Reference index
Statute Index — the architecture of Indian commercial law.
The principal commercial-law statutes of India, with the practice areas they govern and the key sections most often invoked. Citations follow OSCOLA. Statutory references are to the bare Acts as in force at the time of writing; verify against the official text on the India Code portal before relying on it.
Contract and commercial-law spine
| Statute | Key sections | Practice |
|---|---|---|
| Indian Contract Act 1872 | ss 10 (essentials of a valid contract), 23 (lawful object and consideration), 25 (exception to consideration), 27 (restraint of trade), 56 (frustration), 73 (compensation for loss), 74 (liquidated damages), 124 (indemnity), 226–228 (agency) | Contracts & Transactions |
| Sale of Goods Act 1930 | ss 14–16 (implied conditions and warranties), 27–30 (transfer of title; exceptions to nemo dat), 39 (delivery) | Contracts & Transactions |
| Specific Relief Act 1963 | ss 10 (specific performance), 14 (when not enforceable), 16 (mutuality), 38 (perpetual injunction), 41 (refusal of injunction). As amended in 2018. | Commercial Litigation |
| Limitation Act 1963 | s 3 (bar of limitation), s 5 (condonation of delay). Schedule articles for civil suits, applications, and appeals. | Limitation calculator |
Companies, governance, and securities
| Statute | Key sections | Practice |
|---|---|---|
| Companies Act 2013 | ss 166 (director duties), 185 (loans to directors), 188 (related-party transactions), 230–232 (compromises and arrangements), 241–242 (oppression and mismanagement), 245 (class action), 248 (strike-off) | Corporate & Companies Act |
| SEBI (LODR) Regulations 2015 | reg 4 (general principles), reg 23 (related-party transactions), reg 30 (material event disclosure), reg 47 (advertisements) | Regulatory & Compliance |
| SEBI (Prohibition of Insider Trading) Regulations 2015 | reg 3 (communication / procurement of UPSI), reg 4 (trading window), Schedule B (code of conduct) | Regulatory & Compliance |
| SEBI (SAST) Regulations 2011 | reg 3 (substantial acquisition), reg 4 (control acquisition), reg 7 (open offer size) | Regulatory & Compliance |
| Competition Act 2002 | s 3 (anti-competitive agreements), s 4 (abuse of dominance), s 5 (combination), s 6 (combination notification), s 26 (CCI procedure) | Competition Law |
Insolvency and restructuring
| Statute | Key sections | Practice |
|---|---|---|
| Insolvency and Bankruptcy Code 2016 (as amended to 2026) | s 7 (financial creditor application), s 8 (operational creditor demand), s 9 (operational creditor application), s 12 (CIRP timelines), s 12A (withdrawal), s 14 (moratorium), s 29A (eligibility), s 30–31 (resolution plan and approval), s 33–36 (liquidation), s 53 (waterfall), s 60 (NCLT jurisdiction), s 61 (NCLAT appeals), s 95 (personal guarantor application), s 238 (override). New Chapter IV-A: ss 58A–58K (CIIRP). | Insolvency & Bankruptcy · IBC 2026 series |
| SARFAESI Act 2002 | s 13 (enforcement of security interest), s 14 (CMM/DM assistance), s 17 (DRT appeal), s 18 (DRAT appeal) | Banking & Finance |
| RDB Act 1993 (Recovery of Debts due to Banks and Financial Institutions Act) | DRT jurisdiction; s 19 (procedure), s 31A (presentation of facts) | Banking & Finance |
Arbitration and ADR
| Statute | Key sections | Practice |
|---|---|---|
| Arbitration and Conciliation Act 1996 (as amended in 2015, 2019, 2021) | s 7 (arbitration agreement), s 8 (reference to arbitration), s 9 (interim reliefs), s 11 (appointment), s 16 (kompetenz-kompetenz), s 17 (tribunal-level reliefs), s 34 (setting aside an award), s 36 (enforcement), Part II (foreign awards: New York Convention and Geneva Convention) | Arbitration & ADR |
| Mediation Act 2023 | s 5 (pre-litigation mediation), s 17 (mediator’s role), s 22 (settlement agreement), s 27 (enforcement of mediated settlement agreement as decree) | Arbitration & ADR · ADR guide |
| Commercial Courts Act 2015 | s 2(1)(c) (commercial dispute), s 6 (territorial jurisdiction), s 12A (pre-institution mediation), s 13 (appeals) | Commercial Litigation |
Real estate and infrastructure
| Statute | Key sections | Practice |
|---|---|---|
| Real Estate (Regulation and Development) Act 2016 | s 3 (registration of project), s 4 (registration application), s 11 (developer obligations), s 12 (false advertisement), s 18 (refund and compensation), s 31 (complaint procedure), s 43–44 (appellate tribunal), s 79 (bar on jurisdiction) | Real Estate & RERA |
| Transfer of Property Act 1882 | s 5–6 (transfer of property), s 13–15 (transfer for benefit of unborn), s 53A (part performance), s 54 (sale defined), ss 105–117 (lease) | Real Estate & RERA |
