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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Arbitral Tribunal’s Interpretation of Contract Final Unless Found Unfair

Reading Time: 3 Minutes

In National Highways Authority of India v. M/s Hindustan Construction Company Ltd., the Supreme Court reiterated that the construction of the terms of contract is to be decided by the arbitrator and the grounds for interference by the courts are limited unless the decision is found to be unfair or unreasonable.

Aug 12, 2024

Bombay High Court on Transfer of Employee

Reading Time: 3 minutes

The Bombay High Court, in The Indian Express (P) Ltd. and Ors. case in July 2024, held that the Industrial Court cannot stay a transfer of employee simply because it is exceptional or due to prior litigation between the employer and employee. This Connect analyses the judgment and reasoning of the High Court.

Aug 5, 2024

SC on Self-Declaration by Advertisers

Reading Time: 1 minute

This Connect provides an overview of the new guidelines issued by the Supreme Court of India in the Indian Medical Association case mandating the issuance of a self-declaration by advertisers/agencies to protect consumers on the Broadcast Seva Portal of the Ministry of Information and Broadcasting.

Jul 29, 2024

SC on Interpretation of Insurance Exclusion Clauses

Reading Time: 4 minutes

In United India Insurance Co. Ltd. v. M/s Hyundai Engineering & Construction Co. Ltd. & Ors., case, the Supreme Court reaffirmed that exclusion clauses in insurance contracts are interpreted strictly and against the insurer as they have the effect of completely exempting the insurer of its liabilities.

Jul 22, 2024

SC on Limitation as Defence in Time-Barred Suit

Reading Time: 2 minutes

The Supreme Court in S. Shivraj Reddy (Died) through his LRS and Another v. S. Raghuraj Reddy and Others where it held that even if the plea of limitation is not set up as a defence, the court has to dismiss the suit if it is barred by limitation.

Jul 15, 2024

Delhi High Court on the Seat of Arbitration

Reading Time: 3 minutes

The Delhi High Court, in Delhi Tourism and Transportation Development Corporation case, held that in arbitration proceedings, the “seat” will be decided only by its relationship to the arbitral procedures, not by the underlying dispute’s cause of action. This Connect analyses the judgment and reasoning of the High Court.

Jul 8, 2024

Employment Law Exemption for IT Establishments in Telangana

Reading Time: 1 minute

This Connect provides an overview of the notification of the Telangana government extending exemption to IT and ITeS establishments from certain provisions of the state shops act subject to conditions.

Jun 30, 2024

High Court on the Ambit of Definition of Workmen

Reading Time: 2 minutes

The Karnataka High Court, in N. Bhuvaneshwari vs The Management of M/s Ambuthirtha Power Pvt. Ltd., held that the persons carrying managerial and supervisory responsibilities do not fall within the scope of a ‘workman’, as defined under Section 2(s) of the Industrial Disputes Act, 1947. It further held that once it is determined that the person is not a ‘workman’ under the Act, the Labour Court does not have jurisdiction to adjudicate whether their termination was proper or not.

Jun 24, 2024

Karnataka extends Labour Law Exemption to Tech Companies

Reading Time: 2 minutes

This Connect provides an overview of the notification issued by the Karnataka Government, extending exemption granted to IT, ITeS and other establishments for another five years from applicability of the Industrial Employment (Standing Orders) Act, 1946.

Jun 17, 2024

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