Supreme court latest judgement on employment contracts Share On : Why employment contract should be having clauses which are critical for safeguarding interests of the employer? First lets understand what an employment contract means: An employment contract is a legally binding agreement that outlines the terms and conditions of employment between an employer and an employee. It defines the rights, responsibilities, and obligations of both parties during the employment relationship. This agreement helps establish clear expectations and provides a framework for a stable working relationship, minimizing potential disputes. What are the Components of an Employment Contract: Job Title and Responsibilities: Clearly defines the employee’s role and the scope of their work. Salary and Benefits: Specifies the employee’s compensation, including wages, bonuses, and other benefits. Work Hours and Schedule: Outlines the expected work schedule, including daily or weekly hours and overtime policies. Probation Period: If applicable, specifies the duration of the probation period and its terms. Termination Conditions: Details the process for terminating the employment relationship, including notice periods. Confidentiality and Non-Compete Clauses: Addresses confidentiality obligations and restrictions on competing with the employer after termination. Other Provisions: Can include clauses related to intellectual property rights, dispute resolution, and other relevant terms. What are Types of Employment Contracts: Fixed-Term Contracts: These contracts have a specific start and end date. Permanent Contracts: These are indefinite contracts that continue until terminated by either party. Casual Contracts: These contracts are typically for short-term, irregular work. Zero-Hours Contracts: These contracts require employees to be available for work but don’t guarantee a minimum number of hours. Contract Employees: These employees are hired for a specific period to work for a client. Temporary Contracts: These contracts are for short-term assignments, often project-based. What is the Importance of Employment Contracts: Clarity and Transparency: Employment contracts provide a clear understanding of the terms of employment, reducing ambiguity and potential misunderstandings. Legal Protection: They protect the interests of both the employer and employee by outlining their respective rights and obligations. Dispute Resolution: In case of disputes, the contract serves as a reference point for interpreting responsibilities and resolving issues. Compliance: Employment contracts help ensure compliance with labor laws and regulations. Safeguarding of employers interest: Employers and its clients data is very important to them, it is crucial that employees dont use this critical data for their personal interests or of the interests of the competitors of their client. Employment contract should have a clear provision and clauses which safeguards this critical data which is very important. Damages: The employment contract should have the provision of damages in case of breach of employment contract and data infringement and leakage of critical data. It should define properly the kind of damage as it can lead to immense financial and intellectual property loss of the employer. The Supreme Court has recently clarified the enforceability of employment bonds and standard form contracts, emphasizing that while such contracts are generally valid, they must be scrutinized for fairness and reasonableness. Specifically, the court has upheld the validity of minimum service clauses in employment contracts, particularly in public sector undertakings, while also laying down principles for interpreting standard form contracts. Here’s a more detailed breakdown: Enforceability of Employment Bonds: The Supreme Court has affirmed that employment bonds, including clauses requiring a minimum service period or imposing penalties for early resignation, are generally enforceable. The court has clarified that these clauses do not automatically constitute a restraint of trade under Section 27 of the Indian Contract Act, 1872, or violate public policy, especially when they are designed to protect the employer’s interests and ensure continuity of service. However, the court will examine such clauses on a case-by-case basis, considering factors like the reasonableness of the terms, the balance between employer and employee interests, and the specific context of the employment relationship. For example, in the case of Vijaya Bank v. Prashant B. Narnaware, the Supreme Court upheld the validity of a bond requiring an employee to pay a penalty for resigning before completing the minimum service period. Standard Form Employment Contracts: The Supreme Court has recognized that standard form contracts, often drafted by employers with little to no bargaining power for the employee, require careful scrutiny. The court has laid down principles for interpreting these contracts, acknowledging the inherent power imbalance but emphasizing that they are not automatically invalid. When an employee challenges a term in a standard form contract, the court will consider factors like undue influence, coercion, and whether the term is against public policy. The burden of proving that a restrictive covenant in such a contract is fair and reasonable lies with the employer. Key Considerations: Public Policy: The Supreme Court has emphasized that employment contracts must align with public policy, which includes considerations like the nature of the work, the need for re-skilling, and the retention of specialized talent. Reasonableness: The terms of an employment contract, including any bond or restrictive covenant, must be reasonable and proportionate to the employer’s legitimate business interests. Balancing Interests: The Supreme Court aims to strike a balance between the employer’s need to protect their business