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Def. Lex-O-Pedia
Is a Pathological Arbitration Clause Fatal, and Does "No Discovery" Mean No Documents?
A clause naming a non-existent "International Arbitration Tribunal (VIAC)", seated in the wrong city and banning "discovery": a case study in how tribunals cure defective clauses, order targeted document production, and weigh vague settlement offers on costs.
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Def. Lex-O-Pedia
Can an Accused on Anticipatory Bail Obtain a Passport to Travel Abroad?
Pending criminal proceedings are a statutory ground for refusing a passport, but not an absolute bar. How an accused on anticipatory bail can obtain a court order permitting passport issuance and travel abroad, and the conditions courts attach.
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Def. Lex-O-Pedia
What Rights Does a Long-Term Oral Commercial Tenant Have Against Eviction?
A shop tenant of six decades with no written lease pays the landlord's municipal tax arrears to de-seal the premises, then faces an eviction demand. How oral tenancy law, restitution under Sections 69-70 of the Contract Act, rent control and injunction doctrine stack the defence in the tenant's favo
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Def. Lex-O-Pedia
A Returning NRI Wants to Invest Foreign Savings in an Overseas Company: Is It ODI or OPI, and What Does FEMA Require?
When a returning NRI invests foreign-earned savings into unlisted equity of an overseas company as a promoter-director, the transaction is Overseas Direct Investment under the 2022 rules. Here is the compliance map.
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Def. Lex-O-Pedia
Can an NRI Gift Money to Resident Parents in India, and What Tax, FEMA and Stamp Duty Rules Apply?
A gift from an NRI child to resident parents is permissible under FEMA with no cap and fully exempt in the parents' hands under Section 56(2)(x). The gift deed, stamp duty and documentation questions explained.
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Def. Lex-O-Pedia
Are Non-Compete Clauses Enforceable in India?
Section 27 of the Contract Act renders post-employment non-competes void no matter how reasonable, a rule reaffirmed in Varun Tyagi (2025). What remains enforceable: during-employment restraints, garden leave, non-solicitation and confidentiality.
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Def. Lex-O-Pedia
Are NDAs Enforceable in India, and What Happens on Breach?
An NDA binds in India as an ordinary contract; breach invites injunctions, damages and occasionally criminal process. But courts will not enforce vague, oppressive or disguised non-compete NDAs, and no NDA can silence a whistleblower. A map of the remedies, limits and exceptions.
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Def. Lex-O-Pedia
Can the MPA Restrict Pleasure-Craft Surveys to Accredited Organisations by Circular?
The Maritime and Port Authority of Singapore regulates pleasure-craft surveys by statute and subsidiary legislation. Can it use an administrative shipping circular to narrow a defined class of "recognised surveyor", exclude Director-authorised surveyors, or impose new training conditions for port cl
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Def. Lex-O-Pedia
Does a Related Party Transaction Require Filing Form MGT-14 With the ROC?
A related party transaction under Section 188 does not itself trigger MGT-14. Whether the form must be filed turns on the type of resolution passed — special versus ordinary, and board versus shareholder — and, for board resolutions, on whether the company is public or private.
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Def. Lex-O-Pedia
What Must a Magistrate Consider Before Remanding an Accused?
Remand is a judicial function, not a rubber stamp. Supreme Court and Allahabad High Court rulings require Magistrates to examine the case diary, verify the legality of the arrest, record reasons, respect the 15-day and 60/90-day limits, and refuse remand where the grounds are weak.
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Def. Lex-O-Pedia
When Does Termination for "Loss of Confidence" Amount to Stigmatic Dismissal?
The Supreme Court treats termination for "loss of confidence" as stigmatic when it rests on misconduct allegations, requiring a prior inquiry; where objective facts are already on record the inquiry may be dispensed with. Either way, compensation, not reinstatement, is the usual remedy.
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Def. Lex-O-Pedia
What Are the Tax Consequences of Settling a Loan by Transferring Unlisted Shares?
Settling an NBFC loan by transferring unlisted shares at fair market value triggers capital gains for the borrower under Sections 45, 48 and 50CA, and possible deemed income for the lender under Section 56(2)(x). How the provisions interact, and where double taxation arises.
