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https://www.dakshalegal.com/judgements/actionView/kEUgBcKmXZxRFdSvtm4BaibQW
Adverse Possession as Sword. Plea of adverse possession can be raised by the plaintiff by filing a suit for declaration to perfect his title. Karnataka High Court.
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https://dakshalegal.com/judgements/actionView/4JAX75VSZB7sMVrzErZ36SwBD
Widow can contest ex-parte divorce decree even after the death of her husband. Supreme Court.
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https://www.dakshalegal.com/judgements/actionView/AUU7PthWm2WcZSvWvwc536sz8
Alienation of a minor’s property by a natural guardian does not become void from the date of its execution but shall be so construed only after it is declared so by a competent Court. Karnataka High Court.
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https://dakshalegal.com/judgements/actionView/EaRfdZAg0VTB1FvKKR5JUi5y3
Hindu Law. Widow who is remarried after the succession opened due to the death of her husband is entitled to a share in her late husband’s properties. Karnataka High Court.
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https://www.dakshalegal.com/judgements/actionView/saIIQO9EDmV2Av47ma0eTkdRE
A person, whose claim for title is negatived, cannot maintain a suit for injunction. Karnataka High Court.
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https://www.dakshalegal.com/judgements/actionView/N6MSA6hPPcvPiRV2lCCPy6VU7
Hon’ble Mr. Justice C M Poonacha celebrates his 50th birthday today.
Justice C M Poonacha was born on 6th April 1974. He completed Law from University Law College, Bangalore and enrolled as an Advocate in October 1997.
He joined the chambers of Sri. S.K.V. Chalapathy, Senior Advocate and later his father Sri C. M. Monnappa, Advocate. He co-founded a law firm ‘Lexplexus’ in August 2001. He handled various matters before the District Courts, High Court of Karnataka and Supreme Court of India as well as before various Forums and Tribunals as also numerous Arbitration matters.
Justice Poonacha represented various Government Entities, Banks, Insurance Companies and other institutions apart from private clientele. He was empanelled with the Karnataka State Legal Services Authority, High Court of Karnataka since 2015.
Appointed as Addl. Government Advocate, High Court of Karnataka in August 2020.
Justice Poonacha was appointed as Additional Judge, High Court of Karnataka and taken oath on 13.06.2022. His appointment is recently confirmed by the collegium of the Supreme Court of India.
Important Judgements delivered by Hon’ble Mr. Justice C M Poonacha.
Alienation of the re-granted ‘Service Inam Land’ from the period 1:2:1963 to 7:8:1978 is valid and permission for sale is only a formality since the Deputy Commissioner is bound to give permission. Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/BJgIIOisX5GEQJ1VIQOeB6Lrz
Industrial Disputes Act. Employer is not liable to pay Provident Fund contribution in respect of Section 17B wages to employee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/3COZkcdReu0NDtwgSvCvkIbML
Stay of execution proceedings under Order 21 Rule 29 during pendency of suit does not apply when the suit if filed after initiation of the execution proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/HWF0i0p1kk3zLISSyCTqYGLoD
Sale deed executed in violation of an order of injunction passed by a competent Court is unlawful under Section 23 of the Contract Act and the purchaser cannot claim any right or equity under the sale transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Q2uw7IaSqdK2fROn3UZm2nTPK
Employer is not liable to deposit provident fund contribution in respect of payments made in compliance of Section 17-B of the Industrial Disputes Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TrhlKYgo7OlRXOTg2KLIvx3z4
Industrial Disputes Act. Proportionality of the punishment cannot be gone into by the Tribunal while considering the application of the employer under Section 33(2)(b). Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/m3QivhoPb5fMOM1GDS7ga076n
Suit for recovery of arrears of rent. Landlord cannot claim enhanced rent under the lease deed which requires registration but not registered. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xGqk3fpNUCBvYIlc7mWRGn7vK
Provision regarding regulation of erection of buildings under the Panchayat Raj Act does apply to erection of mere compound wall. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Vx2kofaKE8FZeeNHlm8fnY5v6
Sufficiency of cause for wife to live separately from husband cannot be gone into in a proceeding under Section 125 Cr.P.C. Negligence or refusal by husband to maintain is sufficient. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0LVZn0rgkUrSMQYO99nrs00qH
Execution of decree. If objector claims through Judgment Debtor, the application is to be rejected. If the claim is based on an independent right, such an application shall be enquired into. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aYtutQ3CiGIDjIKd7NV2KwVu8
Remand of the entire suit for fresh trial when the first appellate Court records a finding that the decree was a collusive one and material facts having been suppressed, is permissible. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oCG2NsjzPTMZaHESSuN45jI9c
Civil Procedure Code. Summons served on wife of defendant is sufficient service. Presumption arises that the defendant had knowledge of the suit and the date of hearing mentioned in the summons. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2bQvHCIEhHcWq7VD0L5G4qhkg
The only relevant issue in a suit under Section 6 of the Specific Relief Act is prior possession and illegal dispossession therefrom. Title to the property is irrelevant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JV707aPMuxGJMz83tvQSrn1Sx
Withdrawal of suit without liberty to institute a fresh suit as contemplated under sub-rule (3) of Order XXIII Rule 1 of the CPC operates as res judicata for fresh suit on the same cause of action. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8RtfFt0Dnj8imnjO3wrEchf8E
Question of limitation in a suit for partition arises only if defendants prove ouster of plaintiff from the joint family properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eKWE0e5fGBDeR6MKN58wlVCmv
Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n2oo8U8EiWNNe1AIDzGXYYxlz
Executing court can go into validity of claim based on Will in final decree proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2ESKgcXmB5uqD4jX89L1vBS4r
Execution Court must consider whether a portion of the property is sufficient to satisfy the decree. Failure amounts to ‘substantial injury’ within the meaning of Order 21 Rule 90. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fTdXMOBVJ3t1dzRBIG3wVNItJ
Karnataka Co-operative Societies Act. Once the calendar of events is published, the District Election Office loses jurisdiction and cannot order postponement of the elections. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BGMonYvoHhixtQHdWJIB2AX3v
If majority of members of a Co-operative Society resign thus bringing strength below the quorum, then all other members shall be deemed to have vacated their office and fresh election shall be held to all the posts. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n5eZNsiFHG0kOOV4bacNcTlku
‘’Land acquisition for public purpose. Procedural defects which do not go to the root of the matter should not be permitted to defeat a just cause’’. Karnataka High Court while upholding land acquisition by the BDA.
