Lawwatch : Legal Resources for Advocates

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.

Law Relating to Conversion of Paddy or Wetland in Kerala

By K Rajasekharan 21 April 2026Kerala Paddy and Wetland Act 2008

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 law

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.