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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Bombay High Court on powers of Arbitral Tribunals

Reading Time: 3 Minutes

Bombay High Court, relying on several rulings of the Supreme Court, has clarified that arbitral tribunal can rule upon its own jurisdiction, including on any objections with respect aspects of non-arbitrability and validity of arbitration agreement. With constant legislative changes and judicial pronouncements, interference of courts has reduced in arbitration matters. Role of the courts is minimal in arbitral process and court should nominate/appoint an arbitrator without loss of time and leaving all contentious issues to be urged and agitated before the arbitral tribunal.

Aug 23, 2021

Supreme Court on the legality of Letter of Intent

Reading Time: 3 Minutes

Supreme Court, in the case of South Eastern Coalfield Ltd. & Ors. versus S. Kumar Associates AKM (JV), clarified that a ‘Letter of Intent (LoI) merely indicates a party’s intention to enter into a contract with the other party in future. Whether a contract has been concluded between the parties through an LoI, can be concluded by determining the terms and conditions of the LoI and the conduct of the parties.

Aug 16, 2021

Legal Position on mandatory COVID-19 vaccination

Reading Time: 3 Minutes

The Covid-19 pandemic raises unique legal challenges in India on mandating the Covid-19 vaccinations. As it is a novel conundrum, there is minimal judicial and executive guidance to rely on. Nevertheless, there has been some traction in this area recently. This Connect focuses on the current position of law on mandating the vaccine for employees at workplaces.

Aug 9, 2021

Parallel proceedings against borrowers and guarantor is maintainable

Reading Time: 3 Minutes

Court, in the case of SBI v. V. Ramakrishnan & Ors.,clarified in 2018 that the NCLT will be the adjudicating authority for insolvency resolution of a personal guarantor. Creditors had earlier to approach DRT since guarantees for loans of corporates was issued by its promoters in the form of personal guarantees. Therefore, now parallel proceedings against borrower and guarantor are maintainable before the NCLT.

Aug 2, 2021

Canadian Court on Amul’s Trademark Rights

Reading Time: 2 Minutes

The Federal Court of Canada permanently restrained a company ‘Amul Canada’ from infringing and using the trademark and copyright of Kaira District Co-operative Milk Producers' Union Limited and Gujarat Co-operative Milk Marketing Federation Limited, owners of the trademark ‘Amul.’ This Connect highlights the judgment and reasoning of the Court.

Jul 26, 2021

Revised Telecom guidelines for other Service Providers

Reading Time: 3 Minutes

The liberalized telecom Guidelines for Other Service Providers (OSP) released on November 5, 2020 (Nov. 2020 Guidelines), were further simplified, and revised by the Department of Telecommunication’s order released on June 23, 2021 (Jun. 2021 Guidelines). The Nov. 2020 Guidelines sought to overhaul the OSP framework, by removing procedural obligations, reducing compliance burdens, and improving operational flexibility between OSP centres. Although a comprehensive overhaul, some doubts persisted regarding definitions and the extent of permission granted to data interconnectivity between OSP centres. The Jun. 2021 Guidelines clarify these ambiguities.

Jul 19, 2021

Supreme Court on Adjudicating Authority for Personal Guarantors

Reading Time: 3 Minutes

Supreme Court has upheld the amendments made to personal guarantors of corporate debtors by clarifying the position of law which is constantly evolving under the Insolvency and Bankruptcy Code,2016 and has confirmed that NCLT is the adjudicating authority, with DRT being the appropriate forum prior to this amendment. This Connect gives highlights and importance on this judgment.

Jul 12, 2021

Delhi High Court on Independence of Arbitrator

Reading Time: 2 Minutes

Delhi High Court in Monica Khanna & Ors v. Mohit Khanna & Anr allowed the petition to preserve the integrity of arbitration and ordered appointment of an independent arbitrator with direction to ensure the compliance of Section 12 of the Arbitration and Conciliation Act, 1996.

Jul 5, 2021

Kerala High Court on disqualification of Directors

Reading Time: 4 Minutes

Kerala High Court, in the case of Zacharia Maramkandathil held that the Director Identification Number (DIN) of a director cannot be deactivated if the director is disqualified under Section 164 of the Companies Act. This Connect highlights the order and reasoning of the Court.

Jun 28, 2021

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