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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SC on Written Statement must have para-wise Replies & Specific Denials

Reading Time: 4 minutes

The Supreme Court, in Thanagam and another case, held, that the written statement must have paragraph-wise reply to the plaint, and otherwise allegations are deemed to be admitted unless specific denials are made. This Connect analyses the judgment and reasoning of the Supreme Court.

Apr 8, 2024

Right to be Forgotten is Basic Right

Reading Time: 2 minutes

In XXX v. Registrar General, High Court of Karnataka, represented by State Public Prosecutor and Others, the Karnataka High Court affirmed that the right to be forgotten is a basic right under the right to informational privacy and that the right of an individual to exercise control over his personal data and, to be able to control his or her own life would encompass his right to control over its existence on the internet.

Apr 1, 2024

Analysis of Karnataka Compulsory Gratuity Insurance Rules, 2024

Reading Time: 2 minutes

The Karnataka Government has recently notified the Karnataka Compulsory Gratuity Insurance Rules, 2024 mandating private establishments to obtain compulsory gratuity insurance for its gratuity obligations under the Payment of Gratuity Act, 1972. This Connect analyses the key features of the Rules.

Mar 25, 2024

Madras HC on Punishment for Employee Misconduct

Reading Time: 3 Minutes

This Connect analyses the judgement of the Madras High Court in the TTK Prestige case where it held that the reliefs granted by the Courts must be seen to be logical and tenable within the framework of the law.

Mar 18, 2024

Bombay HC on Employee with Supervisory Responsibilities

Reading Time: 3 Minutes

The Bombay High Court in Rohit Dembiwal case, held, that IT analyst of Tata Consultancy Services Ltd is not a “workman” under the Industrial Disputes Act, 1947. This Connect analyses the judgment and reasoning of the Bombay High Court

Mar 12, 2024

J&K HC on Employer’s Responsibility under Payment of Wages Act, 1936

Reading Time: 2 Minutes

In the case of Executive Engineer Roads & Buildings, Bandipora vs Nazir Ahmad Teli, the Jammu & Kashmir High Court held that the responsibility of payment of all wages under the Payment of Wages Act, 1936, lies with the employer in case the contractor or the person designated by the employer fails to make such payment to the contract workers.This Connect highlights the reasoning and judgement passed by the Court.

Mar 4, 2024

Kerala High Court on Binding Nature of Compromise Decrees

Reading Time: 3 Minutes

The Kerala High Court recently laid down that a person who did not themselves sign a compromise, which led to passing of a compromise decree, but subsequently acted upon the same, could not thereafter avoid or challenge the decree merely on the ground that they had not put their signature on it.

Feb 26, 2024

Overview Of ‘Dark Patterns’ Guidelines

Reading Time: 3 Minutes

This Connect analyses the dark pattern guidelines issued under the Consumer Protection Act, 2009 which aims to regulate deceptive online behaviours.

Feb 19, 2024

Pendency of Arbitration does not Impair the Maintainability of Proceedings under the Negotiable Instruments Act, 1881

Reading Time: 2 Minutes

In Newton Engineering and Chemicals Limited and Others v. Uem India Pvt. Ltd,, the Delhi High Court reiterated that arbitration and action under Section 138 of the Negotiable Instruments Act, 1881 can be proceeded simultaneously since each is a separate cause of action.

Feb 12, 2024

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