interests and the employee’s right to fair treatment and freedom of movement. Case-by-Case Analysis: The enforceability of employment contracts and their specific clauses will be determined on a case-by-case basis, taking into account the unique facts and circumstances of each situation. In essence, the Supreme Court’s recent pronouncements on employment contracts highlight the importance of fairness, reasonableness, and a balanced approach to the employer-employee relationship, while also recognizing the validity of employment bonds and standard form contracts under certain conditionsIn cases of data theft by employees, the Supreme Court has emphasized that both the Information Technology Act and the Indian Penal Code can be applied, meaning that data theft can be both a cybercrime and a criminal breach of trust. Companies can be held liable for failing to protect sensitive employee data, and employees who steal data can face legal repercussions, including imprisonment and fines. Employees who steal or misuse data can be prosecuted
Supreme Court’s Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough
Supreme Court’s Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Share On : Why Registration Alone Is Not Enough In a landmark property judgment delivered in June 2025, the Supreme Court of India has clarified a critical legal principle: Registration of a property alone does not amount to legal ownership. This verdict has sent ripples across the real estate industry, affecting homebuyers, real estate investors, builders, and legal professionals alike. At Corpsage Legal, we break down this judgment and what it means for you — whether you’re buying, selling, or investing in property in India. What Was the Supreme Court’s Verdict? The Supreme Court held that mere registration of a sale deed does not confer ownership rights if the seller does not possess a clear and marketable title. Key Takeaway: Registered ≠ Owner. Ownership = Registered + Legally Verified Title + Supporting Documentation This ruling is expected to impact thousands of property transactions, especially in metro cities where real estate disputes are common. Why Is This Important for Buyers and Investors? Most buyers believe that once a sale deed is registered, they are the lawful owners of the property. However, the Supreme Court clarified that legal ownership depends on: Title Deed Verification Mutation Entry in Revenue Records Actual Possession of Property Tax Receipts and Proof of Payment Approvals like Occupancy Certificate (OC) and Encumbrance Certificate (EC) Failure to verify these can lead to: Ownership disputes Land grabbing claims Loss of investment Legal complications Major Legal Implications of the Judgment 1. Increased Due Diligence: Buyers will now be required to conduct thorough property title checks before registering the property. 2. Real Estate Builders & Developers: Developers must ensure clean title history, proper approvals, and RERA compliance before selling units. 3. Market Impact: This may slow down registration processes but increase legal transparency and reduce real estate frauds. 4. Administrative Limitations: Authorities can no longer rely solely on a registered deed to process ownership changes. Checklist: What You MUST Verify Before Buying Property Verify the chain of title for 30 years Obtain mutation records from revenue authorities Check for encumbrance certificate (EC) Ensure the property has an occupancy certificate (OC) Confirm tax payments are up to date Cross-check with RERA registration if applicable Get a legal title search report from a trusted law firm like Corpsage Expert Legal Advice from Corpsage At Corpsage, we specialize in: Property Title Verification Legal Due Diligence for Real Estate Property Dispute Resolution Drafting & Reviewing Sale Deeds, Lease Agreements, and Builder Agreements We have helped hundreds of buyers and investors safeguard their real estate investments with bulletproof legal strategies. Final Thoughts This Supreme Court judgment is a game-changer in Indian property law. It brings much-needed clarity and protection for genuine property buyers — but only if they follow the right legal steps. Before signing that sale deed, ask yourself: “Is the title clear?” “Do I have full legal ownership?” “Have I consulted a real estate lawyer?” If not, reach out to Corpsage Legal today for end-to-end property legal support. How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for info@corpsagelegal.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India. Keywords : Supreme Court property ownership judgment 2025 Property title verification in India Legal ownership vs registration Real estate due diligence Property mutation records India How to check legal property documents Indian property law update June 2025 What is legal ownership of property Property registration not equal to ownership Corpsage Legal real estate law experts Supreme Court’s Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Supreme Court’s Latest Ruling on Property Ownership in India: Why… Read More Ashish BhardwajJune 25, 2025 Need to file Property Matters in the Supreme Court of India? Need to file Property Matters in the Supreme Court of… Read More Ashish BhardwajJune 23, 2025 What to Do If a Payment Cheque Bounces What to Do If a Payment Cheque Bounces Share On… Read More Ashish BhardwajJune 20, 2025 How to Structure a Partnership | Corpsage How to Structure a Partnership | Corpsage How to Structure… Read More Ashish BhardwajJune 17, 2025 What is Contract Management What is Contract Management What is Contract Management? How Does… Read More Ashish BhardwajApril 6, 2025 Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Mumbai High Court – Courts Can Act u/s 9 of… Read More Ashish BhardwajApril 6, 2025 Load More Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
Need to file Property Matters in the Supreme Court of India?