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Def. Lex-O-Pedia
What Are the Core Legal Concepts of Jurisprudence, and How Does Indian Law Apply Them?
A comprehensive explainer on the eight core concepts of legal theory - legal person, rights and duties, possession, ownership, liability, justice, sovereignty and sources of law - with their key theorists and the Indian cases that apply them.
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Def. Lex-O-Pedia
Can a Foreign Company Be Joined as a Respondent in an NCLT Oppression and Mismanagement Petition?
A foreign-incorporated entity can be joined as a respondent in an NCLT oppression and mismanagement petition, but usually only as a proper party, and NCLT's power to make substantive orders against it is limited. How the necessary/proper distinction, misjoinder and the territorial reach of Section 2
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Def. Lex-O-Pedia
Is a Demand Promissory Note Compulsory to Enforce a Loan?
A demand promissory note is evidence of a debt, not a precondition to recovering it. How Indian courts treat the note as conditional payment, why the loan survives a defective note, and how a lender proves a loan without one.
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Def. Lex-O-Pedia
What Do the Landmark and Recent Judgments Say About Bail in India?
From Balchand and Moti Ram to Kapil Wadhawan, Manish Sisodia and Gulhasan Gulsher Khan: a survey of the landmark and recent judgments that shape bail under the BNSS 2023 and the special regimes of the PMLA and the NDPS Act.
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Def. Lex-O-Pedia
What Are the Five Pillars of E-Commerce Compliance in India?
From the E-Commerce Rules 2020 to the DPDP Act 2023, GST tax collection at source and RBI payment aggregator norms — a five-pillar map of the obligations, penalties and enforcement trends confronting every online marketplace operating in India.
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Def. Lex-O-Pedia
How Does India's GST Framework Work, From Registration to Returns, ITC and Audit?
A working map of India's GST regime after GST 2.0 — the four Acts, the 0/5/18/40 rate slabs, invoicing and e-way bill rules, the returns calendar, input tax credit and its blocked-credit traps, reconciliation, penalties and the composition scheme.
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Def. Lex-O-Pedia
How Do You Run Global Litigation Due Diligence on an Indian IT Major?
A working methodology for litigation due diligence on a listed Indian IT services company: which registries, regulators and databases to search in each jurisdiction, the exposure categories that matter, how to grade materiality, and what public-record searches cannot show.
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Def. Lex-O-Pedia
Can a Fungal-Protein Food Be Licensed as a Proprietary Food, or Does It Need Novel-Food Approval?
When a fungal or mycoprotein product can be licensed as an FSSAI proprietary food and when it falls into the non-specified/novel-food route, how downstream products using it are licensed, and what the non-disclosure of the source organism does to the licence.
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Def. Lex-O-Pedia
Can a Franchisor Terminate a Franchise Agreement for Convenience Under Indian Law?
India has no franchise statute, so a franchisor's exit rights live or die by the contract. When convenience termination is enforceable, what a valid notice must contain, and which post-termination obligations survive Section 27 of the Contract Act.
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Def. Lex-O-Pedia
What Protections Should Founders Negotiate in Shareholders' Agreements With European Investors?
Indian statute, not the investor's term sheet, sets the outer limits of a shareholders' agreement. How founders dealing with European investors can use Companies Act supremacy, Section 27, NCLT oppression remedies and market benchmarks to push back on aggressive terms.
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Def. Lex-O-Pedia
What Defences Can an Ex-Director Raise Against a Personal GST Penalty Under Section 122(1A)?
Section 122(1A) of the CGST Act penalises only taxable persons who retain the benefit of specified transactions. The defences open to an ex-director facing a personal penalty: the taxable-person requirement, no vicarious liability, non-retrospectivity, defective service and natural justice.
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Def. Lex-O-Pedia
Can an Organiser Refuse to Refund Event Fees When a Participant Is Medically Unable to Attend?
Blanket "fees once paid are non-refundable" policies are not the last word in Indian law. Section 56 frustration, the unconscionability doctrine and the Consumer Protection Act 2019 all bear on a participant who is medically unable to attend a paid event.
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