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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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

Draft Employee’s Compensation Rules under Social Security Code

Reading Time: 4 Minutes

The Union Ministry of Labour and Employment has notified the draft Code on Social Security (Employee’s Compensation) (Central) Rules, 2021 and invited comments from stakeholders. The Code on Social Security, 2020, grants powers to the Central Government, under which the Draft Rules are made to bring into operation Chapter VII (Employee’s Compensation). Importantly, these Draft Rules are proposed in supersession of rules under the Employee’s Compensation Act, 1923, that will stand repealed by Section 164 of the Code, as and when it is brought into force.

Jun 22, 2021

Delhi High Court on Infringement of Trademark

Reading Time: 3 Minutes

The Delhi High Court granted an interim injunction in the case of Singh & Singh Law Firm LLP v. Singh + Singh Lawyers retraining the respondent from using the plaintiff’s trademark, logo, service name or any other identical or deceptively similar marks.

Jun 14, 2021

Delhi High Court on Similar Trademarks

Reading Time: 2 Minutes

The Delhi High Court in the case of Red Bull AG v. Bakewell Biscuits Private Limited passed an ex-parte interim injunction restraining Bakewell from using Red Bull’s registered and well-known Trademarks.

Jun 7, 2021

Draft Rules on Trade Unions under the Industrial Relations Code

Reading Time: 3 Minutes

The Union Ministry of Labour and Employment has invited comments on the Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 ("Draft Rules"). The Draft Rules seek to provide mechanisms to recognise Trade Unions and verify their membership under the new labour law regime. Interestingly, there is potential for these rules to bring about consistency in negotiating practices and perhaps foster ease of business. However, they have invited some opposition from labour organisations.

May 31, 2021

Delhi High Court on foreign anti-suit injunction

Reading Time: 3 Minutes

In the first order of its kind, the Delhi High Court in InterDigital Technology v. Xiaomi Corp has granted interim relief to plaintiff InterDigital Technology Corporation, in a patent infringement matter against defendant Xiaomi Corp, holding that a foreign court cannot injunct a party and restrain the enforcement of its cause before an Indian court, when Indian jurisdiction is the only forum competent to hear said claim.

May 21, 2021

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