This labour & employment law newsletter provides a brief summary of the developments and updates in the month of August, 2023 through judgments, notifications, circulars, and other updates in the labour & employment sector in India. Principal Employer is not liable for interest/penalty on delayed compensation for accident or death of Contractor’s employee The Bombay High Court held that on failure to comply with the statutory obligation on the part of the employer, he can be

This labour & employment law newsletter provides a brief summary of the developments and updates in the month of July, 2023 through judgments, notifications, circulars, and other updates in the labour & employment sector in India. A settlement between Employer and Employee Union would not override Model Standing Orders unless it is more beneficial to employees The Supreme Court of India held that no contract/settlement between the employer and the employee union which abridge

This commercial law newsletter provides a brief summary of the latest developments and updates in the month of June 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2015 (“Code”) for implementation of an arbitral award is not maintainable The National Company Law Appellate Tribunal, Chennai (“NC

This labour & employment law newsletter provides a brief summary of the developments and updates in the month of May & June, 2023 through judgments, notifications, circulars, and other updates in the labour & employment sector in India. Principles to be followed while conducting a domestic enquiry against an employee The High Court of Delhi held that the domestic enquiry conducted by the employer against an employee will be valid if the enquiry followed: (a) principles of na

This commercial law newsletter provides a brief summary of the latest developments and updates in the months of April & May 2023 through judgments, notifications, circulars, and other updates in the commercial sector in India including Arbitration, Taxation, Insolvency & Bankruptcy, etc. Operational Debt must be crystallized, undisputed and not something which requires adjudication by a competent authority NCLAT Mumbai held that the claim for compensation does not become an O

This post focuses on transfer petitions under sections 24 and 25 of the Code of Civil Procedure, 1908 (‘CPC’) which essentially help the litigants to have a better and fair access to justice. These are often applied for in matrimonial matters. Breaking down the provisions Section 24 of the CPC vests the general power of transfer and withdrawal with the District Court as well as the High Court. Interestingly, the stage (whether it is a pending suit or an appeal) at which an ap