Answers

Legal Questions Answered

Clear answers to common questions about Indian law, each written against the statute it rests on and published with its sources, jurisdiction and review date. These pages are legal information rather than legal advice — they explain how the law works, not what you should do about your particular facts.

Contracts

• How do you review a commercial contract?Reviewing a commercial contract means establishing what each party must do, what each party is exposed to, and which terms depart from an acceptable position.
• What is an indemnity clause?An indemnity clause is a contractual promise by one party to compensate the other for a specified category of loss if a defined trigger occurs.
• What is a limitation of liability clause?A limitation of liability clause caps the maximum amount one party can be required to pay under a contract and excludes specified categories of loss, most commonly indirect and consequential loss and loss of profit.
• How do you terminate a contract in India?A contract in India is usually terminated by exercising a contractual right — termination for convenience on notice, or termination for cause after a notice and cure period.
• What is force majeure in Indian contracts?Force majeure is a contractual provision excusing or suspending performance when a defined event beyond a party’s control prevents it.
• What is an NDA and when do you need one?A non-disclosure agreement is a contract under which one or both parties agree to keep specified information confidential and to use it only for an agreed purpose.

Corporate

• What is a shareholders’ agreement?A shareholders’ agreement is a private contract between the shareholders of a company, and usually the company itself, governing how the company is controlled, how shares may be transferred and how shareholders exit.

Civil & disputes

• What is a legal notice?A legal notice is a formal written communication sent by one party to another stating a legal claim, the facts it rests on, and the specific action demanded within a stated period.
• What is the limitation period for filing a case in India?The Limitation Act, 1963 prescribes the period within which a suit, appeal or application must be filed in India.
• What is an arbitration clause?An arbitration clause is an agreement to submit present or future disputes to arbitration rather than to the courts.

Criminal

• What is anticipatory bail?Anticipatory bail is a direction from a Sessions Court or High Court that, in the event of arrest on an accusation of a non-bailable offence, the applicant shall be released on bail.
• How does Section 138 of the Negotiable Instruments Act work?Section 138 of the Negotiable Instruments Act, 1881 makes it an offence where a cheque issued to discharge a legally enforceable debt or liability is returned unpaid for insufficiency of funds or because it exceeds the arranged amount.

Employment

• Are non-compete clauses enforceable in India?Post-termination non-compete clauses are generally unenforceable in India.
• What are an employer’s obligations under the POSH Act?Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employer with ten or more workers must constitute an Internal Committee, adopt and publicise a policy, display the penal consequences and Committee details, conduct awareness programmes and Committee training, inquire into complaints within the statutory timelines, provide interim relief where sought, and file an annual report with the district officer..

Property

• What documents are needed to buy property in India?Buying immovable property in India requires verifying the seller’s title and the property’s legal status before payment.

Family

• How does divorce by mutual consent work in India?Divorce by mutual consent allows spouses to end a marriage without contesting grounds.

Intellectual property

• How do you register a trade mark in India?Trade mark registration in India is governed by the Trade Marks Act, 1999.

Data & technology

• What is DPDP Act compliance?DPDP compliance means meeting the obligations of the Digital Personal Data Protection Act, 2023, which governs the processing of digital personal data in India and processing outside India connected with offering goods or services to data principals in India.