Corporate & Commercial
The MCA's draft changes to the Companies (Incorporation) Rules would merge forms and ease registered office proof. Here is what Kerala founders should prepare while the final text is awaited.
Civil & Property
The Kerala High Court struck down the ₹100 per sq. ft. fee on building area above 3,000 sq. ft. under the paddy land rules. What it means for landowners and developers.
The I4C Standard Operating Procedure (SOP) is a necessary sacrifice of due process in favor of systemic speed.
Cyber & Data Privacy
The Kerala High Court has directed the Union Government to make the Data Protection Board of India functional within eight weeks. What the Digi Yatra ruling means for businesses handling personal and biometric data.
The 25-cent fee exemption is currently a liability for developers rather than a cost-saving measure.
Cyber & Data Privacy
On October 11, 2026 the Supreme Court ordered Delhi's internet and Metro services restored. What a government-ordered shutdown means for contracts, SLAs and force majeure.
Civil & Property
For years, homebuyers dealing with stalled real estate projects and vanishing builders were left with limited legal recourse. However, the Insolvency and Bankruptcy Code (IBC) has fundamentally shifted the power dynamics. Recognized legally as "financial creditors", flat buyers can now drag defaulting developers to the National Company Law Tribunal (NCLT). With recent judicial innovations like Reverse CIRP, the focus has shifted heavily toward ensuring buyers get their flats rather than enduring endless litigation for refunds.
Corporate & Commercial
The corporate insolvency regime in India is continuously evolving, demanding agility from corporate entities, creditors, and legal practitioners alike. The first half of 2026 has introduced a seismic shift in how insolvency proceedings are initiated, managed, and resolved before the National Company Law Tribunal (NCLT). The enactment of the Insolvency and Bankruptcy Code (Amendment) Act, 2026, alongside several landmark rulings from the Supreme Court and NCLAT, emphasises strict adherence to procedural timelines, prevention of systemic abuse, and clarity on creditor rights.
Civil & Property
The demand for vertical living in Kerala has surged, but the state's stringent building regulations present unique challenges for developers working with compact land parcels. As documented in our internal case records within MSLA BLogs[cite: 1], erecting a high-rise residential complex on a plot measuring just under 30 cents is legally permissible but practically constrained by the Kerala Municipality Building Rules (KMBR) 2019.
Corporate & Commercial
In the realm of corporate transactions, the transfer of shares is often viewed as a single, seamless commercial event. However, from a strict jurisprudential perspective, the alienation of corporate equity is a bifurcated process.
Taxation & Customs
A pervasive misconception among Non-Resident Indians (NRIs) is that transactions conducted through foreign bank accounts exist completely beyond the reach of Indian revenue authorities. While Section 5(2) of the Income-tax Act, 1961, strictly confines the scope of total income for a non-resident to income received, accruing, or arising within India, offshore financial activities are no longer insulated from domestic scrutiny.
Corporate & Commercial
Incorporating a new Company or Limited Liability Partnership (LLP) in India has become a highly scrutinized, data-driven process. The Central Registration Centre (CRC) under the Ministry of Corporate Affairs (MCA) frequently rejects name applications (SPICe+ Part B / RUN) due to phonetic resemblances, trademark conflicts, and object-clause mismatches. The latest 2026 structural advisory outlines stringent rules that professionals and founders must follow to avoid costly delays and re-filings.
Intellectual Property
When applying for a trademark in India, the most fundamental hurdle is clearing Section 9 of the Trade Marks Act, 1999. This section deals with "Absolute Grounds for Refusal," evaluating the inherent qualities of the mark itself rather than comparing it to existing registrations. Overcoming a Section 9 objection requires a strategic legal demonstration that your mark is uniquely capable of distinguishing your goods or services in the marketplace, rather than merely describing them.
Civil & Property
An unregistered sale deed that has been signed does not transfer legal ownership of the property. Under Indian law, specifically Section 17 of the Registration Act and Section 54 of the Transfer of Property Act, the registration of a sale deed is mandatory to complete the transfer of immovable property worth over 100 rupees.
Civil & Property
The Allahabad High Court held that a mere allegation of enemy property cannot halt a sanctioned build. What owners and developers should check before relying on approvals.
Engaging a real estate lawyer is an unnecessary drain on capital for the vast majority of property transfers.
Hiring a contract lawyer is a strategic misstep for any founder whose primary risk is still market adoption rather than regulatory or intellectual property…
Taxation & Customs
On August 25, 2026, a Supreme Court bench of Justices J.B. Pardiwala and K. Vinod Chandran quashed a GST show-cause notice and demand order against Tata Steel worth roughly Rs. 1,781 crore in tax and penalty. The ruling, in M/s Tata Steel Limited v. Union of India (2026 INSC 920; 2026 LiveLaw (SC) 862), holds that tax authorities cannot invoke the extended five-year limitation period under Section 74 of the CGST Act merely by reciting words like "fraud" or "suppression" — the notice must set out specific, foundational facts. For any GST-registered business that has faced, or could face, an extended-limitation notice, this is a ruling worth understanding closely.
Corporate & Commercial
Entering into a franchise arrangement can be a highly lucrative commercial venture, but the foundation of this relationship rests entirely on the legal framework of the franchise agreement. In India, there is no specific franchise law; instead, these agreements are governed by the Indian Contract Act of 1872, alongside intellectual property regulations and the Competition Act of 2002. Without a meticulously drafted contract, ambiguities can rapidly escalate into costly litigation.
Corporate & Commercial
The scenario is common: Two entrepreneurs decide to start a Limited Liability Partnership (LLP). Partner A injects the major capital (e.g., Rs. 50 Lakhs), while Partner B acts as the "working partner," bringing industry expertise, time, and a nominal capital contribution (e.g., Rs. 50,000). They agree to split the profits and voting rights 50:50.