Hon’ble Mrs. Justice Kannankuzhyil Sreedharan Hemalekha celebrates her 49th birthday today. She was born on 28th March 1975 at Belgaum to Late Sreedharan who was serving in Airforce and Late Chandramati who was homemaker. Passed S.S.L.C. from Divine Providence Convent School, Belgaum in the year 1990. Awarded with Student of Indian Classical Dance and practised Bharatanatyam, Kathak and folk Dance forms since the age of 6 years and completed 2 exams in the field of dance.
Justice Hemalekha obtained Bachelors Degree in Commerce from Gogte College of Commerce, Belgaum in the year 1996 and Law Degree from Raja Lakhamgouda Law College, Belgaum in the year 1999. Enrolled as an advocate on 31st July 1999. Practiced as an advocate from 1999 to 2000 in the chambers of Sri Ashok M. Potdar, Advocate at Belgaum and continued practice from 2000 to 2008 in the chambers of Sri G. Balakrishna Shastry, Advocate at Bangalore practiced before Hon’ble High Court.
In 2008 she established independent office and practiced as an advocate in High Court of Karnataka, Dharwad Bench. Appeared before Civil Court, Magistrate Courts, Administrative Tribunal, Appellate Tribunal, Land Tribunals, State Commission and District court. Practiced in the areas of Civil, Service, Land Laws and other allied laws. Appointed as Central Govt. Standing Counsel in March 2018.
Justice Hemalekhs was sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.
Important judgments delivered by Hon’ble Mrs. Justice K S Hemalekha.
Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/3te4iLh23TBvRhUBvByspiN8c
Ineligible candidate cannot plead his innocence in the selection process. Permitting ineligibility to triumph would have the effect of perpetuation of illegality which cannot be allowed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2dtz7B2adBTyEBNBfw1TzH0oH
Where information obtained under the RTI Act is not challenged as regards its veracity, the source of information is irrelevant and cannot be excluded from consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0IktPyyEOY6jvj4Xxr2ccoOLJ
False allegation of impotency by wife would cause mental disharmony to husband and amounts to mental cruelty, which would enable the husband to seek divorce on the ground of cruelty. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5hp7g7CWnH668ZRpaKOcpZZEz
Proceedings before the mediator are confidential and cannot be relied on by Courts in deciding cases on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xZXEdOEVPYIrXxuIfxE95nYUE
Court can allow amendment of pleadings even after commencement of trial if it is satisfied that inspite of due diligence the party “could not have raised” the issue before commencement of the trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WaX16qLZcp7ZZyh7eFPqYGnDa
Judges cannot maintain angelic silence when the court orders are violated with impunity. Karnataka High Court convicts husband who failed to pay maintenance to wife despite repeated court orders.
https://www.dakshalegal.com/judgements/actionView/mKaVg1ZSlU8WdCiGY8MwkT9yr
Preventive detention. Detaining authority cannot plead ignorance of representation by detainee. Non-consideration of the representation renders the detention illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uxfPpO5NbKzlgJJNkXJeDDXOq
Karnataka High Court deprecates speculative litigation by colleges harming educational prospects of the students. Imposes exemplary costs.
https://www.dakshalegal.com/judgements/actionView/e66BRxeHwkda3cRTpaVBQyuGB
“Unborn child has a right under Article 21 of the Constitution of India.” Karnataka High Court while nixing the agreement to adopt unborn child.
https://www.dakshalegal.com/judgements/actionView/qGDWkrXKEkdkSbStLTgzVGWCn
Willful disobedience of the Court order to survey land of the aged/poor farmer. Karnataka High Court imposes cost of Rs. 3 lakhs recoverable from the Tahsildars responsible for the inaction.
https://www.dakshalegal.com/judgements/actionView/P7L8xsJ9Ftn31Xi5EUxzRyYxU
Muslim couple enter into agreement to adopt unborn child of Hindu couple to overcome Muslim Law barrier. Karnataka High Court expresses shock while nixing the agreement.
https://www.dakshalegal.com/judgements/actionView/LdDURFb0oyUCI1CKzs6Ht8viF
Association providing recreational activities such as Rummy Card Games, Chess, Carom, Billiards/Snooker and other Skilled games only to its members is not required to obtain license under the Karnataka Police Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/mkfkkj0wMtJIiGKmQiE78AKkd
Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Yn3aGBzO2cTIfUr28Ell4GkmE
“It is the duty of the Court to uphold and maintain the dignity of the Courts and Majesty of the law”. Karnataka High Court sends the contemnor to jail for selling property in gross violation of interim order.