Need to file Property Matters in the Supreme Court of India? Share On : LOOKING FOR A LAWYER RELATED TO PROPERTY MATTERS IN THE SUPREME COURT OF INDIA Corpsage Legal is a law firm that can solve your typical Property matters. Expertise: We specialize in providing end to end solutions to industries & individuals for their specific legal needs in the real estate market For Industries Title Deed verification Identification & Acquisition of land for setting up industry Architectural Drawings, Map Sanction, Construction Drawings, Construction Services through our sister concern, Completion, Functional Certifcates from Authority Business Compliance like NOC from Pollution Control Board, Fire NOC For Individuals Property Due Diligence-Study of documents pertaining to title/ownership rights, mutation, mortgage, bank NOC, litigation history Counseling, advising and formulation of strategy on the property matter in dispute. Execution of transfer of Title documents PROPERTY MATTERS Both state laws and central laws govern the real estate laws and regulations in the country.Property law is the set of rules and regulations that governs how a property can be acquired, owned utilized and alienated. It encompasses a range of subjects such as transfer of property procedures, contract act principles and inheritance laws, among others. Following acts are most relevant related to real estate in India : Transfer of Property Act, 1882 : The Transfer of Property Act is a law, in India that governs and establishes guidelines and procedures for the transfer of property more specifically, immovable property like land and real estate. It sets out the principles and procedures for transferring property through means such as sale, mortgage, lease, gift and exchange. Its primary purpose is to facilitate the transfer of property, from one individual to another. Partition Act of 1893: The Partition Act of 1893 is significant, in the realm of property law because it addresses the challenges that arise when properties owned jointly need to be divided among its co-owners. This legislation provides a framework that helps both courts and individuals navigate the complexities of partition cases ensuring a fair distribution of property rights. Indian Succession Act, 1925: The succession law sets out the guidelines, for how property’s distributed when someone dies either with or without a will. The Indian Succession Act of 1925 specifically deals with cases involving a written will (testamentary succession). However, if there is no written will, the laws regarding intestate succession or unwilled succession outlined in the Hindu Succession Act of 1956 would apply. Hindu Succession Act, 1956: Hindu Succession Act governs the Hindus as the name suggests. According to the Act, the person who converts into any other religion can still claim his share in the ancestral property but the child of the converted person cannot. Muslim Personal Law (Shariat) Application Act, 1937: The Muslim Personal Law (Shariat) Application Act applies in the case where both the parties are Muslims. Even if the son has converted into another religion, he is the biological son who has a right to claim over the ancestral property. The act also states that if the child is born out of wedlock, he has the right to claim over the ancestral property Land Acquisition Act, 1894: This Central Act was enacted to amend the law for the acquisition of land for public purposes and companies. It contains provisions relating to the acquisition of land needed for public purposes and for determining or assessing the amount of compensation that is required to be payable for such acquisition in a speedy method by the collector. RIGHTS OF PROPERTY OWNERS: Ownership encompasses several rights and responsibilities, including: Right to ownership and possession: The right to own, possess, and utilize property is the principal legal right of a property owner. The right to actual possession of the property and the prohibition against unauthorized use or access belong to the owner. As long as the use is legal, they are free to occupy it, rent it out, or give it to others. Right to Transfer: The property owner may give another person ownership of the asset through a sale, gift, lease, or inheritance. These transfers, though, can be subject to particular regulatory requirements and taxation. Right to Exclude: The owner has the authority to bar anyone from using or entering the property without permission.It may be illegal to trespass or enter property without authorization. Right to Enjoyment: Property owners are free to make any use of their property. This includes the ability to enjoy the returns on their