Tag: Novation
July 19, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
The Delhi High Court Discusses the Effect of Novation o...
The Delhi High Court recently in the case of B.L. Kashyap and Sons Limited vs. Mist Avenue Private Limited held that when a new contract novates the original contract, the arbitration clause would also stand extinguished by virtue of the new agreement. This decision is based on the principle of novation of a contract which is enshrined in Section 62 of the Indian Contract Act, 1872. ......
June 19, 2018
Corporate Law | Commercial Contract
Corporate Law | Commercial Contract
Series on Boiler Plate Clauses – Part 1
Clauses that usually appear at the end of a contract are called Boiler Plate Clauses. Although often grouped together, boilerplate provisions don't have much in common with one another except that they don't fit anywhere else in the agreement. For that reason, they are usually clubbed together at the end of the agreement under a title such as "Miscellaneous," "General," or "Standard." Most boilerplate clauses clarify the relationship between the contracting parties. Typically, when a dispute arises it is these boiler plate clauses which are first referred to. The effect of a boilerplate clause is most often noticed when it is omitted from a contract. In the present series, we are focusing on four significant boiler plate clauses of a contract – assignment, severability, notices and force majeure....
RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...
Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...
Government Sahyog in Tightening Takedowns
In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...
Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration
As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.
The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...
Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...
On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
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