Insights
Legal guides on NRI property law, corporate law, arbitration and estate matters in Kerala and India. Published by Luke & Luka — The Law Office, Kakkanad, Kochi.
The Bar Council of India does not permit advocates to solicit work or advertise. All articles on this page are published for informational purposes only and do not constitute legal advice or solicitation.
The Insights section publishes legal analysis, case notes, and practice guides on Indian law matters across the firm's practice areas — NRI property and succession, commercial arbitration, Kerala property law, estate planning, corporate law, and intellectual property. Content covers leading Supreme Court judgments with practical relevance to ongoing matters, practice guides for NRIs and OCI cardholders managing India assets from abroad, and statutory analysis on developments under Indian law.
All content is published for informational purposes only and does not constitute legal advice. The Bar Council of India does not permit advocates to advertise or solicit work — the Insights section is an informational resource, not a promotional publication. For specific advice on any matter, the office should be contacted directly.
NRI Property, Estate & Succession
Selling Property in Kerala as an NRI — Complete Legal Guide
Power of Attorney, TDS at Section 195, capital gains, FEMA repatriation and step-by-step process for NRI property sale.
NRI Property LawPower of Attorney for NRIs — Kerala Property and Estate Matters
Consulate PoA, apostille PoA, specific vs general PoA, adjudication, registration and common mistakes.
NRI Property LawNRI Property Encroachment in Kerala — Legal Options and Remedies
Injunctions, civil suits, FIR, adverse possession risk and how to protect Kerala property from abroad.
NRI Law & FEMAFEMA Compliance for NRI Property Transactions in Kerala
What NRIs can buy, sell and repatriate — Form 15CA, 15CB, USD 1 million limit and compliance errors.
NRI LawOCI Card Holders — Property Rights and Restrictions in India
What OCI holders can and cannot buy, agricultural land restriction, inheritance and FEMA rules.
NRI Estate LawProbate in Kerala — A Guide for NRIs and OCI Holders
Court process, jurisdiction, documents, timeline and how NRIs participate through PoA.
NRI Estate LawLegal Heirship Certificate in Kerala — How NRIs Obtain It
Who issues it, application process, documents and difference from succession certificate.
NRI Property LawBuying Property in Kerala as an NRI or OCI Card Holder
Due diligence, title verification, FEMA payment rules, registration and common mistakes.
NRI Property LawUS Power of Attorney — Validity and Use for Kerala Property
New York statutory PoA, apostille requirements, adjudication in Kerala and limitations on use.
NRI Estate PlanningUS Health Care Proxy and Indian Living Will — What NRIs Need to Know
How they differ, validity in India and how to execute an Indian Advance Medical Directive.
NRI Property LawGift Deed for NRIs — Transferring Kerala Property to Family
Gift deed requirements, stamp duty in Kerala, FEMA rules for gifts by NRI and tax implications.
NRI Estate PlanningMulti-Country NRI Estate — Managing Assets in India and Abroad
Separate Wills, Indian succession law, international probate, repatriation and multi-jurisdiction planning.
NRI Estate PlanningNRI Estate — India and UAE Assets
Indian succession law, UAE inheritance rules, how Wills in each country interact and repatriation planning for NRI families.
NRI Property Law — UAEUAE Notarisation for Indian Property Documents
Indian consulate attestation process for UAE-resident NRIs — property and estate documents.
NRI Estate LawSuccession Certificate in Kerala — How NRIs Obtain It
When it is needed, court process, documents, NRI participation through PoA and difference from probate.
NRI Property LawPartition Suit and Ancestral Property Disputes for NRIs in Kerala
How partition suits work, mediation and arbitration as alternatives and NRI participation through PoA.
Corporate, Commercial & Employment Law
Startup Agreements in India — What Founders Must Have at Formation
Co-founders agreement, IP assignment, vesting, Articles of Association and NDAs at formation.
Corporate LawPartnership Deed in Kerala — Why It Matters and What It Must Contain
Capital, profit sharing, authority, retirement, death provisions, registration and dispute resolution.
Corporate LawLLP vs Private Limited Company — Choosing the Right Structure in India
Liability, capital, investment, taxation, compliance and exit compared for Indian founders.
Corporate LawShareholders Agreement — Key Clauses Every Founder Must Understand
Anti-dilution, liquidation preference, drag-along, tag-along, ROFR and reserved matters.
Corporate LawNon-Disclosure Agreement in India — Drafting and Enforcement
Enforceability under Indian law, defining confidential information, duration, breach remedies.
Corporate LawESOP Structuring for Indian Startups — Companies Act Compliance
Section 62(1)(b), eligibility, vesting schedules, tax treatment and pool size management.
Corporate LawJoint Venture Agreement India — Key Provisions and Dispute Prevention
Incorporated vs contractual JV, governance, deadlock resolution, IP ownership and exit.