investment, modify the property in accordance with local building rules, and access and utilize amenities. Right to Privacy: While an owner’s right to privacy is guaranteed inside the bounds of their property, there are several circumstances in which this right may be curtailed, such as when law enforcement has a good cause to search the land. Right to Inheritance: Property owners have the option to bequeath their holdings to heirs through a will or in line with applicable succession laws. The right of legal heirs to inherit property is also recognized. Statutory Rights: In the event that their property is seized for public use, owners of real estate are entitled to legal recourse and a range of legal safeguards against the government acquiring land without their permission. How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for info@corpsagelegal.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India. Supreme Court’s Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Supreme Court’s Latest Ruling on Property Ownership in India: Why… Read More Ashish BhardwajJune 25, 2025 Need to file Property Matters in the Supreme Court of India? Need to file Property Matters in the Supreme Court of… Read More Ashish BhardwajJune 23, 2025 What to Do
What to Do If a Payment Cheque Bounces
What to Do If a Payment Cheque Bounces Share On : What to Do If a Payment Cheque Bounces: Legal Steps Every Business Should Know A bounced cheque isnt just a financial inconvenience its a legal matter that can severely impact your business cash flow and credibility. In India, cheque dishonour is a punishable offence under Section 138 of the Negotiable Instruments Act, 1881. At Corpsage Legal, we assist individuals and businesses in taking swift and lawful action in cases of cheque bounce or dishonour. What Is a Cheque Bounce? A cheque bounce occurs when a bank declines to honour a cheque due to reasons such as: Insufficient funds Signature mismatch Account closed Stop payment instructions Cheque validity expired According to Indian law, dishonouring a cheque issued for repayment of a legally enforceable debt or liability is an offence. 🔗 Read about Section 138 Negotiable Instruments Act Step-by-Step Legal Process to Follow After a Cheque Bounce Obtain Return Memo from the Bank : When the cheque is returned unpaid, the bank will issue a cheque return memo stating the reason for dishonour. This document is critical for initiating legal action. Send a Legal Notice Within 30 Days : You must send a legal notice to the cheque issuer within 30 days of receiving the cheque return memo. The notice should Mention the cheque amount, date, and reason for dishonour Demand payment within 15 days of receiving the notice Be sent via registered post or courier with proof Need to send a legal notice? Contact Corpsage Legal to get it drafted and served professionally Wait for the Mandatory 15-Day Grace Period : The drawer (issuer) is given 15 days to make the payment after receiving the notice. If they pay within this time, no further legal action can be taken. File a Criminal Complaint in Court : If payment is not made within 15 days, you can file a criminal complaint under Section 138 in the Magistrates Court within 30 days of expiry of the grace period. Youll need: Original bounced cheque Bank return memo Copy of legal notice sent Postal receipts or tracking proof Affidavit and supporting documents Court Proceedings and Possible Penalties : Once the complaint is admitted, the court may issue summons. If proven guilty, the drawer may face: Up to 2 years imprisonment Monetary fine up to double the cheque amount Or both The court may also order compensation to the complainant. 🔗 Understand the Cheque Bounce Penalty in Detail RBI FAQ Civil Remedies Alongside Criminal Action : You may also initiate a civil suit for recovery of the cheque amount under the Code of Civil Procedure, 1908, particularly if the cheque was part of a commercial transaction or contract. How Corpsage Legal Can Help Drafting and serving legal notices Filing and representing you in court Negotiating settlements and recovery Providing documentation and litigation support Need legal help with a bounced cheque case? Book a consultation with our expert litigation team. Common Mistakes to Avoid Ignoring deadlines (30 days to issue notice, 15 days for payment, 30 days to file complaint) Accepting partial payments without legal documentation Not keeping proof of notice delivery Frequently Asked Questions (FAQs) Q1: Can I send a legal notice via email or WhatsApp?While traditional notice via post is recommended, courts are increasingly accepting digital proof but its best to consult a lawyer for proper service methods. Q2: What if the cheque was given as a gift or without legal liability?Cheque bounce law applies only to legally enforceable debts or liabilities not gifts, donations, or blank cheques without purpose. Q3: Can I claim interest or legal expenses?Yes. You can claim interest, court costs, and legal fees under civil recovery proceedings How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for info@corpsagelegal.