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 HYPER -TECHNICALITIES IN POSH CASES

Reading Time: 3 Minutes

The Supreme Court of India recently held that the courts should not be swayed by hyper-technicalities and insignificant discrepancies and must assess the impact of any procedural violation against the overall fairness of the inquiry and that allegations of sexual harassment at workplace should be considered within the broader context of the case and should not be judged merely on the basis of a procedural violation.

Jan 22, 2024

Karnataka High Court on Provident Fund Contributions

Reading Time: 2 Minutes

The High Court of Karnataka in the Eagle Hunters Pvt. Ltd. case, while setting aside the order of an EPF Tribunal, held that it is illegal if an employer reduced wages to avoid provident fund contributions.

Jan 15, 2024

Key Attributes of the Telecommunications Act, 2023

Reading Time: 4 Minutes

The Telecommunications Act, 2023 has received the assent of the President of India on 24th December, 2023 though it is yet to be brought into force by the Central Government (CG). It overhauls the telecom regulatory landscape replacing the existing laws of previous centuries and seeks to regulate the development, expansion and operation of telecom services and networks, assignment of spectrum etc. It also grants greater powers to the CG. This Connect highlights the key aspects of the Act.

Jan 8, 2024

Delhi HC on limited scope of Section 34 Appeal

Reading Time: 3 Minutes

Division Bench of the Delhi High Court, in Raghunath Builders case, held that under Section 34 of the Arbitration and Conciliation Act, 1996, it was not within the scope of the Single Judge to reinterpret the parties’ contract and substitute the finding of the Arbitrator’s despite it being un-reasoned. This Connect analyses the judgment and reasoning of the Division Bench.

Jan 1, 2024

Delhi HC on Award cannot be set-aside on the ground of insufficient Stamp Duty

Reading Time: 3 Minutes

Delhi HC in ARG Outlier Media case, held that any agreement with an arbitration clause that is not properly stamped is not admissible in court. But once the agreement is admitted into evidence and the arbitrator makes an award based on it, the award cannot be set aside on the grounds that the agreement was not sufficiently stamped. This Connect highlights the reasoning and judgement of the court.

Dec 25, 2023

Allahabad High Court On Blacklisting Of Licensed Miners

Reading Time: 2 Minutes

The High Court of Allahabad, in the Maa Vindhya Stone Crusher Company case, while setting aside an adverse order of the district magistrate, held that it had the power to intervene and set aside an order without going into its merits if the order violated principles of natural justice.

Dec 18, 2023

Delhi High Court on Section 11 of Arbitration Act

Reading Time: 3 Minutes

The High Court of Delhi in Ambience Developers and Infrastructure Pvt. Ltd. case, held, based on Supreme Court’s 2023 subsequent ruling in N.N Global Mercantile, that HC cannot allow review of Section 11 Petition. This Connect highlights the reasoning and judgement of the court.

Dec 11, 2023

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

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