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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SC on Non-Applicability of Equality to Wills

Reading Time: 3 Minutes

Supreme Court in Swarnalatha case held that in the matter of appreciating the genuineness of execution of a will, there is no place for court to see whether the distribution made by the testator was fair and equitable to all of his children and the court must not apply Article 14 to dispositions under a will.

Jun 27, 2022

SC on Interpretation of Contracts

Reading Time: 4 Minutes

Executive Summary: Supreme Court, while interpreting the commissioning date of an electricity project in Bangalore Electricity Supply Company Limited Vs. E.S. Solar Power Pvt. Ltd. and Ors, reiterated the established principle of interpretation of contracts that there is no scope for adopting either a liberal or a narrow approach, whatever that may mean. The exercise which must be undertaken is to determine what the words used in the contract mean.

Jun 20, 2022

SC on Delay in Decreeing Suit for Specific Performance

Reading Time: 3 Minutes

The SC in the case of A.R. Madana Gopal held that specific performance cannot be denied on sole grounds of delay caused by court process and escalation of prices.

Jun 13, 2022

Bombay HC on Unfair Labour Practices

Reading Time: 3 Minutes

In the case of Shankar Bhimrao Kadam and Ors. vs. Tata Motors Limited, the High Court of Bombay held the Employer accountable for ‘unfair labour practices’ and directed it to compensate the petitioners who were former employees hired on temporary basis.

Jun 6, 2022

SC on Mandatory Covid-19 Vaccinations

Reading Time: 3 Minutes

In a key ruling decided on May 2, 2022, the Supreme Court, in Jacob Puliyel v. Union of India and Others, stated that no one can be forced to take the Covid-19 vaccine, and that bodily integrity is protected under Article 21 of the Constitution. However, where cases are rising, state governments’ vaccine mandates cannot be construed as disproportionate, as they may impose reasonable restrictions on individual rights for the wider interest of public health and safety.

May 30, 2022

Madras HC on Admissibility of Unregistered Sale Agreement

Reading Time: 3 Minutes

The Madras High Court, while deciding an appeal relating to specific performance under a sale agreement, held that unregistered sale agreement may be received as evidence in a suit for specific performance. This Connect summarises the order and reasoning of the High Court.

May 23, 2022

SC on Waiver of Liquidated Damages

Reading Time: 4 Minutes

Supreme Court, in the Welspun Specialty Solutions Limited and Ors. v. Oil and Natural Gas Corporation Ltd. and Ors. case, where a claim for liquidated damages (“LD”) was made post waiver of such claim, held that on waiver of LD, a subsequent claim cannot be made unless the other party expressly accepts the imposition.

May 16, 2022

SC on Claiming Damages in Lieu of Specific Performance

Reading Time: 3 Minutes

The Supreme Court, in the case of Universal Petro-Chemicals Ltd. v. B. P. Plc. and Others, rejected a claim for damages raised in lieu of specific performance of a contract, and held that compensation must not be decreed unless it has been specifically sought in the plaint.

May 9, 2022

Madras HC on ESI Contributions for Apprentices

Reading Time: 3 Minutes

The High Court of Madras, in Kandagiri Spinning Mills Ltd. v. The Regional Director, ESI Corporation held that a company is not liable to pay ESI contributions on apprentices it has engaged if done so under the Standing Orders. This Connect highlights the ratio of judgement of the High Court.

May 2, 2022

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