Saya & Associates
Reading the law early.
153 notes on Indian law, from anticipatory bail and maintenance to reassessment notices and the DPDP Act. Plain language, with statutory positions dated so you know exactly what they reflect.
Current analysis
51 pieces written for this site, each stating the law as at a given date.
Spouse's income unknown in a maintenance case? What you can still show
How to prepare a maintenance case in India when you do not know your spouse's income: the section of the Rajnesh v Neha (2020) disclosure affidavit about the other spouse, what a salaried or self-employed spouse must disclose, interrogatories and production under Order XI, the burden of facts within personal knowledge, adverse inference and estimation, and the lawful limits on gathering records.
Startup rebranding in India: contracts, invoices and customer continuity
What to check before rebranding a startup in India: whether the brand, the company's registered name or the supplying company is changing, the name-change process in section 13 of the Companies Act, the former-name rule for invoices in section 12, customer contracts and novation, payment details and technical dependencies.
Recovering a personal loan in India without a written agreement
How to recover money lent informally in India without a written agreement: why section 10 of the Contract Act does not require writing for an ordinary loan, proving that a transfer was a loan, the three-year limits in Articles 19 to 21 of the Limitation Act, acknowledgments and part-payments, and building the ledger before a notice or suit.
WhatsApp evidence in unpaid invoice disputes: what businesses should preserve
How to use WhatsApp messages in an unpaid invoice claim in India: messages as documents under the Bharatiya Sakshya Adhiniyam, sections 61 and 63, whether a message can restart limitation under section 18, full disclosure in commercial suits under Order XI, and the transaction file to build around the chat.
Who owns AI-generated code? What founders should check before promising rights
How to work out who owns an AI-assisted application before promising a customer ownership or exclusivity: permission, ownership and exclusivity, section 2(d)(vi) of India's Copyright Act on computer-generated works, the UK and US positions, what AI tool terms settle, and the AI-use record to ask your developers for.
Nominee or legal heir: who owns shares and securities in India?
Why a nominee of shares or demat holdings in India does not become their owner: section 72 of the Companies Act, what the Supreme Court held in Shakti Yezdani v Jayanand Jayant Salgaonkar (2023), SEBI's current nomination rules for demat accounts and mutual fund folios, joint holdings, and the documents a family should put together.
Can recorded conversations be used in divorce cases in India?
When a recorded conversation between spouses can be used in an Indian divorce case: what the Supreme Court decided in Vibhor Garg v Neha (2025), the test of relevance, voice identification and accuracy, section 128 of the Bharatiya Sakshya Adhiniyam, preserving the original file, and the limits on collecting more or publishing it.
DPA vs NDA: why an NDA is not a data processing agreement
The difference between an NDA and a data processing agreement for a SaaS company: what each document protects, the Article 28(3) GDPR terms an NDA usually lacks, when an NDA may be enough, the valid-contract rule in section 8(2) of India's DPDP Act, and why transfer clauses are a separate question.
Bank nominee vs legal heir: who gets the money in India?
Why payment to a bank nominee in India does not settle who inherits the deposit: the RBI's 2025 directions on paying nominees as trustees of the legal heirs, the documents a bank may ask for, the 15-day settlement limit, the 2025 rules allowing up to four nominees, and what an heir can do before and after payment.
Switching software agencies in India: rights, access and transition
What to settle before moving a product from one software agency to another in India: sorting owned, licensed and third-party components, the written assignment and licence under sections 19 and 30 of the Copyright Act, the narrow section 52(1)(aa) exception, the exit clause, account control, a testable handover, and what to do if the agency withholds the code.
Child visitation schedules in India: drafting a parenting plan
How to draft a workable child visitation schedule in India: what the Supreme Court said in Yashita Sahu (2020) about weekends, holidays, distance and daily calls, handovers, holiday priority, illness and missed time, changing an order under section 26 of the Hindu Marriage Act, and civil contempt for wilful disobedience.
Caveat petition in India: section 148A and the 90-day rule
How a caveat under section 148A of the Code of Civil Procedure works in India: who may lodge one, the duty to serve notice by registered post, the court's notice and the applicant's copies, the 90-day limit, why a caveat is not a stay, and what Order XXXIX Rules 3, 3A and 4 say when an injunction is granted without notice.
Moving with a child during separation: what to check in India
What to check before moving with a child during separation in India: existing custody and travel orders, the welfare test and removal rule in the Guardians and Wards Act, why the court where the child ordinarily resides matters, a relocation plan, and the difference between a holiday and a permanent move.
