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Naresh (student)     19 August 2014

Non compete clause

Hi All

In nearly all of the commercial contracts, the Non-Compete clause and the Non-Circumvention clause is included; what is the legal stand on these clauses in India, is this enforceable?


Regards

Naresh.M



Learning

 5 Replies

Kumar Doab (FIN)     19 August 2014

In case of Commercial Contracts ( and not Employment Contracts) such clauses may be applicable.


However the clauses should be examined verbatim by a lawyer/law firm well versed with such matters.

How are you connected with this matter?

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

Non-compete clauses are added ofocurse since they have a legal standing as per statute law. However, you cannnot have non-compete clause which are total arbitary in nature. they have to be drafted as per the guide lines only.

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

Non-compete clauses are added ofocurse since they have a legal standing as per statute law. However, you cannnot have non-compete clause which are total arbitary in nature. they have to be drafted as per the guide lines only.

Naresh (student)     12 September 2014

thanks on the replies..... can i get more clarity on this topic? i am a legal intern working in a legal firm and this topic often pops up..... where can i get more details on this topic

Kumar Doab (FIN)     12 September 2014

You can access Library of the Law Firm, interact with peers, colleagues, senior lawyers, and visit many forums that discuss such matters.

At LCI you shall find many threads on such matters.


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