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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Electronic Evidence Certificate under the Evidence Act

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Rajasthan High Court in the case of Shwetabh Singhal vs. J.K. and Sons, through Rajendra Kumar Johri others wherein it was held that a certificate under Section 65-B of the Indian Evidence Act must be issued by the person in whose device the original electronic recording was made.

Oct 20, 2025

Employment Dispute Arbitrable if Agreed in the Employment Agreement

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Calcutta High Court in the Sreepad Bhiwaniwala case where it held that a dispute arising upon termination of an employee, the termination not being termination simpliciter, can be referred to arbitration if the dispute resolution clause in the employment agreement provides for the same.

Oct 13, 2025

Final Word on the Bhushan Power Insolvency

Reading Time: 3 minutes

The SC upheld JSW's Resolution Plan for BPSL, emphasizing finality and commercial wisdom. It barred belated claims like EBITDA, cautioning against "hydra heads popping up" and violating the plan's "clean slate". The CoC was confirmed to continue existing to monitor implementation.

Oct 6, 2025

Registration of Well-Known Marks

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the High Court of Bombay in the Tiktok Limited case, wherein the Court upheld the refusal of the Registrar of Trade Marks to include 'TikTok' in the list of well-known marks. It held that a ban imposed on the app by the Government of India on national security grounds is a relevant fact that the Registrar can consider under the Trade Marks Act, 1999.

Sep 29, 2025

Conviction cannot be sustained after a Settlement

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Gian Chand Garg case wherein the court reiterated that once a settlement has been entered into by parties to the matter, conviction under Section 138 of the Negotiable Instruments Act, 1881 cannot be sustained.

Sep 22, 2025

Acceptance of Resignation

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Jammu and Kashmir High Court in the Bilal Ahmad Yatoo case wherein the Court upheld the dismissal of a police constable holding that there was no bar in accepting a resignation on the same day on which it was tendered.

Sep 16, 2025

Arbitration Clause Prevails Over Exclusive Jurisdiction Clause

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Delhi High Court in the case of M/S KLA Const Technologies Pvt Ltd. vs. M/S Gulshan Homz Private Limited wherein it has ruled on its territorial jurisdiction to appoint a sole arbitrator, while emphasizing the harmonious interpretation of contractual clauses specifying multiple prospective seats.

Sep 8, 2025

Assessing Claims for Pay Scale Parity

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Himachal Pradesh High Court in the Surender Verma case wherein it opined on the stringent requirements for establishing claims of pay scale parity, especially under the 'equal pay for equal work’ doctrine, for employees in different departments.

Sep 1, 2025

Employer Cannot Deny Maternity Benefit To Contractual Employees

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Odisha High Court in the Anindita Mishra case where it held that a woman cannot be denied maternity benefit on the grounds of her employment being contractual. The Court further held that denying a contractual employee her right to maternity benefit was violative of Article 14 of the Constitution of India.

Aug 25, 2025

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