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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Drivers are Employees of Ride-Hailing Companies for POSH Act

Reading Time: 4 minutes

The Karnataka High Court in X v. Internal Complaints Committee, Ani Technologies Private Limited and Others case held that the drivers of Ola taxis are employees for the purpose of POSH Act.

Oct 14, 2024

Termination of Contractual Employee for Misconduct

Reading Time: 3 minutes

The Supreme Court, in U.P. State Road Transport Corporation & Ors. V. Brijesh Kumar & Anr case held that when the termination of a contractual employee is stigmatic (i.e., on grounds of misconduct), the principles of natural justice has to be followed

Oct 7, 2024

Stamp Duty not payable on an Agreement of Sale since it merges into the Sale Deed

Reading Time: 2 minutes

In Smt. Nagamma and Others v. Rudrayya and Others, the Karnataka High Court held that once a sale deed has been duly executed and stamped, the agreement of sale should no longer be independently subject to stamp duty.

Sep 30, 2024

Amended IT Rules on Fact Check Units Ultra Vires

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Bombay High Court in the Kunal Kamra case, wherein the Court held that the amendment to the IT Rules allowing the Central Government to establish fact check units for ‘fake news’ is ultra vires the Information Technology Act, 2000.

Sep 23, 2024

High Court on Employee’s Voluntary Resignation

Reading Time: 2 minutes

The Guwahati High Court Rangan KR Nath vs Union of India case held that an employee’s voluntary resignation can be accepted only when it is not conditional, is clear, unambiguous, and unequivocal.

Sep 16, 2024

SC on Breach of the Settlement or Award under the Industrial Disputes Act

Reading Time: 2 minutes

The Supreme Court, in Yugal Sikri and others case, held that a complaint under Section 29 of the Industrial Disputes Act 1947 must have a specific pleading regarding the breach of the settlement or award binding on the accused employers. Before setting criminal law in motion, careful application of mind by magistrate is necessary. This Connect analyses the judgment and reasoning of the Supreme Court.

Sep 9, 2024

Certain Foreign Court Judgements Non-Binding

Reading Time: 1 minute

This Connect provides an overview of the judgement of the Supreme Court in the Rohan Rajesh Kothari case, wherein the apex court reiterated that a foreign judgement which breaches any law in India is not binding on Indian courts.

Sep 2, 2024

Re-Litigation of Issues Impermissible under Arbitration Act

Reading Time: 3 minutes

The Delhi High Court, in Krishan Kumar and Another case, held that Section 34 of Arbitration and Conciliation Act, 1996 is not meant for litigants to avoid participating in arbitration knowingly and then attempt to “seek a second bite at the arbitral cherry.” This Connect analyses the judgment and reasoning of the High Court

Aug 26, 2024

Supreme Court on Mining Royalty

Reading Time: 3 minutes

This Connect provides an overview of the judgement of the Supreme Court in the Mineral Area Development Authority case, wherein the Court overturned its previous decision and held that mining royalty paid under a mining lease deed is not a tax.

Aug 19, 2024

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