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 Employer’s Right to determine Suitability of Candidate

Reading Time: 2 Minutes

The Supreme Court held that employers have the element of latitude or choice in determining who they recruit. Although the judgement largely explores this in the context of public service, this principle can also be applied to employers in private establishments.

Sep 21, 2021

Supreme Court on Retrospective Effect of Amendment to the Gratuity Act

Reading Time: 3 Minutes

The Supreme Court, in the case of Krishna Gopal Tiwary, has observed that 2010 amendment of Payment of Gratuity Act 1972, which raised the upper limit of gratuity payable under Section 4 of the Act to Rupees 10 lakh, cannot have retrospective effect.

Sep 13, 2021

Key Highlights of the LLP Amendment Act

Reading Time: 3 Minutes

The Limited Liability Partnership (Amendment) Act, 2021, which is yet to be brought into force, amends the LLP Act, 2008 to bring in significant improvements. This Connect highlights the key features of the Amendment Act, such as creation of special courts to adjudicate matters related to LLP, recognition of small LLP, and change in nature of penalty based on its gravity

Sep 6, 2021

BBMP mandates vaccination for Employees

Reading Time: 4 Minutes

The Chief Commissioner of Bangalore’s municipal corporation, Bruhat Bengaluru Mahanagara Palike, has issued a circular instructing employers of commercial establishments, industries, offices, etc., to mandate their staff/employees to be vaccinated against Covid-19. The Circular prescribes other similar directions as a measure to contain the transmission of the virus.

Aug 30, 2021

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

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