Adv. Puneet Thakur and Associates
Comprehensive Discussion on Agreements Under Indian Contract Law
Contracts form the backbone of legal relationships in various aspects of personal and professional life. The Indian Contract Act, 1872, governs agreements and their enforceability. Below is a detailed discussion on types of agreements, void and voidable agreements, followed by long drafts of key agreements and FAQs.
Types of Agreements Under Indian Contract Law
Sale Agreement
An agreement to transfer ownership of property or goods between parties for consideration.
Partnership Agreement
Defines roles, responsibilities, and profit-sharing terms among business partners.
Franchise Agreement
Establishes a franchisor-franchisee relationship, detailing rights to use trademarks and operations.
Live-In Relationship Agreement
Sets terms for couples cohabiting without marriage, addressing financial and personal aspects.
Confidentiality Agreement (NDA)
Ensures protection of sensitive information shared between parties.
Rental Agreement
A legal document defining terms and conditions between a landlord and tenant.
Employment Agreement
Outlines the terms of employment between an employer and employee.
Loan Agreement
Documents the terms of lending and repayment between a borrower and lender.
Presumption of Death:
Covers the provision of services between two parties, detailing deliverables, timelines, and compensation.
Void Agreements
​Agreements that cannot be enforced by law (e.g., those restraining trade, unlawful object).
Void Agreements and Voidable Agreements
Void Agreements
These agreements are invalid from the outset.
Examples:
• Agreements in restraint of trade.
• Wagering contracts.
• Agreements lacking lawful consideration.
Voidable Agreements
Valid unless avoided by the aggrieved party.
Examples:
• Agreements made under coercion, fraud, or undue influence.
Detailed Drafts of Key Agreements
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Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
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Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
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Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
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Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
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Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
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Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