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India. Supreme Courts Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Supreme Courts Latest Ruling on Property Ownership in India: Why Read More Ashish BhardwajJune 25, 2025 Need to file Property Matters in the Supreme Court of India? Need to file Property Matters in the Supreme Court of Read More Ashish BhardwajJune 23, 2025 What to Do If a Payment Cheque Bounces What to Do If a Payment Cheque Bounces Share On Read More Ashish BhardwajJune 20, 2025 How to Structure a Partnership | Corpsage How to Structure a Partnership | Corpsage How to Structure Read More Ashish BhardwajJune 17, 2025 What is Contract Management What is Contract Management What is Contract Management? How Does Read More Ashish BhardwajApril 6, 2025 Mumbai High Court Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Mumbai High Court Courts Can Act u/s 9 of Read More Ashish BhardwajApril 6, 2025 Load More Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
How to Structure a Partnership | Corpsage
How to Structure a Partnership | Corpsage How to Structure a Partnership: A Complete Legal Guide for Indian Businesses A well-structured partnership is the backbone of many successful businesses. Whether youre starting a new venture with a colleague or formalizing an existing collaboration, defining a clear legal framework is essential for growth, stability, and compliance. At Corpsage Legal, we guide entrepreneurs, professionals, and investors in structuring legally sound and future-proof partnerships in India. Why Structuring a Partnership Properly Matters Improperly structured partnerships often lead to conflicts, legal disputes, and business failure. A solid legal foundation ensures: Defined roles and expectations Protection of each partners rights and assets Clarity in financial contributions and profit sharing Mechanisms for conflict resolution and dissolution Step-by-Step Guide to Structuring a Partnership in India Choose the Right Partnership Type : India recognizes several forms of partnerships. The most common are: General Partnership (under the Indian Partnership Act, 1932) Limited Liability Partnership (LLP) (under the LLP Act, 2008) Registered vs. Unregistered Partnership Firms 🔗 Learn more about LLPs from the Ministry of Corporate Affairs 📘 Want to register your partnership? Contact Corpsage Legal for expert assistance. Draft a Detailed Partnership Agreement : A Partnership Agreement is the heart of your partnership structure. It should include: Names and addresses of all partners Capital contributions Profit/loss sharing ratios Management duties and authority Dispute resolution clauses Entry and exit mechanisms Intellectual property rights Termination or dissolution procedures Register Your Partnership (Recommended) : While not mandatory under Indian law, registering your partnership firm: Adds legal credibility Enables you to file lawsuits against third parties Offers better compliance in banking and tax matters We assist with partnership firm and LLP registration click here to learn more Apply for PAN, GST, and Bank Account : Post-registration, youll need to: Obtain a PAN Card for the firm Register for GST (if turnover exceeds ₹20 lakhs) Open a dedicated business bank account in the firms name Apply for a PAN Card for your firm at the NSDL portal Ensure Legal & Tax Compliance : Maintain proper books of accounts, file annual income tax returns, and fulfill compliance obligations under the Income Tax Act and GST Act. LLPs also have ROC filing duties. At Corpsage Legal, we offer ongoing compliance management and legal audit services to ensure youre always protected. Common Mistakes to Avoid While Structuring a Partnership Not having a written agreement Ignoring exit or dissolution clauses Unequal workload without fair compensation Failing to separate personal and business finances Corpsage Legal Can Help You Build a Legally Strong Partnership From business registration to custom contract drafting, we offer full-spectrum legal services tailored to your partnership needs. Ready to formalize your partnership? Book a legal consultation Frequently Asked Questions (FAQs) Q1: Can I convert a general partnership to LLP later?Yes, conversion is possible under the LLP Act, 2008. We can help you file the necessary forms and documents. Q2: Is it mandatory to register a partnership in India?No, but registration gives you legal standing to enforce rights under the Indian Partnership Act. Q3: How are profits taxed in a partnership?Partnership firms (including LLPs) are taxed at a flat rate of 30%, plus applicable surcharge and cess. Partners are also taxed on their income share. Tags: partnership agreement India, how to structure a partnership, LLP formation, business partner legal agreement, partnership compliance India, startup legal help How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for info@corpsagelegal.