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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Stamp Duty not payable on an Agreement of Sale since it merges into the Sale Deed

Reading Time: 2 minutes

In Smt. Nagamma and Others v. Rudrayya and Others, the Karnataka High Court held that once a sale deed has been duly executed and stamped, the agreement of sale should no longer be independently subject to stamp duty.

Sep 30, 2024

Amended IT Rules on Fact Check Units Ultra Vires

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Bombay High Court in the Kunal Kamra case, wherein the Court held that the amendment to the IT Rules allowing the Central Government to establish fact check units for ‘fake news’ is ultra vires the Information Technology Act, 2000.

Sep 23, 2024

High Court on Employee’s Voluntary Resignation

Reading Time: 2 minutes

The Guwahati High Court Rangan KR Nath vs Union of India case held that an employee’s voluntary resignation can be accepted only when it is not conditional, is clear, unambiguous, and unequivocal.

Sep 16, 2024

SC on Breach of the Settlement or Award under the Industrial Disputes Act

Reading Time: 2 minutes

The Supreme Court, in Yugal Sikri and others case, held that a complaint under Section 29 of the Industrial Disputes Act 1947 must have a specific pleading regarding the breach of the settlement or award binding on the accused employers. Before setting criminal law in motion, careful application of mind by magistrate is necessary. This Connect analyses the judgment and reasoning of the Supreme Court.

Sep 9, 2024

Certain Foreign Court Judgements Non-Binding

Reading Time: 1 minute

This Connect provides an overview of the judgement of the Supreme Court in the Rohan Rajesh Kothari case, wherein the apex court reiterated that a foreign judgement which breaches any law in India is not binding on Indian courts.

Sep 2, 2024

Re-Litigation of Issues Impermissible under Arbitration Act

Reading Time: 3 minutes

The Delhi High Court, in Krishan Kumar and Another case, held that Section 34 of Arbitration and Conciliation Act, 1996 is not meant for litigants to avoid participating in arbitration knowingly and then attempt to “seek a second bite at the arbitral cherry.” This Connect analyses the judgment and reasoning of the High Court

Aug 26, 2024

Supreme Court on Mining Royalty

Reading Time: 3 minutes

This Connect provides an overview of the judgement of the Supreme Court in the Mineral Area Development Authority case, wherein the Court overturned its previous decision and held that mining royalty paid under a mining lease deed is not a tax.

Aug 19, 2024

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

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