Technology LawDPDPA 2023 — What Kerala Businesses Must Do Now
Consent requirements, data principal rights, SDF obligations and penalties up to Rs. 250 crore.
Technology LawSaaS Agreements Under Indian Law — Drafting and Risk
License, IP ownership, SLA, data handling, liability caps, termination and DPDPA compliance.
Commercial LawFranchise Agreement Disputes in India — Legal Remedies and Prevention
Territory breach, royalty disputes, termination, IP misuse and arbitration for franchise disputes.
Employment LawEmployment Agreements in India — Key Clauses and Enforceability
IP assignment, non-compete (Section 27 problem), confidentiality and termination clauses.
Corporate DisputesOppression and Mismanagement — Shareholder Remedies Under Companies Act 2013
Sections 241–244, NCLT buyout orders, interim relief and petition vs arbitration strategy.
Corporate LawWinding Up a Company in India — Voluntary and Compulsory Dissolution
Strike-off, NCLT winding up, creditor settlement and director obligations on dissolution.
Corporate LawDirector Liability in Indian Companies — Personal Risk and Protection
When directors are personally liable — TDS, GST, PF defaults, fraudulent trading and guarantees.
Corporate LawGeneral Counsel Retainer for Kerala SMEs — What It Covers
GCaaS retainer scope, fee structures and when a Kerala business needs ongoing legal counsel.
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The office advises NRIs, OCI holders and businesses on property, estate, corporate and dispute matters in Kerala and across India.
Insights
Leading Judgments
Principles that shape Indian commercial, property, arbitration, and private law — analysed for practice relevance.
In Re: Interplay — Arbitration & Stamp Act
Non-stamping of a contract does not void the arbitration clause; the defect is curable before the arbitral tribunal.
BALCO v. Kaiser Aluminium
Part I of the Arbitration Act 1996 applies exclusively to arbitrations seated in India; foreign-seated arbitrations are governed only by Part II.
Vineeta Sharma v. Rakesh Sharma
A daughter's right as a Hindu coparcener exists from birth and does not depend on the father being alive on the date of the 2005 amendment.
Suraj Lamp v. State of Haryana
A General Power of Attorney, Sale Agreement, and Will combination does not transfer title to immovable property in India.
Perkins Eastman v. HSCC
A person disqualified under Section 12(5) of the Arbitration Act cannot appoint an arbitrator, whether directly or through a nominee.
Cox & Kings v. SAP India
A non-signatory member of a corporate group can be bound by an arbitration agreement if its conduct demonstrates implied consent — not merely corporate relationship.
K.S. Puttaswamy v. Union of India
Privacy — including informational privacy, decisional autonomy, and bodily integrity — is a fundamental right protected under Article 21 of the Indian Constitution.
Vidya Drolia v. Durga Trading
A dispute is non-arbitrable only if it falls within four defined categories; courts at the Section 11 stage must limit inquiry to a prima facie examination of arbitrability.
Rangappa v. Sri Mohan
The Sections 118 and 139 presumptions require the accused to disprove a legally enforceable debt — not merely question the amount or purpose of the cheque.
Common Cause v. Union of India
A person of sound mind may execute an Advance Medical Directive (Living Will) to refuse life-sustaining medical treatment in a future state of incapacity.
BGS SGS Soma JV v. NHPC
Where an arbitration clause designates a venue with no other jurisdictional clause, that venue is ordinarily the juridical seat, conferring exclusive court jurisdiction.
H. Venkatachala Iyengar v. B.N. Thimmajamma
A Will must be proved by the propounder to have been duly executed and free from suspicious circumstances; mere attestation is insufficient if doubt surrounds the Will.
Innoventive Industries v. ICICI Bank
The IBC's non-obstante clause (Section 238) gives it overriding effect over all prior legislation — state or central — that conflicts with its provisions.
Bir Singh v. Mukesh Kumar
Signing and delivering a blank cheque creates the same statutory presumption of a legally enforceable debt as a fully completed cheque.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal
Electronic records are inadmissible in evidence without a Section 65B certificate from the person in charge of the computer — oral evidence is not a substitute.
Swiss Ribbons v. Union of India
The IBC's differentiation between financial and operational creditors is constitutionally valid — it reflects a rational basis, not arbitrary discrimination.
Indus Mobile Distribution v. Datawind Innovations
Once the juridical seat is fixed, courts of the seat have exclusive jurisdiction for all arbitration-related proceedings; courts elsewhere are ousted.
PASL Wind Solutions v. GE Power Conversion India
Two Indian companies may designate a foreign seat — such as Zurich — and the resulting arbitral award is a New York Convention foreign award enforceable in India under Part II.
Ssangyong Engineering v. NHAI
Post-2015, an arbitral award can be set aside for patent illegality only if the illegality is so perverse that no reasonable person could arrive at the same conclusion.