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India. Supreme Courts Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Supreme Courts Latest Ruling on Property Ownership in India: Why Read More Ashish BhardwajJune 25, 2025 Need to file Property Matters in the Supreme Court of India? Need to file Property Matters in the Supreme Court of Read More Ashish BhardwajJune 23, 2025 What to Do If a Payment Cheque Bounces What to Do If a Payment Cheque Bounces Share On Read More Ashish BhardwajJune 20, 2025 How to Structure a Partnership | Corpsage How to Structure a Partnership | Corpsage How to Structure Read More Ashish BhardwajJune 17, 2025 What is Contract Management What is Contract Management What is Contract Management? How Does Read More Ashish BhardwajApril 6, 2025 Mumbai High Court Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Mumbai High Court Courts Can Act u/s 9 of Read More Ashish BhardwajApril 6, 2025 Load More Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
What is Contract Management
What is Contract Management What is Contract Management? How Does Corpsage Legal LLP Help Businesses? For all businesses, contract management is very important. It comprises controlling operations, executing plans, and assessing the performance to grow the business with minimal risk. It deals with all types of contracts, including everyday ones, to expand relationships with clients, vendors, or partners. Contract management lawyers have several responsibilities like creating legal documents for agreements; executing, understanding, and handling issues related to contracts; making required changes and terminating contracts when needed. The contract managers oversee the entire contract management process. They possess legal knowledge which is needed to draft contracts. They assist in managing the financial aspects of contracts, negotiating terms, making changes, and executing agreements. These managers also conduct simulations of financial crises and monitor the financial stability related to the contract’s aspects. The business contracts have a long-term interval that may be used for suing in case there is any violation of the contract’s terms and conditions. How Corpsage Lawyers Help You? The team of lawyers at Corpsage Legal LLP is professional and experienced in providing contract management services. Our lawyers have complete knowledge of all types of contracts and the legalities involved in them. Backed with this information, Corpsage lawyers help businesses in drafting, executing, and implementation contracts that are relevant to each business. They are available 24×7 for the customers helping them with other aspects of contract management services such as finding a resolution of any dispute in the contract, defining payment terms, and others. What Are Different Types of Contracts? (I) Adhesion Contracts: These are created by the stronger party (having bargaining power) and are known as a type of “opt for it or do not” contract. The stronger party leaves the opposing party with the option of accepting or rejecting the contract. (II) Aleatory Contracts: These include a mutual agreement that is implemented after an unforeseen occurrence, accident, or natural calamity. Aleatory contracts pose small risks to both parties. Ex. Car Insurance, Fire Insurance, Etc. (III) Bilateral and Unilateral Contracts: Bilateral Contracts: Involves 2 parties. Called two-sided contracts. Involves mutual promises between both parties. Both parties have an obligation to each other. Unilateral Contracts: Just one party makes a promise. Consists of an offeror (making the promise) and an offeree (receiving the offer). The offeror is legally bound to fulfill their promise. The offeree is not obligated to do anything unless they accept the offer by performing the requested action. (IV) Express Contracts: In these contracts, the conditions are stated explicitly, either verbally or in written documentation. (V) Implied Contracts: These contracts do not have any