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“Beyond the Written Word: Exceptions to the Enforceability of No Oral Modification Clauses”

by admin | Feb 26, 2025 | Drafting

Introduction  A “No Oral Modification” (“NOM”) Clause is a contractual provision stipulating that any changes to the contract entered into, must be made in writing and signed by all parties involved. It is a boilerplate clause, found in generally all...

Legal Oversight in Arbitration: Prioritizing Justice Over Technicalities

by admin | Jan 21, 2025 | Drafting

Introduction: In legal proceedings, referencing an incorrect provision can often raise concerns about the validity of the application. However, the law ensures that such errors should not prevent the court from addressing the merits of the case, particularly when it...

VICARIOUS LIABILITY OF DIRECTORS OF THE COMPANY FOR CRIMINAL OFFENCES

by admin | Nov 27, 2024 | Drafting

Concept of Vicarious Liability of directors A company functions through board of directors; it has not mind of its own.  Provision of s.291 of erstwhile Companies Act, 1956 recognized that except where express provision is made that the powers of a company in respect...

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