| Indian Stamp Act 1899 + state stamp legislation | s 3 (chargeability), s 17 (mode of payment), s 35 (instruments not duly stamped); Schedule I rates; state amendments and surcharges | Real Estate & RERA |
| Registration Act 1908 | s 17 (compulsory registration), s 23 (presentation), s 49 (effect of non-registration) | Real Estate & RERA |
Intellectual property
| Statute | Key sections | Practice |
|---|---|---|
| Trade Marks Act 1999 | s 9 (absolute grounds for refusal), s 11 (relative grounds), s 18 (application), s 21 (opposition), s 28 (rights conferred by registration), s 29 (infringement), s 31 (registration as prima facie evidence), ss 102–104 (criminal liability) | Intellectual Property |
| Copyright Act 1957 | s 13 (works in which copyright subsists), s 17 (first ownership), s 30 (licences), s 51 (infringement), s 52 (fair dealing exceptions), s 55 (civil remedies), s 63 (criminal offence) | Intellectual Property |
| Patents Act 1970 | s 3 (what are not inventions), s 6–7 (application), s 25 (opposition), s 48 (rights), s 64 (revocation), s 104 (jurisdiction), s 108 (reliefs) | Intellectual Property |
| Designs Act 2000 | s 4 (registrability), s 6 (registration), s 11 (term and renewal), s 22 (piracy of registered design) | Intellectual Property |
Foreign exchange, tax, data, and labour
| Statute | Key sections / instruments | Practice |
|---|---|---|
| Foreign Exchange Management Act 1999 | s 6 (capital account), s 13 (penalties), s 15 (compounding); FEMA (Non-Debt Instruments) Rules 2019; FEMA (Borrowing or Lending) Regulations 2018; FEMA (Overseas Investment) Rules 2022 | FDI & FEMA · Cross-Border |
| Income-tax Act 1961 | ss 142(1), 143(2), 148 (assessment / reassessment), s 50C (stamp value as full consideration), s 271 (penalty), s 263 (revision), s 254 (ITAT), Chapter X (transfer pricing) | Tax Advisory |
| Central Goods and Services Tax Act 2017 | s 16 (input tax credit), s 17 (apportionment), s 73–74 (demand and recovery), s 107 (appeal to AC), s 112 (appeal to Tribunal) | Tax Advisory |
| Digital Personal Data Protection Act 2023 | s 4 (consent), s 5 (notice), s 6–7 (consent and legitimate uses), s 8 (Data Fiduciary obligations), s 10 (Significant Data Fiduciary), s 33 (Data Protection Board), Schedule (penalties) | Data Protection |
| Industrial Disputes Act 1947 + Code on Wages 2019, Industrial Relations Code 2020, Code on Social Security 2020, Occupational Safety, Health and Working Conditions Code 2020 | Progressively replacing the older labour statutes; phased notification underway | Employment Law |
| Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 | s 4 (Internal Complaints Committee), s 9 (complaint), s 13 (inquiry report), s 19 (employer obligations) | Employment Law |
Constitutional foundations relevant to commercial work
| Provision | Use in commercial practice |
|---|---|
| Constitution of India, art 14 | Equal protection; rule against arbitrary State action; foundation for natural-justice jurisprudence in regulatory and tribunal proceedings. |
| Constitution of India, art 32 | Supreme Court writ jurisdiction for fundamental-rights enforcement. |
| Constitution of India, art 136 | Special Leave Petition jurisdiction. Discretionary; the principal route for civil and commercial appeals to the Supreme Court. |
| Constitution of India, art 141 | The law declared by the Supreme Court is binding on all courts within India. |
| Constitution of India, art 142 | Power of the Supreme Court to do complete justice. Used selectively in commercial matters; cannot override express statutory provisions. |
| Constitution of India, art 226 | High Court writ jurisdiction. The principal route for challenging State action, regulatory orders, and statutory authorities in commercial matters. |
| Constitution of India, art 254 | Repugnancy between Union and State law. Invoked in IBC primacy analysis (Innoventive Industries Ltd v ICICI Bank Ltd (2018) 1 SCC 407 (SC)). |
This index is informational and does not constitute legal advice. Statutory text should be verified against the official India Code portal at indiacode.nic.in and the relevant Ministry source. Citations follow OSCOLA. Where a section number has been amended, the current version is referred to. The list is not exhaustive; sector-specific statutes (RBI Act 1934, Insurance Act 1938, Electricity Act 2003, Telecom statutes, FSSAI Act 2006, and similar) are referenced on the relevant practice pages. Use of this site is subject to Bar Council of India Rule 36 framework.