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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Bombay High Court on Arbitrability of Fraud

Reading Time: 3 minutes

The Bombay High Court, in Nilesh Shejwal case, held that due to a shift in the field of contemporary arbitration, where disputes involving fraud were deemed unsuitable for arbitration, arbitral tribunals are now known to review vast volumes of evidence in a wide range of dispute situations. Thus, it concluded that the antiquated notion that fraud cannot be arbitrated due to its complexity is obsolete and does not apply to modern arbitration processes. This Connect analyses the judgment and reasoning of the High Court.

May 13, 2024

Court’s Jurisdiction on Deciding Seat of Arbitration

Reading Time: 2 minutes

The Delhi High Court, in Nitin Kwatra v. Stadhawk Services Pvt. Ltd. case, held that even if a business agreement confers exclusive jurisdiction on a different court, courts having jurisdiction over the seat of arbitration will retain supervisory authority over the arbitral process. It held that the presence of a generic exclusive jurisdiction clause does not diminish HC’s jurisdiction in determining the seat of arbitration.

May 6, 2024

Working hours exemption for certain sectors in Gujarat

Reading Time: 1 minute

This Connect provides an overview of the notification passed by the Gujarat government exempting certain entities from certain provisions of the state shops act.

Apr 29, 2024

Email Or Whatsapp Notice Valid in Cheque Dishonour Cases

Reading Time: 4 minutes

In Rajendra v. State of U.P. and Another, the Allahabad High Court held that a notice under Section 138 of the Negotiable Instruments Act, 1881 sent through email or WhatsApp fulfils the requirements of Information Technology Act, 2000 and is therefore valid.

Apr 22, 2024

Allahabad HC on Interest on Illegally Retained Stamp Duty

Reading Time: 1 minute

This Connect analyses the judgement of the Allahabad High Court in the Vinod Kumari case where it ordered a UP Government department to pay interest on stamp duty refund that it had illegally held beyond the ordered payment date despite the presence of a provision allowing payment of interest.

Apr 15, 2024

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

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