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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Rajasthan HC on Jurisdiction of Court for Appointment of Arbitrator

Reading Time: 4 Minutes

The Rajasthan High Court, in Aseem Watts case, held that the court, within whose jurisdiction the seat of arbitration falls under, shall have exclusive jurisdiction to entertain applications for appointment of arbitrator under the Arbitration and Conciliation Act, 1996. This connect highlights the reasoning and judgement passed by the court.

Dec 4, 2023

MP High Court on Rights in Contract Employment

Reading Time: 2 Minutes

The High Court of Madhya Pradesh in the Sudheer Kumar Sharma case held that an employee employed purely on a contractual basis has limited rights to seek continuity of service.

Nov 27, 2023

Supreme Court on Inheritance Rights of Illegitimate Children

Reading Time: 4 Minutes

In Revanasiddappa & Anr. v. Mallikarjun & Ors, a three-judge bench of the Supreme Court of India, in a reference made by its two-judge Bench, held that children born out of void or voidable marriages are entitled to a share in their parents’ property i.e., self-acquired and ancestral. However, such a child does not become a coparcener in the Hindu Mitakshara Joint Family and does not acquire any right by birth to the property, as enjoyed by a coparcener. This Connect highlights the reasoning and judgement passed by the Court.

Nov 20, 2023

Karnataka HC on Reinstatement Post Unauthorised Leave

Reading Time: 2 Minutes

In Karnataka Power Transmission Corporation Limited vs S. Kiran, the Division Bench of the Karnataka High Court upheld the Single Bench’s ruling that the absence of a workman due to depression, not being wilful, does not provide adequate grounds for termination. As a result, the Court ordered his reinstatement. This Connect highlights the reasoning and judgement passed by the Court.

Nov 13, 2023

Delhi High Court on Rules of Evidence in Arbitration

Reading Time: 2 Minutes

The High Court of Delhi in the Gannon Dunkerley and Co case held that that the arbitral tribunal is the master of both quality and quantity of evidence that it may rely upon to evaluate claims since the rules of the Indian Evidence Act are not applicable to arbitral proceedings. This Connect highlights the reasoning and judgement passed by the court.

Nov 6, 2023

Liability of Directors on Dishonour of Cheques

Reading Time: 3 Minutes

The Supreme Court recently held that a person will become vicariously liable when a company is accused of the offence for dishonour of cheques under the Negotiable instruments Act, only if that person was "in charge of" and was "responsible to the company for the conduct of the business of the company" at the time the offence was committed. This Connect examines the ratio of the judgement.

Oct 30, 2023

Jammu & Kashmir And Ladakh HC on Independent Status of Counter Claim

Reading Time: 3 Minutes

Jammu & Kashmir and Ladakh HC, in Abdul Rashid Dar case, held that Counter Claim has independent status and can continue despite dismissal of the primary suit. This Connect highlights the reasoning and judgement passed by the court.

Oct 23, 2023

Calcutta HC on IC’s Jurisdiction on Complaints Against Employer

Reading Time: 2 Minutes

The Calcutta High Court in the Banani Chattopadhyay case held that when the complaint is against an employee and not the employer itself, a duly constituted Internal Committee is the competent authority and the complaint does not fall under the jurisdiction of the Local Committee.This Connect highlights the reasoning and judgement passed by the Court.

Oct 16, 2023

Madras High Court on Limited Powers of Labour Court

Reading Time: 2 Minutes

The High Court of Madras in the Settu Sundar case reiterated the limited grounds on which an order passed by a Labour Court can be challenged. This Connect highlights the reasoning and judgement passed by the court.

Oct 9, 2023

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