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M S Sulthan Legal Associates

Intellectual Property

Trademark Objection in India: How to Reply and Get Approved

Many business owners assume that filing an application on the IP India portal guarantees registration. The reality is far more complex. Over 60% of trademark applications face an official objection from the Trademark Registry. A formal objection is not an outright rejection—it is simply the Examiner demanding a legal justification for why your brand deserves a monopoly. However, submitting a weak, non-legal reply will virtually guarantee that your brand application is "Abandoned."

International Trade

Enforcing Foreign Ex-Parte Decrees in India: The "Merits of the Case" Test

In the realm of cross-border trade, obtaining a judgment in a foreign court is often only half the battle. The true challenge arises when a successful litigant attempts to execute that foreign decree against assets located in India. While Section 44A of the Civil Procedure Code (CPC) provides an expedited route for executing decrees from "Reciprocating Territories" (such as the UK, Singapore, and the UAE), this pathway is not absolute.

Intellectual Property

Latest Judgments under the Designs Act in India: A Legal Analysis

The Designs Act, 2000 governs the protection of industrial designs in India. The Act aims to protect the aesthetic features of an article, including shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article. Its primary objective is to encourage innovation and creativity in industrial design while preventing unauthorized imitation or piracy of registered designs.

Artificial Intelligence

Navigating the Global AI Regulatory Labyrinth: A 2026 Compliance Guide

The era of "move fast and break things" in Artificial Intelligence has officially ended. Recent academic research and legislative tracking across 2024–2026 indicate a decisive global shift: governments are abandoning voluntary ethical guidelines in favor of binding, enforceable laws. For technology companies, enterprise adopters, and SaaS platforms scaling globally, regulatory compliance is now the primary barrier to entry.

Civil & Property

Delayed Construction and Delivery by Builders in India: Legal Issues and Remedies

The real estate sector in India has witnessed significant growth over the past two decades. However, one of the most persistent problems faced by homebuyers is the delay in construction and delivery of residential units by builders. Many buyers invest their life savings or take heavy housing loans expecting timely possession of their homes, but projects often face prolonged delays due to financial mismanagement, regulatory hurdles, or a severe lack of accountability by developers.

Civil & Property

Supreme Court Upholds "No Interest" Clause in Government Contracts: Kerala Water Authority v. T.I. Raju

The Supreme Court of India recently delivered a decisive and highly anticipated judgment concerning a government contractor's right to claim interest on delayed payments. For infrastructure companies and civil contractors operating under tight margins, delayed payments by state entities are a notorious hurdle. However, this recent ruling sends a stark warning: if your contract explicitly bars interest on late payments, the courts will firmly hold you to that agreement.

International Trade

Decoding the FATF Annual Report 2024-2025: Key AML/CFT Compliance Updates for Global Businesses

The Financial Action Task Force (FATF), under the Mexican Presidency of Elisa de Anda Madrazo, has released its highly anticipated Annual Report for 2024-2025. Covering a global network of over 200 jurisdictions that represent 99% of world GDP, the report outlines the shifting frontiers in the fight against money laundering, terrorist financing, and the proliferation financing of weapons of mass destruction.

Employment & Labour

Navigating Leave Policies in Kerala: A Techno-Legal Guide for Employers and Employees

For modern businesses, translating statutory mandates into automated HR Management Systems (HRMS) like Zoho, Keka, or Darwinbox requires a precise "techno-legal" approach. Misconfiguring your software can lead to compound statutory liabilities, mass employee grievances, and severe penalties. This guide breaks down the legal leave requirements under the Kerala Shops and Commercial Establishments Act, 1960 (with 2026 updates), detailing exactly what employers must provide and what employees are entitled to claim.

Cyber & Data Privacy

The Data Minefield: Prepping Your Marketplace for the DPDP Act Era

The core valuation of any successful digital marketplace or service aggregator—whether it is a ride-hailing app, a food delivery network, or a home-services platform—rests on its two-sided data engine. By continuously harvesting the behavioral data of customers and the performance metrics of vendors, platforms build an impenetrable competitive moat.

Taxation & Customs

The Invisible Tax Collectors: Navigating GST and TDS Compliance for Digital Marketplaces

In the digital economy, the government faces a massive challenge: tracking millions of unorganized, small-scale vendors selling goods and services online. To prevent systemic tax leakage, the Ministry of Finance executed a brilliant, yet highly burdensome, regulatory maneuver. They turned the tech platforms—e-commerce giants, service aggregators, and SaaS marketplaces—into the state's largest, invisible tax collection agents.