A Property That Lies Fallow or Gets Waterlogged Seasonally Cannot Come Under the Definition of Paddy Land or Wetland

Posted inKerala Paddy and Wetland Act 2008No Comments
Merely because a property is lying fallow, it cannot be termed as wetland or paddy land in contemplation of the Kerala Conservation of Paddy Land and Wetland Act, 2008, observed the Kerala High Court in Mather Nagar Residents Association and Another v. District Collector, Ernakulam and Others [2020 (2) KLT 192].

Law Relating to Conversion of Paddy or Wetland in Kerala

Posted inKerala 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.

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

Posted inProperty & 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.

Execution of Decrees Under Order XXI CPC: A Concise Overview

Posted inExecution 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

Posted inFamily, 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.