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Contract Law


Section 28 Specific Relief Act: No Separate Application Needed for Rescission of Agreement on Buyer Default
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balance sale consideration within a stipulated period and the buyer fails to do so, the contract stands automatically rescinded under Section 28 of the Specific Relief Act, 1963.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

Kaustav Chowdhury
2 min read


CERT-In Six-Hour Cyber Incident Reporting Rules: Mandatory Breach Notification Framework for Indian Businesses
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

Kaustav Chowdhury
4 min read


Undue Influence in Indian Contracts: When Agreements Become Voidable
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 un

Kaustav Chowdhury
3 min read


DPDP Act 2023: Significant Data Fiduciaries and Mandatory Obligations by November 2025
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

Kaustav Chowdhury
3 min read


IndSA Auditing Standards April 2026: How NFRA Is Overhauling India's Audit Framework
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

Kaustav Chowdhury
4 min read


India-EU Free Trade Agreement: What the Negotiations Mean for Indian Businesses and Legal Practitioners
Negotiations for a comprehensive Free Trade Agreement between India and the European Union resumed in June 2022 after a decade-long hiatus. The two sides are working towards a deal covering trade in goods, services, investment protection, and intellectual property. With the EU comprising 27 member states and representing one of India's largest trading partners, the shape of the eventual agreement will have significant implications for businesses, lawyers, and regulators on bo

Kaustav Chowdhury
2 min read


BIS Quality Control Orders 2026: Mandatory Certification Requirements Every Manufacturer and Importer Must Know
The Bureau of Indian Standards, functioning under the BIS Act, 2016, has significantly expanded the scope of mandatory product certification in India through a series of Quality Control Orders issued in 2025 and 2026. Products ranging from household furniture to aluminium utensils and aesthetic skin-treatment devices now require BIS certification before they can be manufactured, imported, or sold in India. Non-compliance attracts penalties under the BIS Act, including impriso

Kaustav Chowdhury
2 min read


Contract Damages and Breach: Supreme Court Framework Explained
When a contractual party breaches its obligations, the aggrieved party is entitled to damages under the Indian Contract Act. However, calculating damages and establishing the amount required to place an aggrieved party in the position it would have occupied had the contract been performed is not straightforward. Recent Supreme Court jurisprudence has clarified key principles governing contract damages, including the duty to mitigate loss, the distinction between liquidated da

Kaustav Chowdhury
4 min read
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