oral or written terms and are assumed based on the circumstances or actions of the parties. For example, when a patient visits a medical expert, he expects to be diagnosed, advised, and/or treated for an ailment. It is an implied contract, wherein the patient can sue the medical expert for malpractice. (VI) Void and Voidable Contracts: Void contracts have no legal status and are illegal from the start. Under no condition, can they be enforced under the law? In voidable contracts, one party is bound by it. The unbounded party has the choice of terminating the contract as it is not obligated to it. How to Contact Corpsage Legal LLP? To connect with us for contract management services for your business, follow any of the below-mentioned ways: Email: Send us an email with your specific requirements for info@corpsagelegal.com Mobile: Call us at (+91) 8383943889 or (+91) 8588998935 Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/ Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India. Supreme Court’s Latest Ruling on Property Ownership in India: Why Registration Alone Is Not Enough Supreme Court’s Latest Ruling on Property Ownership in India: Why… Read More Ashish BhardwajJune 25, 2025 Need to file Property Matters in the Supreme Court of India? Need to file Property Matters in the Supreme Court of… Read More Ashish BhardwajJune 23, 2025 What to Do If a Payment Cheque Bounces What to Do If a Payment Cheque Bounces Share On… Read More Ashish BhardwajJune 20, 2025 How to Structure a Partnership | Corpsage How to Structure a Partnership | Corpsage How to Structure… Read More Ashish BhardwajJune 17, 2025 What is Contract Management What is Contract Management What is Contract Management? How Does… Read More Ashish BhardwajApril 6, 2025 Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Mumbai High Court – Courts Can Act u/s 9 of… Read More Ashish BhardwajApril 6, 2025 Load More Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement
Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement Under the L&T Finance Limited v. Diamond Projects Limited and 4 Other Petitions, the Bombay High Court (“HC”) has stated that under Section 9 of the Arbitration and Conciliation Act (“Act”), there is no requirement to determine the Arbitration Agreement’s validity. The HC further cleared that an interim relief should be provided on a three-fold test that comprises (a) prima facie case (b) balance of convenience and (c) irreparable injury. In addition, the decision of HC also stated that any insufficiently or inadequately stamped document/agreement/instrument will not preclude any party from seeking interim measures according to the provisions available under Section 9 of the Act. At a pre-arbitral hearing, the HC heard five petitions seeking interim relief/measures. It was determined on the basis that all matters were similar since each Respondent had contested the petition on the grounds that the arbitration agreement or arbitration clause in the agreement/instrument was insufficiently stamped or unstamped in accordance with the Indian Stamp Act or Maharashtra Stamp Act; therefore it cannot be considered an existent agreement and cannot be enforced. As the Court concluded, granting interim measures cannot be hindered by a document’s inadmissibility based on its lack of a duly stamped seal. When a document is produced for admission during evidence, the admissibility issue should be addressed later in the proceedings. The Statement Issued By The Bombay High Court In short, Section 9 enables the Court to exercise its jurisdiction and pass such orders, as are required to maintain substratum of the subject matter of the arbitration, though the Court may not return a finding on the merits of the claim made or a dispute raised by the parties before the Arbitrator. It was also clarified that the Court can grant interim relief under Order XXXIX of the CPC even if the underlying documents are not properly stamped. It was also clarified that the power available under Section 9 should be exercised in a similar way. In its ruling, the court stated that “The Court cannot be stopped in its tracks if it finds that the petitioner has made out a case for interim relief under Section 9.” Mumbai High Court – Courts Can Act u/s 9 of Arbitration Act Despite Unstamped Agreement A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajApril 6, 2025 Patent Infringement Remedies A Lawyer’s Newest Resolution To Stay Out Of Trouble –… Read More Ashish BhardwajFebruary 8, 2022 Fill up the following form Get Online Legal Advice Fill up the following form with your query & questions, and we shall send you a detailed email response within 24 hours.