Shreya Singhal v. Union of India
Section 66A of the IT Act 2000 is unconstitutional as it infringes the right to free speech and expression without meeting the test of reasonable restriction.
Dr. S. Kumar v. S. Ramalingam
Under Section 48 of the Transfer of Property Act, a person cannot transfer a greater interest than they possess — the earlier transfer governs.
Kailash Nath Associates v. DDA
Section 74 does not allow automatic forfeiture of the full sum named in a contract — the claimant must prove actual loss suffered.
Associate Builders v. Delhi Development Authority
Courts reviewing arbitral awards under Section 34 act with restraint — an award is set aside only for specific, defined grounds, not because the court disagrees.
Krishna Kumar Birla v. Rajendra Singh Lodha
To lodge a caveat against probate, the caveator must demonstrate a real legal interest in the estate that would be adversely affected by the grant.
Y. Narasimha Rao v. Y. Venkata Lakshmi
A foreign court decree — including a divorce or property order — is not conclusive in India if the foreign court lacked competent jurisdiction under Indian law.
John Vallamattom v. Union of India
Section 118 of the Indian Succession Act, which required a 12-month waiting period for Christians' charitable bequests, was struck down as discriminatory.
Novartis AG v. Union of India
Section 3(d) of the Patents Act prevents the grant of a patent to a new form of a known substance unless it demonstrates significantly enhanced therapeutic efficacy.
Eastern Book Company v. D.B. Modak
Copyright in compilations protects creative selection, arrangement, and expression — not underlying facts or public records. The "modicum of creativity" standard applies.
ONGC Ltd. v. Saw Pipes Ltd.
An arbitral award that is patently illegal or contrary to the fundamental policy of Indian law can be challenged under Section 34 — though subsequent amendments have narrowed this ground.
Amazon.com NV Investment Holdings v. Future Retail
An Emergency Arbitrator appointed under institutional rules has the same powers as a constituted tribunal to grant interim measures; the order is enforceable under Section 17(2).
TRF Ltd. v. Energo Engineering Projects
Ineligibility to act as arbitrator under Section 12(5) also disqualifies that person from nominating an arbitrator — the taint attaches to the nomination power.
Mobilox Innovations v. Kirusa Software
An operational creditor's Section 9 application under the IBC must be rejected if the corporate debtor raises a genuine pre-existing dispute about the debt.
Committee of Creditors of Essar Steel v. Satish Kumar Gupta
The CoC's commercial judgment on a resolution plan is final — courts and the NCLT cannot substitute their view for the collective wisdom of creditors.
Gayatri Balasamy v. ISG Novasoft Technologies
Courts may under Section 34(4) remit an award to the tribunal to cure specific defects — but cannot themselves modify the substantive outcome of the award.
Danamma @ Suman Surpur v. Amar
A daughter born before the Hindu Succession Act 1956 also acquires coparcenary rights under the 2005 amendment — the right is by birth, not by the date of the daughter's birth.
Dale & Carrington Invt. v. P.K. Prathapan
Directors owe fiduciary duties to shareholders and cannot use their position to allot shares to themselves to consolidate control at the expense of minority rights.
Maneka Gandhi v. Union of India
Article 21's "procedure established by law" must itself be reasonable and comply with principles of natural justice — an unjust procedure does not satisfy the constitutional standard.
Consumer Education and Research Society v. Union of India
The Consumer Protection Act creates a cheap, speedy, and simple remedy additional to existing legal rights — it must be construed in favour of consumers.
ONGC v. Western Geco International
An arbitral award may be set aside as contrary to public policy if it is Wednesbury unreasonable or violates principles of natural justice.
Specific Relief (Amendment) Act, 2018 — Legislative Framework
As of 2018, courts must grant specific performance of contracts as the primary remedy — the discretion to award only damages has been substantially removed.
Satyam Computer Services v. Upaid Systems
Fraud allegations against a contract do not automatically displace an arbitration clause — the arbitration agreement, being separable, survives unless the fraud goes to the clause itself.
U.P. Cooperative Federation v. Singh Consultants (Bank Guarantee)
An unconditional and irrevocable bank guarantee is independent of the underlying contract — it must be paid on demand without the bank examining the merits of the dispute.
Shayara Bano v. Union of India
Instantaneous triple talaq is manifestly arbitrary and violates Article 14 — it is not an essential religious practice and is therefore not protected by Article 25.
Bachhaj Nahar v. Nilufar Begum
In a civil suit, relief can only be granted on grounds pleaded. A party who fails to plead a cause of action cannot have it granted, however meritorious.
Justice K.S. Puttaswamy v. Union of India (Aadhaar)
Aadhaar is constitutional for state welfare delivery — but mandatory commercial Aadhaar linking violates the right to privacy under Article 21.
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