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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Ambit of Commercial Purpose Under the Consumer Protection Act

Reading Time: 3 Minutes

The Supreme Court in a landmark decision of September 6, 2023, recently held that, ‘for any commercial purpose’ under the Consumer Protection Act, 1986 must be understood as covering cases other than those of resale of the goods. If commercial use is by purchasers for earning livelihood by self-employment, they will be considered as ‘consumers’ under the Act. This Connect highlights the reasoning and judgement passed by the Court.

Oct 2, 2023

Workman’s Place of Employment Vital to Determine Labour Court’s Jurisdiction

Reading Time: 2 Minutes

The Delhi High Court recently held that the situs of a workman’s employment is a determining factor in adjudicating the territorial jurisdiction of a labour court under the Industrial Disputes Act, 1947. This Connect highlights the reasoning and judgement passed by the Court.

Sep 25, 2023

Allahabad High Court on Burden of Proving Willful Absence

Reading Time: 4 Minutes

The Allahabad High Court recently held that the burden of proving the unauthorized absence of the employee was willful in nature, is on the disciplinary authority. This Connect highlights the reasoning and judgement passed by the court.

Sep 18, 2023

Supreme Court on Retrenchment

Reading Time: 2 Minutes

The Supreme Court in the Food Corporation of India case interpreted the terms ‘approbate’ and ‘reprobate’ and held that an employer cannot challenge an award ordering reinstatement after reinstating the workman and absorbing them for over 2 decades. This Connect highlights the reasoning and judgement passed by the court.

Sep 11, 2023

SC View that Maternity Benefits not Co-terminus with Employment Tenure.

Reading Time: 2 Minutes

The Supreme Court has recently held that maternity benefits must be granted even where the duration of maternity benefits overshoots the tenure of a contractual employment. This Connect highlights the reasoning and judgement passed by the court.

Sep 4, 2023

Madras High Court on Dismissal of Workman

Reading Time: 2 Minutes

The Madras High Court in the S Raja case held that use of abusive language by a workman is not a serious offence warranting dismissal of their services. This Connect highlights the reasoning and judgement passed by the court.

Aug 28, 2023

Validity of Thumbs-up Emoji as Acceptance of Contract

Reading Time: 2 Minutes

A Canadian court recently held that the use of a thumbs-up emoji creates a legally valid and binding contract. This Connect highlights the reasoning and judgement passed by the court.

Aug 21, 2023

Supreme Court on limitation period in Arbitration

Reading Time: 3 Minutes

Supreme Court in M/s B and T AG vs. Ministry of Defence, held that parties’ merely engaging in negotiations will not postpone limitation period for Arbitration. This Connect highlights the reasoning and judgement passed by the court.

Aug 14, 2023

Calcutta High Court on Regularization

Reading Time: 2 Minutes

The Calcutta High Court in the Raju Mishra case reiterated that it is well-settled legal position that a writ of mandamus cannot be issued directing regularisation of an employee. This Connect highlights the reasoning and judgement passed by the court.

Aug 7, 2023

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