Indian Contract Act, 1872 · Chapter II: Of Contracts, Voidable Contracts and Void Agreements · Void agreements
Section 27: Agreement in restraint of trade, void
Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
Exception 1.Saving of agreement not to carry on business of which good-will is sold.One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
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Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 27
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Vijaya Bank & Anr. v. Prashant B Narnaware
Matter pertains to whether clause 11(k) of the appointment letter that employee to work for minimum three years and in default to pay Rs 2 lakhs as liquidated damages on leaving employment amounts to restraint of trade…
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N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. (2023) 7
The issue at hand arose in the context of three statutes; the Arbitration and Conciliation Act 1996, the Indian Stamp Act, 1899, and the Indian Contract Act, 1872. The Stamp Act imposes duty on “instruments”.…
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