https://www.dakshalegal.com/judgements/actionView/l99JHmqInDCZZT8yj3E6xS8KR
Right to Information Act. Second appeal under Section 19(3) of the Act by the Public Information Officer is maintainable even in the event no first appeal is preferred under Section 19(1). Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/bviprOkeCfqTA0cUJCEahuYMe
Maintenance and Welfare of Parents and Senior Citizens Act. Transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor. Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/aUu8uX7bmkOYVriDpbGom08vE
Establishment of circuit Benches ensures speedy and qualitative justice to the needy citizens to their door steps and creates an opportunity to young advocates to excel in profession. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PI16Z72gWK8fAaraky3FV7eL7
When Civil Court has already dismissed suit for specific performance of sale agreement, the Registrar cannot order registration of the agreement under the Registration Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xmiBHUinshgqpSH5OT6bB1XDT
Unconditional allotment of property under a partition will not attract the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/IcElYDIkll3PY6rsAHzIlWsI8
Karnataka Court Fees and Suits Valuation Act. Agricultural land coming within municipal area shall be valued as urban land though it is not converted for non-agricultural purposes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/U08mg2b4oy99jWjZ2rTV67S82
Suit for declaration of the title based on fraud, coercion and misrepresentation shall be filed within three years from the date of registration known to the plaintiff or when the right to sue first accrues. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AqJHrMMCBKOoldjx8oCmaX20l
Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/4bxoXdtBsWCPhQ5AEo3IPDnM1
Karnataka SC/ST and OBC (Reservation of Appointments) Rules. Only the Director of Civil Rights Enforcements can prosecute regarding fake caste certificate on the report submitted by the District Caste Verification Committee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/khTB1remmyG3VDzEL7ZE4X8sr
Foreign Contribution (Regulation) Act. Mere possession of permanent registration does not permit recipient to get amounts credited to designated savings bank account. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p29mXduwGd9hL8sYtvH7erBQg
Examination of attesting witness to prove registered Gift deed becomes necessary only if the executant denies the deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aGEtm93I7fsUM1EOnE8UrI127
Civil Court has no jurisdiction to deal with the correctness of the Land Tribunal order granting occupancy rights. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/opNn8Uxs24o34dm24CEOnCWDz
Pleas of title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zgWvKR6GXt3zkIs0yAonm1gdE
Mere entry in the revenue records would not confer any title without there being a registered document conveying the title to the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Owdz2IIOQ4bI0544dzq9XQKZ2
Adoption. Except the genitive parents, adoptive parents and the adoptive son, others have no locus standi to question the validity of the adoption deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0EaKcDc0zRqQDqQjBitIqKknY
‘’Merits Uniform Code on the subject for the whole of India’’. Karnataka High Court on the Hindu Adoption and Maintenance Act.
https://www.dakshalegal.com/judgements/actionView/FloCtPOopG7rftwU1Vw1WTmEV
Transfer of immovable property by way of sale can only be by a deed of conveyance duly stamped and registered as required by law. No right, title or interest in the immovable property can be transferred by way unregistered document. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UfBVyOl3H6esVdRbN6mG4oOwL
Transferee under an agreement of sale cannot resist suit for possession when there is a failure on his part to bring a suit for specific performance of contract within the period of limitation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fZak52U9oR6D7qVhfWpVRiVM2
Employees State Insurance Act. Authorities cannot straightway issue garnishee order under Section 45G without affording an opportunity to the employer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qYoipFbhpdtLtDb8Fq22PfcV5
Industrial Disputes Act. Employees who voluntarily retire from service having accepted benefits under voluntary retirement package cannot raise industrial dispute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/g7BOrGfkC80daY0n06krfwFne
Labour Law. Minor punishment imposed by the management cannot be interfered with by the Labour Court unless there is want of good faith, victimization, unfair labour practice and violation of principles of natural justice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XQKipEmJaGbO424nAIdX2SLyw
Payment of Gratuity Act. Service rendered by an employee as daily wager before his regularisation shall also be taken into account for the purpose of calculating the gratuity. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wWYW2ppPDu5eiJqr6hdSgbHRr
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