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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Supreme Court on shifting seat of arbitration

Reading Time: 3 Minutes

The Supreme Court of India in Inox Renewables Ltd v. Jayesh Electricals Ltd., has held that the moment the seat of arbitration is chosen by parties, it is akin to an exclusive jurisdiction clause. It confers the courts at this place with exclusive jurisdiction to proceed with the arbitration. This Connect highlights the reasoning given by the court.

May 1, 2021

Bombay High Court on Trademark passing off

Reading Time: 4 Minutes

Bombay High Court observed that restraining Serum Institute from using Covishield name would disrupt the Covid-19 vaccination programme in the case of Cutis Biotech v. Serum Institute of India. This Connect highlights the reasoning given by the court in holding that it is not a case of ‘passing off’.

Apr 23, 2021

Karnataka High Court on Similar Trademarks

Reading Time: 3 Minutes

The Karnataka High Court in Dinesh Kumar v. Shweta Khandelwal case observed that Trademarks and Trade names are not the same and trial courts must keep in mind while deciding a case relating to ‘deceptively similar trademarks’ as the common man is man is neither blessed with the wisdom of Solomon nor the trained eyes of Sherlock Holmes. This Connect highlights the reasoning given by the court.

Apr 16, 2021

Amendment on Carry Forward on earned leaves in Karnataka

Reading Time: 3.5 Minutes

The Government of Karnataka has amended the Karnataka Shops and Commercial Establishments Act, 1961 and enhanced the carry forward of Earned Leave from the earlier 30 days to 45 days. This Connect explains in brief the implications of this amendment.

Apr 9, 2021

Karnataka High Court on Payment of Gratuity

Reading Time: 3.5 Minutes

This Connect provides a quick summary of the order of the Karnataka High Court in the case of Varma Industrial where it ordered that gratuity of retiring employee is payable by the employer even without the employee applying for it.

Mar 31, 2021

Supreme Court on Arbitrability of Landlord – Tenant Disputes

Reading Time: 3 Minutes

The Supreme Court in Vidya Drolia’s case ruled that landlord-tenant disputes are arbitrable. This Counselence Connect highlights the brief facts of the case, decision rendered, and the reasoning given by the Supreme Court.

Jan 18, 2021

Enforcement of Specific Provisions of the Code on Wages

Reading Time: 2 Minutes

This Connect provides a quick summary of the provisions of the Code on Wages, 2019 that relate to the Central Advisory Board that have been brought into effect from 18th December 2020.

Jan 15, 2021

Karnataka High Court on Liability of Intermediary Under IT Act

Reading Time: 2 Minutes

The Karnataka High Court held, in Snapdeal case, that an Intermediary or its directors/officers would not be liable for any action or inaction on part of a vendor/seller making use of the facilities provided by the intermediary in terms of a website or a marketplace. This Counselence Connect highlights the case, the decision rendered, and the reasoning given by the High Court.

Jan 11, 2021

Standing Orders for Service Sector, 2020

Reading Time: 2 Minutes

The Labour Ministry published a draft Model Standing Orders on 31st December, 2020 addressing situations of work from home (“WFH”) and inviting comments from relevant stakeholders. The trend of WFH became essential due to Covid-19 pandemic and now is becoming popular too. Hence the Ministry has incorporated provisions relating to WFH in the draft Model Standing Orders. This Connect explains the provisions.

Jan 7, 2021

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