Section 28Agreements in Restraint of Legal Proceedings
28
28
Agreements in Restraint of Legal Proceedings
Indian Contract Act
General
⚖️
Reviewed by Adv. Shailendra Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-03-31📚 Source: The Gazette of India
🗣️ Simple Explanation

This section says that you can't make an agreement that stops someone from going to court to enforce their contract rights. Agreements that limit the time to go to court or remove someone's rights are usually not valid. However, agreements to go to arbitration (where a neutral person decides the issue) are generally allowed.

💡 Real Life Example

A and B have a contract. An agreement saying that A can never sue B if B breaks the contract is void. However, if A and B agree to go to arbitration to solve any disputes, that's usually okay.

🛡️ KNOW YOUR RIGHTS
  • You have the right to enforce your contract rights in court.
  • Agreements that prevent you from going to court are usually invalid.
  • You can agree to resolve disputes through arbitration.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Adv. Shailendra Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Indian Contract Act

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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