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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Termination for Forged Employment Credentials

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Division Bench of the High Court of Karnataka in the Malurappa case, wherein it has affirmed that a dismissal from service is justified when an appointment is procured through forged educational certificates, as such fraudulent acts constitute misrepresentation and create no equity in favour of the employee regardless of their length of service.

Dec 29, 2025

No Jurisdiction to Appoint Arbitrator in Foreign Seated Arbitration

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the case of Balaji Steel Trade vs. Fludor Benin S.A. & Ors., wherein it has reaffirmed that Indian courts lack jurisdiction to appoint an arbitrator when the primary agreement designates a foreign seat for arbitration.

Dec 22, 2025

Specific Performance of Contracts

Reading Time: 4 minutes

This Connect provides a brief overview of the Supreme Court's judgment in the K.S. Manjunath case which addressed the enforceability of an Agreement to Sell (ATS) against subsequent purchasers and the interpretation of Section 19(b) of the Specific Relief Act.

Dec 15, 2025

Labour Code Series – Overview of the Code on Wages, 2019

Reading Time: 3 minutes

The second of the series, providing an overview of the Code on Wages, 2019. We will be releasing similar Connects on the remaining two Codes in due course.

Dec 11, 2025

Legality of Karnataka Menstrual Leave Policy

Reading Time: 2 minutes

This Connect provides a brief overview of the recent government order to release Menstrual Leave Policy by the Government of Karnataka wherein it has mandated employers to provide eligible women employees paid leave of one day per month for eligible women employees during their menstrual cycle for their health and well-being. It also examines in brief the legality of the order.

Dec 9, 2025

Stamp Duty Rate Dependent on Instrument’s Legal Character

Reading Time: 4 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the M/S Godwin Construction case where it examined whether a 'Security Bond or Mortgage Deed' is chargeable under Article 40 or Article 57 of Schedule I-B of the Indian Stamp Act, 1899. It opined that it is the legal character of the instrument that is considered for determination of Stamp Duty and not the nomenclature of the instrument.

Dec 1, 2025

Labour Code – Overview of the OSH Code

Reading Time:

The first of the series, providing an overview of the Occupational Safety, Health and Working Conditions Code, 2020. We will be releasing similar Connects on the remaining three Codes in due course.

Nov 28, 2025

Provident Fund of International Workers

Reading Time: 4 minutes

This Connect provides a brief overview of the common judgment delivered by the Division Bench of the High Court of Delhi in the Spice Jet and LG Electronic case wherein it examined the challenge to special provisions made for ‘International Workers’ under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and contradicted a 2024 judgment of Karnataka High Court.

Nov 24, 2025

Employer Cannot Deny Statutory Benefits During Prolonged Disciplinary Proceeding

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Punjab and Haryana High Court (HC) in the Ashok Kumar case where it held that a delinquent employee cannot be denied his statutory benefits such as salary and leave encashment due to prolonged disciplinary proceedings. The HC reiterated that prolonged disciplinary inquiry reflects poorly on the employer as it contributes to the mental and financial agony of the delinquent employee.

Nov 17, 2025

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