M S Sulthan Legal Associates is an Indian law firm with offices in Kozhikode, Kochi and New Delhi. Its advocates write on court rulings, corporate and commercial law, technology and data privacy, intellectual property and property law. These articles are for general information only and are not legal advice.
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.
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.
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.
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.
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.
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.
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.
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.