Lawwatch : Legal Resources for Advocates -

Right of the Legal Heir Over the Nominee on a Bank Deposit When Both Nominee and Legal Heir Become Claimants

By K Rajasekharan 11 May 2026Property & SuccessionNo Comments

Who is the legitimate claimant when the bank deposit or insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other? The laws have no specific provision to differentiate between the legitimacy of a nominee and that of a legal heir in receiving the deposit or insurance amount of the deceased person. However, several case laws shed light on the issue. This question, which had led to inconsistent decisions by different courts in earlier years, now appears to be reasonably well settled.

Temporary Employees Cannot be Made Permanent: Constitutional Bench

By K Rajasekharan 10 May 2026Constitutional lawNo Comments

The Constitution Bench of the Supreme Court (SC), in the Secretary, State of Karnataka v Umadevi and Others [AIR 2006 SC 1806], categorically declared that making temporary employees permanent in government on whatever ground or reason is backdoor appointment and hence an unconstitutional act impermissible in the eyes of the law.

Dry Land Cannot Be Treated as Paddy Land Under the Paddy and Wetland Act Without Following Due Procedures

By K Rajasekharan 10 May 2026Kerala Paddy and Wetland Act 2008No Comments

The Division Bench of the Kerala High Court in Rebecca George W/o George vs Local Level Monitoring Committee (2025:KER:93926) firmly restricts the powers of the Local Level Monitoring Committee (LLMC) from arbitrarily including "Purayidam" (dry land/garden land) in the Data Bank as paddy land or wetland, while reaffirming the constitutional right to property under Article 300A of the Constitution of India, read with the Kerala Conservation of Paddy Land and Wetland Act, 2008.

A Child Born Within Four Months of Marriage Would be the Legitimate Child of the Mother’s Husband

By K Rajasekharan 10 May 2026Indian Evidence ActNo Comments

Even when the birth occurs within four months of the marriage, Section 112 of the Indian Evidence Act, 1872 raises a conclusive presumption as to the legitimacy of the child, unless it is proved that the parties to the marriage had no access to each other at any time when the child could have been conceived. The Kerala High Court observed this in Sujatha Krishnan vs Radha Mohandas [2025: KER:97956].

Higher Qualification Does Not Always Presuppose Having the Basic Qualification for A Post

By K Rajasekharan 6 May 2026UncategorizedNo Comments

The Supreme Court Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors [(2019) 2 SCC 404] has held that a higher qualification does not inherently include lower, specific training or technical qualifications.

Dishonour of Electronic Fund Transfer Under the Payment and Settlement Systems Act

By K Rajasekharan 6 May 2026Negotiable Instruments ActNo Comments

Under Section 25 of the Payment and Settlement Systems Act, 2007, the dishonour of an electronic fund transfer (EFT) due to insufficient funds or exceeding credit limits is a criminal offense, similar to a cheque bounce, which attracts penalties up to two years imprisonment, fines up to twice the amount, or both.

Appointment of Legal Guardian of Persons with Autism and Other Disabilities

By K Rajasekharan 6 May 2026UncategorizedNo Comments

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (commonly known as the National Trust Act) was enacted to provide robust support, legal protection, and comprehensive welfare schemes.

Hearing the Party Mandatory When Imposing Waste Management Penalties

By K Rajasekharan 6 May 2026Local Government LawsNo Comments

The High Court of Kerala, in E.A. Usman v. Mazhuvannur Grama Panchayat [2026:KER:17631], has clarified the procedural formalities to be followed by the Grama Panchayat Secretary when imposing penalties for the discharge of waste water into public spaces.

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

By K Rajasekharan 24 April 2026Kerala Paddy and Wetland Act 2008

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].

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

By K Rajasekharan 22 April 2026Kerala Paddy and Wetland Act 2008

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.