Law Relating to Conversion of Paddy or Wetland in Kerala

4 March 2025Posted inPaddy and Wetland Act
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.

SC Summarises the Law relating to Child witnesses

24 February 2025Posted inEvidence law
The Supreme Court (SC), in The State of Madhya Pradesh v Balveer Singh [2025 INSC 261], says that the testimony of a seven-year-old child witness cannot be dismissed outright because, under Section 118 of the Evidence Act, and a child is competent to testify if they can understand the questions and provide rational answers.

Confirmation of Attachment by the Designated Court under BUDS Act

16 February 2025Posted inCivil law
The delay in filing application for confirmation of the provisional attachment of property by the Competent Authority, under Section 14(1) of the Banning of Unregulated Deposit Schemes (BUDS) Act, 2019 (BUDS Act), to the Designated Court cannot be condoned, as Section 5 of the Limitation Act is not applicable to the Section, says the High Court of Kerala, in paragraph 19 in the judgement in Highrich Online Shoppe Private Limited v The Competent Authority.

If Reason for Arrest not Informed Court must Grant Bail

13 February 2025Posted inArrest & Related Matters, Bail & Related matters
Informing an arrested person clearly and effectively of the grounds for his/her arrest is a fundamental right under Article 22(1) of the Constitution and the right to live with dignity is a part of the rights guaranteed under Article 21, says the Supreme Court (SC) in Vihaan Kumar v The State of Haryana & Another [2025 INSC 162].

In Service Matters, Approach Administrative Tribunal first but not HC

8 February 2025Posted inConstitutional law
The service matters concerning recruitment and service conditions of state employees, including suspension review, fall within exclusive jurisdiction of administrative tribunal, which must be approached first before directly seeking high courts intervention in such matters, says the High Court of Kerala in Sadiq M M v State of Kerala [2025:KER:251].