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

By K Rajasekharan 22 March 2026Property & SuccessionNo Comments

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 & ProceeduresNo Comments

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 DecreeNo Comments

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 & ProceeduresNo Comments

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 2026ArticlesNo Comments

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 & SuccessionNo Comments

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.

Model Affidavit in lieu of Examination-in-Chief

By K Rajasekharan 15 March 2026Legal Drafts, Matrimonial and Maintenance CasesNo Comments

When preparing an affidavit in lieu of Examination-in-Chief, please avoid vague terms, instead of saying "he was cruel," use "he used derogatory language (specify the words) on [Date]" and remember that in Indian jurisprudence, cruelty is not just physical. Mental cruelty—such as constant insults, denying food, or false accusations of infidelity—is sufficient for a decree.

Execution of Multiple Decrees Against a Property: Rateable Distribution Among Creditors

By K Rajasekharan 14 March 2026Execution of a DecreeNo Comments

When a Plaint Schedule Property is attached and sold in execution of a decree in which multiple decree-holders have a stake, and the sale proceeds are insufficient to satisfy the total debt of all creditors combined, Section 73 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") governs the manner in which such proceeds are to be distributed among the various decree-holders. The Section ensures equitable and proportionate distribution of limited proceeds available among similarly-placed creditors.

Accused Entitled to List of Documents “Not Relied Upon” by the Prosecution

By K Rajasekharan 13 March 2026Fair Disclosure under CrPCNo Comments

In Akhil Sabu v. State of Kerala [2024: KER: 49597], the High Court of Kerala observed that Rule 19(4) of the Kerala Criminal Rules of Practice, 1982, mandates that every accused must be supplied with the statements of witnesses recorded and a list of documents, as specified under Sections 173, 207, and 208 of the Code of Criminal Procedure (now Sections 193, 230, and 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023).