Contract Law

India's film industry produces over 1,500 films annually, making it one of the world's most prolific entertainment markets. Behind every production lies a complex web of financing arrangements that determine how capital is raised, deployed, and recouped. A well-structured film production financing agreement is essential for protecting the interests of producers, investors, lenders, and creative talent alike. This guide provides a comprehensive framework for structuring film p

The Supreme Court of India, in G. Saminathan v. The State (2026 LiveLaw SC 757), quashed criminal proceedings initiated against two landowners under Sections 406 and 420 of the Indian Penal Code (IPC), which now correspond to Section 316(2) and Section 318 of the Bharatiya Nyaya Sanhita (BNS). The Bench, comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan, delivered the judgment on July 31, 2026, cited as 2026 INSC 772. The Court held that a mere breach of contractual

A non-disclosure agreement (NDA) is one of the most frequently used instruments in commercial practice. Whether you are sharing a business idea with a potential investor, onboarding a new employee with access to proprietary systems, or engaging a consultant for a sensitive project, a well-drafted NDA protects your confidential information and provides a clear legal framework for recourse in case of breach. In India, NDAs are governed by the Indian Contract Act, 1872, and thei

Supreme Court Rules Earnest Money Refund Clause Does Not Bar Specific Performance of Contract In a significant ruling on contract law and the remedy of specific performance, the Supreme Court of India has held that a clause in an agreement to sell requiring the refund of earnest money upon non-execution of the sale deed does not, by itself, bar the purchaser from seeking specific performance of the contract. The judgment in Jaspal Singh v. Ashwani Kumar (2026 INSC 700), deliv

When one party to a contract refuses to perform its obligations, the aggrieved party may seek a court order compelling actual performance rather than settling for monetary compensation. This remedy is known as specific performance, and it is governed by the Specific Relief Act, 1963. The Specific Relief (Amendment) Act, 2018, which came into effect on October 1, 2018, fundamentally changed the law by making specific performance the default remedy rather than an exception. Thi

A Joint Venture Agreement (JVA) is a contractual arrangement between two or more parties who agree to pool resources for a specific business purpose while retaining their separate legal identities. In India, joint ventures are commonly structured as either a company (equity JV) or a contractual arrangement (contractual JV). This guide covers the essential clauses, drafting considerations, and regulatory requirements for JVAs in the Indian context. Step 1: Define the Structure

An indemnity clause is one of the most important risk allocation mechanisms in commercial contracts. Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is defined as a contract by which one party promises to save the other from loss caused by the conduct of the promisor or any other person. This guide explains how to draft an effective indemnity clause, the types available, and the key considerations for Indian commercial contracts. Types of Indemnity

The Supreme Court on July 9, 2026, in Levitate Mobile Technologies v. Standard Chartered Bank (2026 INSC 674), dismissed an appeal seeking permission for belated production of documents in a commercial suit, holding that the voluminous nature of evidence cannot be used as an excuse to circumvent the strict timelines prescribed under the Commercial Courts Act, 2015. Facts of the Case The dispute arose from an IT Professional Services Agreement entered into in February 2013, un

The Chhattisgarh High Court has quashed a blacklisting order against the pharmaceutical company Cipla, holding that punishing a supplier for contractual non-performance during the COVID-19 pandemic is disproportionate when there is no proof of fraud or misconduct. The judgment, delivered in June 2026 by a Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, is a useful statement of how courts approach blacklisting and the harsh consequences it brin

The Supreme Court has held that a buyer's delay in issuing a legal notice to the seller cannot, by itself, be a ground to deny specific performance of an agreement to sell, so long as the suit is filed within the limitation period. The ruling in A. Shahul Hameed v. N. Malligarjuna, delivered by a bench of Justice Sanjay Karol and Justice Vipul M. Pancholi, restores a trial court decree in favour of a buyer who had already paid almost the entire sale consideration. The judgmen

In Habban Shah v. Sheruddin (2026 INSC 451), decided on May 6, 2026, the Supreme Court held that when a decree for specific performance requires the buyer to deposit the balance sale consideration within a stipulated period and the buyer fails to do so, the contract stands automatically rescinded under Section 28 of the Specific Relief Act, 1963. No separate application by the judgment debtor (seller) is required to seek rescission. The bench of Justice Pankaj Mithal and Just

India's cybersecurity reporting framework has undergone a fundamental transformation with the enforcement of the Indian Computer Emergency Response Team (CERT-In) Directions of April 2022, as further strengthened by the Digital Personal Data Protection Act, 2023 (DPDP Act) and its Rules notified in 2025. The centrepiece of the current framework is the mandatory six-hour reporting window: organisations that experience specified categories of cyber security incidents must repor

A contract is only enforceable if all parties entered it with genuine, free consent. When one party uses dominance or a position of trust to pressure another into agreement, the contract may be voidable, meaning the victim can withdraw from it. This doctrine of undue influence, defined in Section 16 of the Indian Contract Act 1872, protects vulnerable parties from exploitation. Defining Undue Influence Section 16 of the Contract Act states that a person is deemed to exert u

India's Digital Personal Data Protection Act, 2023 introduced the concept of Significant Data Fiduciaries (SDFs), requiring them to implement enhanced compliance measures by November 13, 2025. The government will identify SDFs based on the volume and sensitivity of personal data processed, and these entities face significantly stricter obligations than ordinary data fiduciaries, including appointing independent auditors and conducting Data Protection Impact Assessments. Defi

Effective 1 April 2026, India is set to implement a new suite of approximately 40 auditing standards recommended by the National Financial Reporting Authority (NFRA) to the Central Government for notification. These standards, to be designated as Indian Standards on Auditing (IndSA), are aligned with the corresponding International Standards on Auditing (ISAs) issued by the International Auditing and Assurance Standards Board (IAASB). The transition from the existing Standard