SaaS liability caps: what founders should check before signing
How a SaaS founder should review a liability cap in an enterprise contract: how the cap is calculated, what sits outside it, how indemnities and schedules change the answer, section 73 of the Indian Contract Act, the reasonableness test in the UK Unfair Contract Terms Act, and insurance.
Won a money decree but still unpaid? Execution in India
How to enforce an unpaid money decree in India: why an appeal is not a stay (Order XLI Rule 5), the modes of execution in section 51, attachable property under section 60, asset examination under Order XXI Rule 41, certifying payments, the 12-year limit, and the six-month direction in Rahul S. Shah (2021).
Cheque bounced? The payee's deadlines and documents
A payee's guide to a dishonoured cheque under section 138 of the Negotiable Instruments Act: presentation within three months, the 30-day demand notice, the drawer's 15 days, the one-month complaint, where to file, company drawers, and the evidence file.
Can a working spouse claim maintenance in India?
Whether an earning spouse can claim maintenance in India: the test in sections 24 and 25 of the Hindu Marriage Act and section 144 BNSS, what Rajnesh v Neha, Sunita Kachwaha and Shailja say about working and qualified spouses, and how to build the income and expense record.
Software development agreements in India: rights, licences and handover
What an agency software development agreement in India should settle: the chain of title through subcontractors, when rights pass if payment or acceptance is pending, the agency's reusable framework, open-source and AI-assisted code, and a handover the receiving team can test.
Does a legal notice extend limitation for money recovery in India?
Why a legal notice or reminder does not extend the time to sue for unpaid money in India: the Schedule articles that set the start date, acknowledgments under section 18 and part-payments under section 19 of the Limitation Act, section 25(3) of the Contract Act, pre-institution mediation and arbitration.
Mutual consent divorce settlement: what to clarify before signing
A drafting checklist for a mutual consent divorce settlement under section 13B of the Hindu Marriage Act: tying each payment to a stage and proof, listing belongings and pending cases, continuing consent after Hitesh Bhatnagar, waiver after Amit Kumar, and a working plan for children.
EU Data Act for Indian SaaS: switching clauses and data export
How the EU Data Act's cloud switching rules reach an Indian SaaS provider with EU customers: the contract terms Article 25 requires, the notice, transition and retrieval periods, what counts as exportable data, open interfaces, and the ban on switching charges from 12 January 2027.
FEMA 2026: export payment deadlines for Indian businesses
The FEMA export rules in force from 1 October 2026: the nine-month and twelve-month realisation periods, which date starts the clock for goods, services, warehouse sales and projects, the EDF deadline for service exporters, and what an authorised dealer bank can extend, reduce or set off.
Received a departmental charge-sheet? A first review
How a government employee should review a major-penalty charge-sheet: what Rule 14 of the CCS (CCA) Rules, 1965 says it must contain, the 15-day reply period extendable to 45 days, inspecting documents, the defence assistant, and why admissions matter.
Stridhan in India: ownership, evidence and recovery
What stridhan is and who owns it after Maya Gopinathan (2024) and Mulakala Malleshwara Rao (2024), the records that help prove each item, and the routes to seek its return: a matrimonial or civil claim, section 19(8) of the Domestic Violence Act, and criminal breach of trust.
Who owns software built by a freelancer in India?
Who owns code written by a freelancer in India: computer programs as literary works, first ownership under section 17, the signed assignment section 19 requires, future code under section 18, the one-year lapse rule, and pre-existing and open-source components.
Electronic evidence in a company investigation: preserve it before it changes
How a company should preserve emails, chats, logs and devices when an investigation is likely, and what the Bharatiya Sakshya Adhiniyam, 2023 needs to prove them: sections 57, 61 to 63, the two-part certificate with its hash value, and Arjun Panditrao (2020).
Child custody in India: preparing an interim arrangement
How to prepare an interim custody proposal in India: the welfare test under the Guardians and Wards Act and section 26 of the Hindu Marriage Act, the child's wishes, visitation and video-call contact after Yashita Sahu (2020), and a factual record built around the child's week.
Interim relief in arbitration: section 9 or section 17?
When to seek interim relief from a court under section 9 or from the tribunal under section 17 of the Arbitration and Conciliation Act, 1996, the 90-day rule, emergency arbitrators, and how to build the evidence.
India's 2027 e-commerce rules: a launch checklist
A launch checklist for marketplaces in India ahead of the 1 January 2027 e-commerce amendments: an ownership table for five screens, the grievance duties that already apply, and the marketplace-or-inventory question for foreign founders.
