KAY & Partners — Insights
Commentary on recent judgments and regulatory developments across our practice areas. Analysis is factual and educational. Nothing here constitutes legal advice.
The Sentinel of Time
The Bank Has Taken Your Property. You Have 45 Days to Challenge It. Not One More.
India's SARFAESI law gives banks a power that most borrowers underestimate until it is already in motion: the ability to seize and sell mortgaged assets without a court order. No prior judicial hearing. No advance permis…
Read analysis →The Reinsurance Resolve
No Office in India, No Tax in India: Supreme Court Settles a Long-Running Question on Cross-Border Reinsurance
India's insurance industry runs, in part, on a mechanism most policyholders never see. When a large policy is written — covering a power plant, a port, a hospital network — the insurer rarely keeps all that risk on its o…
Read analysis →The Dead Signature
The Inventor Died Before Filing. The Patent Office Said No. The Delhi High Court Said Otherwise.
Managing a patent portfolio for a large company means living with this reality: between the moment an invention is made and the moment an application is filed, things change. Inventors move on. They retire. In some cases…
Read analysis →The Acoustic Monopoly
One Letter Different. Not Different Enough. Delhi High Court Shuts Down KARIN'S.
A restaurant brand built across a century. A competitor that changed exactly one letter and replicated everything else — the font, the colour, the look, the feel.
Read analysis →The Vanishing Safe Harbour
Fake Dabur Websites Collected Franchise Deposits. The Delhi High Court Said the Registrars Who Suggested Them Are Liable Too.
The domain name registration business is, by design, one of the most friction-free transactions the internet has produced. A few keystrokes, a few hundred rupees, and a name is yours — no verification, no cross-reference…
Read analysis →The Rupee Valuation
A Resolution Plan Valued Fraud Recoveries at Rs. 1. The Supreme Court Said the CoC Was Entitled to Do Exactly That.
The resolution of DHFL — once among India's largest housing finance companies, and one of its most spectacular corporate failures — produced a plan that assigned all future recoveries from fraudulent transactions to Pira…
Read analysis →The Plant Test
The Building That Earns Rent Is Also a Plant. The Supreme Court Unlocked Billions in Blocked GST Credits for Commercial Lessors.
The GST on a large commercial mall — on the cement, the steel, the lifts, the air conditioning, the finishing work, the contractors engaged across years of construction — is a substantial sum. The GST collected on the re…
Read analysis →The Sanction Trap
COVID Saved Thousands of Reassessment Notices. The Supreme Court Just Closed the Debate on Whether They Can Be Enforced.
The reassessment notices issued between April and June 2021 by Income Tax Assessing Officers across the country were, by almost any measure, a product of institutional improvisation under pressure. COVID had suspended th…
Read analysis →The Ledger's Unlock
Filing a GST Appeal Used to Require Cash on Hand. Now It Can Come From Your ITC Balance.
The mandatory pre-deposit under Section 107(6) of the CGST Act is, for a taxpayer facing a large demand and wishing to challenge it, a condition that has no procedural alternative. Ten percent of the disputed amount — in…
Read analysis →Page 2 of 3 — 20 articles
The analyses published here are prepared by the editorial team of KAY & Partners and are intended solely as general commentary on judicial and regulatory developments. They do not constitute legal advice and should not be relied upon as such. Bar Council of India Rules prohibit advocates from soliciting work or advertising in a manner that implies specialisation or past success. Nothing on this page constitutes a testimonial, endorsement, or guarantee of outcome.