Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 OCTOBER 2020

Understanding E-Contracts

HSA Advocates
Explore more from HSA Advocates

The term 'contract' is defined under Section 2(h) of the Contract Act, 1872 (Contract Act) as an agreement enforceable by law. Although, Contract Act does not specifically provide for electronic...

IndiaCorporate/Commercial Law
Harsh Arora
Harsh Arora
Raj Nandini
Raj Nandini
Author LinkedIn connections

The term 'contract' is defined under Section 2(h) of the Contract Act, 1872 (Contract Act) as an agreement enforceable by law. Although, Contract Act does not specifically provide for electronic contracts (e-contracts), it does not prohibit them per se. Like any other form of contract, an e-contract is also primarily governed by provisions of section 10 of Contract Act. The essential elements required for validating an e-contract set out under Contract Act are as follows:

  • Lawful offer and acceptance
  • Lawful object
  • Lawful consideration
  • Free consent
  • Parties to be competent to contract
  • Intention of parties to create legal relationship
  • Not expressly declared to be void, it will meet the test as a valid and binding contract

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

CCPS In India: Why Compulsorily Convertible Preference Shares Remain Central To Venture Capital And M&A Transactions

Compulsorily Convertible Preference Shares (CCPS) remain one of the most widely used instruments for venture capital and private equity investments in Indian companies. Their appeal lies in the ability to combine equity classification with negotiated economic and governance protections. But CCPS are not governed by a single, standalone statutory framework. Their legal treatment is instead shaped by the Companies Act, FEMA and foreign investment rules, tax law, and, where applicable, SEBI regulations.
IndiaCorporate/Commercial Law
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

A Sneak Peek Into A Historic Deal In The Entertainment Industry: How Paramount Beat Netflix For Warner Bros. – Lessons And Reforms For India

Chanakya, the ancient Indian strategist and author of the Arthashastra, taught that an opponent is overcome through four means: sama (persuasion), dana (inducement), bheda (division) and danda (force). The contest for Warner Bros. Discovery (WBD) is a modern illustration of all four. Netflix made the first offer and signed a merger agreement with WBD, yet Paramount played each of its cards with care.
IndiaCorporate/Commercial Law
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners
Article

FCRA Amendment Rules, 2026: Key Changes And Practical Implications

AZB & Partners provides important disclaimers regarding the nature and purpose of their website, clarifying that no solicitation or advertising has occurred and that the information is provided solely at the user's request. The firm outlines the limitations of the website content and emphasizes that accessing it does not create a lawyer-client relationship. Users are informed about their responsibilities when using the site and the firm's intellectual property rights over the content.
IndiaCorporate/Commercial Law
AZB & Partners
AZB & Partners
Article

Major Reform In Maharashtra: Sanad Requirement Removed For Land Conversion

The Government of Maharashtra has taken a significant step towards enhancing ease of doing business by rationalising the framework governing agricultural land conversion. As per the recent amendment to the Maharashtra Land Revenue Code, 1966 (MLRC), notified on 31 December 2025, and the Government Resolution dated 10 February 2026, the requirement of obtaining a separate sanad or non-agricultural permission from the Collector has been abolished for permissible non-agricultural uses under the Development Plan or Regional Plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP).
IndiaReal Estate and Construction
HSA Advocates
HSA Advocates
Article

From Permission To Approval: Decoding The Maharashtra Land Revenue Code Amendment 2026

The Maharashtra Land Revenue Code (Second Amendment) Act, 2026 (L. A. BILL No. XXVIII OF 2026) represents a significant reform in the regulation of government land transactions in Maharashtra. Introduced in the Maharashtra Legislative Assembly on 24th March 2026, it focuses primarily on amending Section 37A of the Maharashtra Land Revenue Code, 1966, a provision that governs the sale, transfer, redevelopment, use of additional Floor Space Index (“FSI”), transfer of Transferable Development Rights (“TDR”), and change in use of government land.
IndiaGovernment, Public Sector
HSA Advocates
HSA Advocates
Article

More Than A Signature: Supreme Court Clarifies When Non-Signatories Can Be Bound By Arbitration

The Supreme Court, in KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., 2026 SCC OnLine SC 1498, has reaffirmed an important principle governing the reference of disputes involving non-signatories to arbitration. The Hon’ble Court held that the absence of a signature on an arbitration agreement is not, by itself, determinative of whether a person can be bound by the arbitration agreement.
IndiaLitigation, Mediation & Arbitration
HSA Advocates
HSA Advocates