Received a section 35 BNSS notice? The first steps
What a police notice of appearance under section 35(3) of the BNSS means, how to verify it, what compliance changes under sections 35(4) to 35(7), and how to prepare before attending.
Maintenance case in Delhi: which financial records matter?
What the Supreme Court's Rajnesh v Neha disclosure affidavit requires in a maintenance case, the four-week reply window, maintenance from the date of application, and how to organise the financial records behind it.
EU product listings: what a marketplace must check before publishing
What GPSR Articles 19 and 22 require on an EU online listing, what the 2026 EU product safety sweep found, and a six-step audit of one product record for marketplace founders.
Received an SFIO notice? Organise the first response
A company's first response to an SFIO notice: verifying it, keeping the original record intact, what section 227 protects, and why section 229 treats a falsified record as fraud.
UK startup hiring an Indian developer: IP and data checks
What a UK startup should settle before an independent developer in India starts: copyright ownership and written assignment under Indian law, remote access as a UK GDPR restricted transfer, and a clean exit.
Is a foreign divorce decree valid in India? What to check
Whether India recognises a divorce granted abroad: section 13 of the CPC, the Supreme Court's test in Y. Narasimha Rao, how the other spouse took part, and what to collect before relying on the decree.
Received a cheque bounce notice? The first 15 days
What to do in the 15 days after a section 138 cheque bounce notice: the statutory dates, what is at stake, the section 139 presumption, company liability under section 141 and a first-day list.
Who owns a startup logo in India? Agency, freelancer and trademark rights
Who owns a logo made by an agency or freelancer in India: first ownership under section 17 of the Copyright Act, the written assignment section 19 requires, its default terms, moral rights and trademark registration.
India's 2026 e-commerce rule changes: what marketplace founders should prepare before 2027
What the Consumer Protection (E-Commerce) (Amendment) Rules, 2026 change from 1 January 2027, and a screen-by-screen review for marketplace founders: search, sponsored labels, prior prices, listings, consent and complaints.
Police ask your company for records: responding to a BNSS section 94 order
What section 94 of the BNSS allows when police ask a company for emails, documents or devices, how it differs from a notice to appear, and how to preserve and produce records accurately.
A trademark opposition notice is not a rejection: what an Indian applicant should do next
What a trademark opposition notice means for an Indian applicant, the two-month counter-statement deadline under section 21, the evidence stages and how to build the record.
An SFIO investigation begins with records: a first-response guide for company officers
A first-response guide for company officers when the Serious Fraud Investigation Office asks for records: scope, preservation, a production register and preparing people for examination.
The EU customer asked for a DPA. What should an Indian SaaS founder check before signing?
What an Indian SaaS founder should check in an EU customer's data processing agreement: controller or processor, Article 28 terms, subprocessors, breach timing and Chapter V transfers.
Received a matrimonial court summons in Delhi? What to do first
A calm, practical guide to reading a matrimonial court summons, preparing documents and understanding the first hearing in a Delhi family case.
EU marketplace seller onboarding under the Digital Services Act
A practical guide to the Digital Services Act's trader-traceability and compliance-by-design rules for EU-facing marketplaces, including the small-platform exception.
Selling products from India to the EU: a legal launch checklist
A practical guide for Indian brands and marketplace founders selling physical goods to EU consumers, from seller identity to returns and product responsibility.
Mutual consent divorce in India: process, timing and settlement
A practical guide to mutual consent divorce under the Hindu Marriage Act and Special Marriage Act, including the settlement decisions to make before filing.
Setting up a business in India: a 2026 legal guide for foreign companies
A practical 2026 guide for overseas founders and companies choosing an India entry structure, funding route and operating compliance plan.
What India’s DPDP Act means for GDPR-ready companies
GDPR compliance gives you a head start, not a pass. Where the two regimes align, where they sharply diverge, and the sequence to follow before May 2027.
The EU AI Act for Indian companies: what actually applies in 2026
The timeline moved. What is already in force, what lands on 2 August 2026, what was deferred to 2027–28 — and what an Indian SaaS exporter should do about each.
India’s Consent Manager regime: what 13 November 2026 actually means
It is widely described as a deadline. It isn’t. What Rule 4 actually commences, who it applies to, and the dates that do bind ordinary businesses.
Seven contract clauses that prevent litigation
Most commercial disputes trace back to the same seven drafting gaps. What each clause must actually say — and the fight it prevents.
The forty-seven newest state the law as at 20 September to 4 November 2026; the others as at June 2026.
The archive, by subject
102 notes written between December 2024 and February 2025, on the judgments and rules current at the time. Each carries its publication date; none has been revised since.