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KMA PCS

Kajol Mathur & Associates

Practicing Company Secretaries

Legal Consultant
Partnership

Contracts & Agreements

In India, contracts are primarily governed by the Indian Contract Act, 1872, which provides the foundational legal framework for the formation, performance, and enforcement of agreements between parties. A contract in India is an agreement that is legally enforceable, and for it to be valid, it must meet essential elements such as offer, acceptance, consideration, free consent, and a lawful object.

Special categories of contracts, such as those involving sale of goods, partnership, agency, and negotiable instruments, are governed by specific laws like the Sale of Goods Act, 1930, the Indian Partnership Act, 1932, and the Negotiable Instruments Act, 1881.

 

Additionally, contracts in India are influenced by provisions in other statutes such as the Consumer Protection Act, 2019, which safeguards consumer rights, and the Specific Relief Act, 1963, which provides remedies for the breach of contracts. 

Contracts are classified in several ways, mainly based on how they are formed, their nature, or their enforceability. Here’s a full breakdown :

Based on Formation 

Express, Implied, Quasi

Based on Validity 

Valid, Void, Voidable, Illegal, Unenforceable

Based on Performance 

Executed, Executory, Unilateral, Bilateral

Based on Special Nature 

Indemnity, Guarantee, Bailment, Pledge, Agency

Some of the Contracts we draft

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Shareholder's Agreement (SHA)

  • Shareholding Structure

  • Rights and Obligations

  • Reserved Matters

  • Transfer Restrictions

  • Board Composition and Management Rights

  • Exit Rights

  • Confidentiality and Non-Compete

  • Dispute Resolution

Non-Disclosure Agreement (NDA)

  • Parties Involved

  • Definition of Confidential Information

  • Obligations of Receiving Party

  • Permitted Disclosures

  • Term/Duration

  • Return or Destruction of Information

  • Remedies for Breach

  • Governing Law and Jurisdiction

Employment Agreement

  • Position and Duties

  • Commencement Date

  • Salary and Benefits

  • Working Hours

  • Leave and Holidays

  • Confidentiality Obligations

  • Termination and Notice Period

  • Governing Law and Jurisdiction

Service Agreements

  • Scope of Services

  • Service Fees and Payment Terms

  • Term and Termination

  • Responsibilities of Parties

  • Confidentiality

  • Intellectual Property Rights

  • Indemnity and Liability

  • Governing Law and Dispute Resolution

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