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 Investor's Test
The Supreme Court Has Drawn a Line Between Homebuyers and Investors Under the IBC
When Parliament amended the Insolvency and Bankruptcy Code in 2018 to bring homebuyers within the definition of financial creditors, the move was deliberately protective. Thousands of individual purchasers had committed …
Read analysis →The ITC Lifeline
Five Years of GST Credit Reversals, Undone by Parliament in a Single Amendment
In the first years of the Goods and Services Tax regime, taxpayers and their advisors were navigating a system that was still being assembled in real time. Returns were late. The portal misbehaved. Timelines that looked …
Read analysis →The National Register
TikTok Has Registered Trademarks in India. It Cannot Have Well-Known Status — and the Bombay High Court Explained Why the Ban Is Relevant.
In Indian trademark law, well-known status occupies a position somewhat above ordinary registered protection. A mark declared well-known — by the Registrar or by a court — can be invoked against registrations in entirely…
Read analysis →The Effect Test
Schott Glass Was Dominant. The Competition Commission Said It Abused That Dominance. The Supreme Court Disagreed — and Explained Why That Matters.
Borosilicate glass tubing — the raw material from which pharmaceutical ampoules, vials, and cartridges are made — is manufactured in large furnaces by a small number of specialist producers worldwide. Converters buy tubi…
Read analysis →The Broken Clock
The Arbitral Mandate Had Expired. Rohan Builders Asked for an Extension Anyway. The Supreme Court Said Yes.
There is a particular variety of legal catastrophe that feels procedural in origin but lands with substantive force: the kind where a dispute that has survived years of hearings, documentary disclosure, and witness exami…
Read analysis →The Creditor's Arbitration
Two Banks Lent Against the Same Sack of Rice. The Supreme Court Said Only One Forum Can Settle Who Gets It.
In 2003, Bank of India extended credit to a rice mill secured against stocks of rice and paddy held in a godown. The documentation was prepared, the security was registered, and the arrangement proceeded in the conventio…
Read analysis →The Streaming Claim
Three Seconds of Footage, Ten Crore Rupees, and a Jurisdictional Fight That Netflix Lost Before the Trial Could Begin
The footage was brief — approximately three seconds of behind-the-scenes material from the Tamil film Naanum Rowdy Dhaan. Brevity, as any copyright lawyer will confirm, is not a defence to infringement. It is, at most, a…
Read analysis →The Non-Compete Write-Off
An Acquirer Paid Its Target's Promoter Not to Compete. The Supreme Court Said That Was a Running Cost, Not a Capital Investment.
When one company acquires another, the consideration is rarely a single figure. It is disaggregated: so much for the shares, so much for the goodwill, so much — and here is the provision that generates the most sustained…
Read analysis →The Rewrite Power
Courts Could Set Aside Arbitral Awards. A Constitution Bench Just Decided They Can Also Fix Them.
The appeal from an arbitral award has always involved a structural awkwardness that practitioners have learned to live with but never quite solved. The Arbitration and Conciliation Act, 1996 gives courts two options when…
Read analysis →Page 1 of 3 — 24 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.