Patent Infringement Remedies
A Lawyer’s Newest Resolution To Stay Out Of Trouble – 2022 What do you mean by patent infringement? It refers to the violation of the rights of the patent owner related to some type of invention. We say that patent infringement occurs when some other party uses, sells, or makes a patented item without obtaining legal permission from the owner or holder of that specific patent, who is called the plaintiff if he files a case for patent infringement. It is governed by the Patent Act 1970. There have been a few popular Patent Infringement Cases In India such as Canva va RX Prism (Indian Startup) (2023), Samsung vs. Ericsson (2014), Novartis vs. Union of India (2013), Bajaj Auto vs. TVS Motor (2007), and others. For these cases, patent infringement lawyers are hired by the respective clients and they use their legal knowledge to solve the issue and win the case for their clients. Trademark Infringement Lawyers and Copyright Infringement Lawyers are the two most important legal professionals in this domain. Let us have a look at some important points related to patent infringement remedies/reliefs, and patent lawyers in Noida, Delhi, and other parts of India. Sections 104 to 115 of the Patent Act 1970 deal with different aspects of patent infringement in India. A brief about his is given below: Making, Using, Selling, or Importing: Unaccredited actions concerning the patented invention. Defenses Against Infringement Research Exemption: Carry out research work for non-commercial purposes Experimental Use: Carry out experimental work using the patented invention What Are Reliefs/Remedies For Patent Infringement? Civil Remedies: The patentee has the option of filing a civil suit seeking injections, damages, or an account of profits. Criminal Remedies: In a few cases, the patentee can take the route of criminal proceedings which may lead to fines or imprisonment. Other reliefs according to Section 108(1) of the Patent Act, 1970 are discussed later in this article. A few Key Points Related To Patent Infringement International Treaties: TRIPS (Trade-Related Aspects of Intellectual Property Rights) is one of the international treaties to which India is a signatory. With this, minimum standards have been set to safeguard intellectual property rights. Enforcement and Litigation: The patent holder has the legality to enforce its rights via filing a lawsuit in a court of relevant jurisdiction. Compulsory Licensing: There are a few specific conditions wherein the Indian government grants compulsory licenses to 3rd parties for making a patented invention without any consent of the patentee. It is done mainly to address the issues of public interest. Challenges in Enforcement: The enforcement of patent rights is challenging in some situations because of the lengthy legal procedures, resource constraints, and the requirement for specialized knowledge. Role of Intellectual Property Offices: These offices are primarily engaged in granting, regulating, and overseeing patent rights. Global Perspective: An international perspective has to be taken into account when determining jurisdiction and enforcement in patent infringement cases. Continuous Monitoring: The patent holder has to actively monitor the market & industry for potential infringements, to which timely legal action must be taken when necessary. With the Patent Infringement Cases In India as an example, it is understood that in such cases the patent holders as well as the potential defendants both need to have an understanding of the legal framework. Both also seek professional advice as the specifics of the patent law might evolve. We – Corpsage Legal LLP, offer patent infringement services wherein remedies/reliefs are given in a completely tailored way according to the requirements of the clients. We provide the best Patent lawyers in Noida and other Indian cities. Herein, Patent Infringement Lawyers like Trademark Infringement Lawyers and Copyright Infringement Lawyers are a part of our team. They have experience with the Patent Infringement Cases In India and provide all the services according to the Patent Act 1970. All our advocates stay updated with the new amendments and introduction of laws making them experts in the current legal landscape. Impact of TRIPS Amendment on the Patents Act, 1970 Initially, in the cases of patent infringement, the responsibility to prove the infringement always rested on the person who owns the patent (called the plaintiff). But, TRIPS has made changes to the Patents Act, 1970, specifically through the addition of Section 104A, which brought in the concept of “reversed burden of proof”. This concept states that in case the patent is related to some process that results in the making of a new product and there are significant chances that some other identical product is created using the same process, the burden of proving non-infringement will shift to the defendant in case the patent owner, despite judicious efforts, couldn’t scrutinize the exact process. Section 108(1) of Patent Act, 1970 Is For “Reliefs In Suit For Infringement” In case a plaintiff’s patent rights get violated, he/she can get relief with Section 108(1) of The Patents Act, 1970. There are three remedies for the patentee – Temporary/Interlocutory Injunction, Permanent injunction, and Damages. Let us discuss these here: Injunctions : It is a court order according to which the infringing party must stop making, using, selling, or importing the infringing product. Injection is also known as a preventive legal measure whose aim is to preserve the value of the patent and ensure that the patent holder receives no further harm. injection can be obtained by the patent holder by proving that his patent is valid and that it has been infringed upon by the defendant. There are three types of injunctions viz temporary, permanent, and ex-parte. Temporary Injunction: In terms of patent infringement remedies, it is a type of interim decision provided before the final verdict of the case. The temporary injunction preserves the status quo of the patent holder. A continuation of the infringing activity would cause irreparable harm to them, which is another reason why they are likely to succeed in their lawsuit. Before granting this type of injunction, the court considers three points viz Prime
