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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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

Denial of Public Employment on the Ground of Hepatitis B Illegal

Reading Time: 3 minutes

This Connect provides a brief overview of the Kerala High Court’s judgement on the denial of public employment to an individual affected by Hepatitis B. The court held that the denial of public employment was illegal, unfair, and unjustifiable and constitutes a violation of the Right to Equality under Article 14 of the Constitution of India.

Aug 18, 2025

No Vicarious Liability without proof of responsibility over Company Affairs

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Himachal Pradesh in the case of VADSP Pharmaceuticals and Others vs. Union of India wherein it has ruled that complainant needs to aver in the complaint that the person sought to be vicariously liable is not only in charge of but is also responsible to the Company for its affairs.

Aug 11, 2025

Communicating Officer’s Annual Confidential Reports Essential

Reading Time: 3 minutes

The Supreme Court held in R.S. Kadian v. Ajay Kumar Bhalla and Another held that failure to communicate Annual Confidential Reports on time deprives an opportunity to an officer to make a representation or improve work performance and consequent denial of promotion on the ground of such reports is legally unsustainable.

Aug 4, 2025

Relaxed Application of Employees’ Compensation Act In Assessing Disability

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Kamal Dev Prasad case where it held that the objective of the Employees’ Compensation Act, 1923 is to provide relief to the victims of workplace accidents and therefore a liberal approach beyond the statutory prescription is acceptable when determining disability compensation.

Jul 28, 2025

Maternity Leave is Essential Part of Reproductive Rights

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the case of K Umadevi vs. State of Tamil Nadu wherein it has ruled that maternity leave is a vital part of women's reproductive rights, emphasizing that it is not merely a benefit, but a fundamental right protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Jul 21, 2025

Court’s Powers to Modify Arbitral Awards

Reading Time: 4 minutes

This Connect provides a brief overview of the Supreme Court’s judgment on the extent of court’s powers to modify an arbitral award. The SC bench, by a 4:1 majority, held that the courts hold limited powers to modify an award.

Jul 14, 2025

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