Lawwatch : Legal Resources for Advocates -

A Post-2008 Buyer Cannot Seek Reclamation of Paddy Land for Residential Use

By K Rajasekharan 22 April 2026Kerala Paddy and Wetland Act 2008No Comments

The Kerala High Court, in the Full Bench decision in Sabeena E.K. v. District Collector [2022 (2) KLT 499], has observed that a buyer of paddy land after the enforcement of the Kerala Conservation of Paddy Land and Wetland Act, 2008, cannot seek reclamation of paddy land for residential purposes.

Law Relating to Conversion of Paddy or Wetland in Kerala

By K Rajasekharan 21 April 2026Kerala Paddy and Wetland Act 2008No Comments

The owner or the person in custody of any paddy land or wet land in Kerala shall not have any power to convert or reclaim such lands, since the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008 Act) on 12th August 2008 and the allied rules enacted in 2008. The removal of sand from wetland is also prohibited by the 2008 Act. However, there are two exceptions to this general rule. One is that the owner of the land can seek permission to convert paddy land and construct a residence, and the other is conversion of land for public purposes.

Sabarimala Case, Its Importance and the Legal Issues Involved

By K Rajasekharan 9 April 2026Constitutional lawNo Comments

The Sabarimala case represents one of the most significant "clashes of values" in Indian constitutional history. It pits the Right to Equality against the Right to Religious Freedom, forcing the Supreme Court to decide where the State's power to regulate religion ends and the individual's right to worship begins.

A Transfer of Property to Defeat Creditors Can Be Set Aside Terming it as Fraudulent

By K Rajasekharan 22 March 2026Property & Succession

A transfer of property may be set aside terming it as fraudulent under Section 53 of the Transfer of Property Act, 1882 (“the Act”) if it was made with the intent to defeat, defraud or delay creditors. This applies in cases where the property transferor had any sustaining debt to be paid in instalments at the time of the transfer and he subsequently defaulted in payment, forcing the guarantor of the debt to make payment for borrower’s default. Then guarantor can seek setting aside of the property transfer and recovery of the money he paid against the transferor’s debt.

Purpose of Section 80 CPC Notice and Its Contents

By K Rajasekharan 20 March 2026Civil Cases & Proceedures

Section 80 of the Code of Civil Procedure (CPC), 1908 (CPC) mandates a two-month written notice before filing a suit against the Government or a public officer for actions taken in their official capacity. The mandatory two-month waiting period is excluded from the calculation of the limitation period.

Execution of Decrees Under Order XXI CPC: A Concise Overview

By K Rajasekharan 20 March 2026Execution of a Decree

Execution of a decree is the most crucial phase of litigation in achieving the fruits of laborious and protracted litigation by the parties in dispute. A judgment would remain as a worthless piece of paper unless it is implemented in its true spirit. The Kerala High Court and the Supreme Court have consistently emphasised the duty of the executing court to act swiftly and effectively to enforce decrees, while at the same time balancing the rights of the judgment debtor.

A Couple Married Under Hindu Law and Registered it Under the Special Marriage Act Can Seek Divorce Under SMA

By K Rajasekharan 18 March 2026Family, Marriage & Divorce1 Comment

A couple already married under the Hindu Marriage Act, 1955 (HMA) can register their marriage under the Special Marriage Act, 1954 (SMA), without requiring a divorce. Once registered under the SMA, the marriage is governed by that Act and not by the HMA. The SMA provides a secular, civil marriage option for any two individuals.

Different Stages of a Civil Suit : An Overview

By K Rajasekharan 18 March 2026Civil Cases & Proceedures

Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

Indian Legal English: Common Errors and Preferred Alternatives for Court Practice

By K Rajasekharan 17 March 2026Articles

This is a list of non-standard English usages being used in documents, plaints, written statements, petitions, and oral arguments in Kerala courts, and their standard equivalents. They pass unnoticed even among experienced practitioners.

Husband Who Murdered His Wife Cannot Inherit Her Property Despite No Explicit Provision in Indian Succession Act

By K Rajasekharan 16 March 2026Property & Succession

In the case of Vijayan v. Appukuttan @ Pairaj [2026: KER:8018], the Kerala High Court ruled that a husband — belonging to the Christian faith — convicted of his wife's murder is legally disqualified from inheriting her property, even though the Indian Succession Act, 1925, the law governing his succession, does not explicitly provide for such a disqualification.