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M S Sulthan Legal Associates

Civil & Property

Partition of Property in Kerala: Legal Process and Common Challenges

In Kerala, land is not merely a financial asset; it is deeply intertwined with family heritage and social standing. Consequently, when joint ownership becomes untenable, the legal process of dividing that land—known as a partition suit—frequently becomes one of the most emotionally charged and procedurally complex battles fought in civil courts.

Civil & Property

India's Real Estate Litigation Revolution: Five Supreme Court Judgments of 2025 That Rewrite the Rules

The year 2025 produced a cascade of Supreme Court judgments that have fundamentally restructured the legal landscape of real estate disputes in India. From constitutionally anchoring the right to shelter under Article 21, to drawing a hard line between genuine homebuyers and speculative investors, to dismantling the myth that a long-tenanted property can be claimed through adverse possession—the apex court has delivered a body of real estate jurisprudence unmatched in its breadth and practical impact in recent memory.

Civil & Property

RERA at the Crossroads: Supreme Court Warnings & Kerala's 2026 Real Estate Laws

On February 12, 2026, the Supreme Court of India delivered a rebuke that shook the country's real estate sector to its foundations. A bench headed by Chief Justice of India Surya Kant paused a routine administrative hearing to deliver a withering verdict on the Real Estate (Regulation and Development) Act, 2016 (RERA): "Except facilitating builders in default, it is not doing anything else. Better to just abolish this institution."

Blockchain & Cryptocurrency

India's Crypto "Triple Tax Trap": Updated April 2026 — New Penalties, Asset Tokenisation Bill, and the Road to CARF

India's cryptocurrency taxation framework—already among the most stringent in the G20—has grown significantly more demanding since July 2025. The Union Budget 2026-27 deliberately kept the existing three-layer tax structure intact. However, it introduced a landmark new penalty regime under Sections 509 and 446 of the Income Tax Act, effective April 1, 2026, targeting crypto exchanges and reporting entities that fail to submit accurate transaction data.

Corporate & Commercial

India's IBC 2.0: CIIRP, Group Insolvency and the Path to Cross-Border Alignment (Part 2 of 2)

Part 2 turns to the Act's most ambitious interventions: an entirely new Creditor-Initiated Insolvency Resolution Process (CIIRP) that allows major lenders to launch insolvency outside the courtroom; India's first statutory group insolvency framework under Section 59A; and the long-anticipated legislative foundation for cross-border insolvency recognition aligned with the UNCITRAL Model Law 1997 under Sections 240B and 240C. Together, these provisions re-engineer India's insolvency machinery from a reactive, court-heavy model toward a proactive, creditor-led system.

Civil & Property

Boundary Disputes in Kerala: Legal Remedies for Encroachment

In Kerala, the exceptionally high value of land, combined with dense population demographics and highly fragmented landholdings, makes property boundaries a persistent flashpoint for civil litigation. What begins as a minor disagreement over a shifted fence or an overhanging sunshade frequently escalates into protracted legal battles that can paralyze property development and transactions for decades.

Corporate & Commercial

India's IBC Gets Its Biggest Overhaul Since 2016: Decoding the Insolvency and Bankruptcy Code (Amendment) Act, 2026 - Core Reforms (Part 1 of 2)

On 6 April 2026, the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (Act No. 6 of 2026) received Presidential Assent and was published in the Gazette of India - marking the most comprehensive overhaul of India's insolvency framework in its nine-year history. Passed by the Lok Sabha on 30 March 2026 and the Rajya Sabha on 1 April 2026, the Act amends six provisions, restructures the liquidation waterfall, codifies the clean slate principle, and puts hard-law teeth into timelines that were routinely breached in practice.

Health & Medical Law

A Complete Guide to Cosmetics Manufacturing Licenses in India (2026)

The cosmetics and personal care industry in India is experiencing unprecedented growth. However, transitioning from formulation to commercial production is heavily regulated to ensure public safety. In India, the manufacture of cosmetics for sale or distribution is strictly governed by the Cosmetics Rules, 2020, enforced at the state level by the Drugs Controller.

Civil & Property

Title Disputes in Kerala: How Courts Determine Property Ownership

Real estate in Kerala commands premium valuations, making it an incredibly lucrative asset class. However, this high value also attracts aggressive, complex, and highly contentious title disputes. A single flaw in a deed executed thirty years ago, or a fraudulent transfer by a distant relative, can trigger decades of paralyzing civil litigation.

Disputes & Arbitration

Can Indian Courts Rewrite Arbitral Awards? Gayatri Balasamy and India's 2026 Arbitration Landscape

India's arbitration landscape has been fundamentally reshaped by a series of landmark Supreme Court rulings that simultaneously strengthen and unsettle the country's standing as an international dispute resolution destination. Several Constitution and Division Bench decisions have redrawn the boundaries of judicial intervention, clarified when Indian courts hold supervisory jurisdiction over cross-border arbitrations, and confirmed that unsigned contracts can bind parties to foreign-seated arbitration.

Corporate & Commercial

IBC 2.0: India's Most Sweeping Insolvency Reform Since 2016 — A Complete Guide to the IBC Amendment Bill 2025

India's Insolvency and Bankruptcy Code (IBC), 2016, was originally designed to be transformative—a time-bound, creditor-friendly mechanism intended to rescue distressed businesses and maximize recovery for lenders. Nine years later, the statutory promise has buckled under the weight of a 30,600-case National Company Law Tribunal (NCLT) backlog. Resolution timelines have ballooned to an average of 713 days—more than double the statutory 330-day limit—and recovery rates hover at a mere 32.8% of admitted claims. Nearly INR 10 lakh crore in distressed assets remains frozen at the admission stage alone.

Intellectual Property

Trademark Protection in India: How to Stop Others from Using Your Brand

Entrepreneurs often believe that securing a registration certificate from the Trade Marks Registry provides an automatic, impenetrable shield. In reality, a trademark is a commercial monopoly that you must actively defend. If a competitor in another city, or a seller on an e-commerce platform, begins copying your business name, it is your legal responsibility to initiate enforcement. Failure to act quickly not only dilutes your market share but can legally weaken your rights over your own brand.

Intellectual Property

India's Trademark Battleground: Record Damages, Brand Families & The Lessons Every Business Must Learn from 2025's Landmark Judgments

India's courts have, in the course of 2025, delivered a series of trademark rulings that are fundamentally reshaping how brands are built, protected, and litigated across the country. From the Delhi High Court awarding an unprecedented INR 336 crore in damages against Amazon Technologies in the Beverly Hills Polo Club case, to a Kerala court's INR 1 crore judgment protecting the iconic MILMA dairy brand, the message from the judiciary is unmistakable: India is no longer a forgiving jurisdiction for trademark infringers.