Restrictive covenants under the Employment Contract mean clauses that are incorporated in an Employment Contract in order to impose certain restrictions on the employees. These clauses are incorporated to safeguard and protect the business interests of the Company. This is the first part of a two-part series wherein we discuss about the legality of the restrictive covenants under the Employment Contracts. This article aims to ascertain the legal validity of such restrictive clauses.
The breach of contract occurs when the obligations in the contract are not fulfilled. There are certain obligations provided in the obligation clause of employment contract which has to be fulfilled, if it is not it will lead to a breach of contract.
By capping of liability, we mean stipulating a limit to the financial damages payable by a party to the contract, in the event of a breach. Commercial agreements of the current period have become very much advanced with various protective clauses, and one such clause is the “Liability Cap clause”.
Anticipatory breach or repudiation is a well-recognized concept in Indian courts and the law on it is fairly well settled. In instances of an anticipatory breach, it is at the discretion of the injured party being notified of the breach as to whether it wants to put an end to the contract or keep it alive for its benefit.
On May 31, 2023, the Securities and Exchange Board of India (SEBI) cancelled the Certificate of Registration of Karvy Stock Broking Limited (KSBL/ Company). This was a major blow to the Company, one of India’s leading stockbrokers, with over 2 million clients. This article analyses SEBI’s move, the Company’s acts and the laws surrounding the same. Further, it highlights the impact of this decision on investors.
The Code on Social Security (the Code), passed with a view to repeal and consolidate existing labor laws and facilitate ease of doing business, has introduced several changes in the Employees’ State Insurance (ESI) Scheme. This article brings forth the features pertaining to the ESI Scheme under the said Code, which proves crucial for both the employee(s) as well as the employer(s). A snippet of these features are as follows:
This article aims to explore the concept of drag-along and tag-along rights in India, examining their advantages, disadvantages, and legal implications. By shedding light on these rights, businesses and legal practitioners can better navigate the complexities of shareholder agreements and ensure alignment with Indian laws.
In an increasingly data-driven world, businesses in India are faced with the responsibility of managing and protecting vast amounts of..
In what can be termed an opportune moment for the capital market investors, the Finance Minister Nirmala Sitharaman recently proposed the merging of four laws that govern capital markets as well as Securities. These Acts include the Securities and Exchange Board of India Act, 1992 (“SEBI Act”), the Depositories Act, 1996 (“Depositories Act”), the Securities Contracts (Regulation) Act, 1956 (“SCRA”) and the Government Securities Act, 2007 (“GSA”). These laws have been aimed to be consolidated into a unified securities market Code.
With Paytm IPO around the corner, we try to answer as to how Paytm’s operations in India classified and regulated..