a reasonable manner, then the award ought not to be set aside merely on the ground that another view could have been taken by the tribunal.

Jan 24, 2022

Delhi HC on Trademark of Common Terms

Reading Time: 4 minutes

The Delhi High Court in Hamdard National Foundation vs. Sadar Laboratories reiterated that the standard to examine the infringement of a well-known mark by a similar mark, must always be from the minds of a common consumer and there can be no proprietary claims made over common term/word. This Connect summarises the judgment and ratio of the Court.

Jan 17, 2022

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