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Enforceability Of Shrink Wrap And Click Wrap Agreements In India

by admin | Jul 28, 2025 | Contracts

In an era where digital transactions and e-commerce have become the norm, legal frameworks in India are being continually tested and redefined. One of the key areas undergoing significant scrutiny is the enforceability of digital contracts, particularly Shrink Wrap...

Can Take Or Pay Clauses Be Enforced Without Meeting Liquidated Damages Conditions?

by admin | Jul 28, 2025 | Contracts

Introduction In our earlier article titled “Take or Pay Clauses in Fuel Supply Agreements, Ship or Pay Clauses in Transportation Contracts in the Energy Sector – Part I,” we had examined how Indian courts and tribunals generally assess claims under Take or Pay Clauses...

Terminating A Commercial Contract: Risk Management Strategies

by admin | Jul 28, 2025 | Contracts

IntroductionThe principles pertaining to the termination of the contract that we are about to discuss in the present article are going to apply to all the contracts including the commercial contracts. Commercial contracts between an individual and a corporation or...

Exceptions to the Enforceability of No Oral Modification Clauses

by admin | Jul 21, 2025 | Contracts

Beyond the Written Word: Exceptions to the Enforceability of No Oral Modification Clauses Introduction A ‘No Oral Modification’ (NOM) clause is a contractual term that mandates any changes or amendments to a contract must be made in writing and signed by...

Take Or Pay Clauses In Energy Contracts: Enforceability & Drafting Considerations – Part I

by admin | Jul 21, 2025 | Contracts

Introduction: Role of Take or Pay Clauses in Energy Sector Contracts In the landscape of energy contracts—notably in gas supply agreements, power purchase agreements, and LNG transactions—”Take or Pay Clauses” (TOPCs) serve a pivotal role. These...

Section 213 Investigation into Company Affairs by Non-Members: Legal Conditions and Rights

by admin | Jul 21, 2025 | Uncategorized

Introduction The Companies Act, 2013 establishes multiple mechanisms through which investigations into corporate affairs may be triggered. While Sections 210 and 212 allow the Central Government to initiate such inquiries either suo moto or based on inputs from...

Vicarious Liability of Directors Under Specific Statutes: Challenging Cognizance Without Inquiry

by admin | Jul 21, 2025 | Company law

Vicarious Liability of Directors Under Specific Statutes: Challenging Cognizance Without Inquiry In the dynamic corporate and regulatory environment of India, directors of companies often find themselves facing legal scrutiny for actions attributed to the company. The...

Enforceability Of Put Option Clauses In Shareholders’ Agreements Under Indian Company Law

by admin | Jul 21, 2025 | Company law

In Indian corporate transactions, especially involving private equity or venture capital investments, put option clauses have gained prominence as strategic tools that provide investors with defined exit rights. A put option allows a shareholder to sell their shares...

Legal Remedies for Minority Shareholders in Oppression and Mismanagement Cases

by admin | Jul 17, 2025 | Company law

Minority shareholders often find themselves sidelined in decisions taken by the majority in closely held companies. While the Companies Act, 2013 upholds the principle of corporate democracy, it also protects minority shareholders from unjust, prejudicial, or...

Vicarious Liability of Company Directors for Criminal Offences in India

by admin | Jul 17, 2025 | Company law

Introduction The concept of vicarious liability—where one person is held liable for the acts of another—gains complexity in the corporate context. A company, being an artificial legal entity, functions through its directors and key managerial personnel. While...
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