https://www.dakshalegal.com/judgements/actionView/qcpe4j5ctWMt2jSgFgXvc9WI9
Employers Compensation Act is a beneficial Legislation which requires liberal interpretation. Liability of the insurer cannot be limited to the actual wages paid by the employer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/4EJBeuBU6azCVJrUivOh7X4eA
MV Act. Tribunal cannot simply rely on the pleadings by claimant about his income while applying Section 163A. Tribunal can independently assess the income to give benefit of the section. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nA3rvcSTTM9nispZdM4xlejao
Payment of Gratuity Act. Impleading principal instead of the management in claim before the Controlling Authority will not vitiate the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LAA4R4kciq3iVNGwQx8X1zUE0
Independent suit to set aside compromise decree is maintainable by a person who was not a party to the compromise decree. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eVP2Ip56VZ52xXPMWxIfwEJ9G
Decree of mere declaration of title granted by trial court cannot be set aside when the plaintiffs had sought for other consequential reliefs also in their suit. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kwBUhhl9ZriyTHFEkPyPfB2wj
Hon’ble Dr. Justice Hosur Bhujangaraya Prabhakara Sastry celebrates his 62nd birthday today. He was born on 04.04.1962 at Davangere. Completed Law Degree at R L Law College, Davangere. Obtained MA and LLM degrees from Bengaluru University and Ph.D from National Law School of Indian University. Enrolled as an Advocate in the year 1991 and practiced at various Courts at Bengaluru and other places and also served as Standing Counsel for undefended accused in the Sessions Court of Bengaluru Rural District.
He was appointed as District and Sessions Judge on 27.05.2002 and served at Kalaburgi, Bengaluru, Bagalkot, Chikkaballapur and Tumkur and also served for a short period as Registrar in the Registry of Supreme Court of India. Appointed as Additional Judge of the Karnataka High Court on 21-02-2017 and Permanent Judge on 03.11.2018.
Important judgments delivered by Hon’ble Dr. Justice H.B. Prabhakara Sastry.
Defamation. Statement made in open court during evidence amounts to publication. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Xx83Ieah52chjiHfrrunKS93L
Criminal law. Call records regarding conversation between accused and deceased are inadmissible in evidence unless the
Certificate required under Section 65B of the Evidence Act is produced. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sRsc59ZvrxNYUfN0wMgVfjdmw
NDPS Act. The Intelligence Officer of NCB is authorised to file a complaint under Section 36 instead of police report. When a complaint is filed, accused can NOT claim default bail under Section 167-2 Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/XQpU53mP0XAlYUp5q55a4UpgS
Negotiable Instruments Act. Alteration of cheque date. If alteration is made when cheque is issued or made later with privity of parties and in the absence of any fraud, the cheque is valid and enforceable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FNJpXuUuJc8eMa4wrFndOohRD
Negotiable Instruments Act. 1881. Section 138. Notice demanding lesser amount than the cheque amount, after giving deduction to part payment, is NOT a defective notice. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FQ7ALto65kqwMAAt2aPVdBiN8
Motor Vehicle Case. Claimant being intoxicated at the time of accident cannot be a ground to deny compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6XtyqPT2cwT5UCvW3Txmlp9ZR
Court cannot receive and admit documents merely reserving liberty to opposite party to object at a later stage. Court must hear and decide immediately when production is objected. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gwNValVtNjcG2N1vsF0VbRkmH
Mere participation of more than one accused does not constitute criminal conspiracy unless there was meeting of minds among the accused which resulted in crime. Karnataka High Court reiterates.(DB)
https://dakshalegal.com/judgements/actionView/DuIk1yAs9WaR2EkGxUU4xqnyR
Mere possession of liquor, without the knowledge on the part of the possessor that the bottles were unlawfully imported,
transported, manufactured, duty-escaped does not constitute offence under the Excise Laws. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jLH1e7ttLnceEQrA1V3KHSTeG
All the offences under the Negotiable Instruments Act are compoundable and the parties can compound subject to payment of graded cost. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4IfAEzY283mth5WU5Zb8rbTKi
Criminal Law. When the article from which ‘chance fingerprint’ was lifted is not produced, mere report of the fingerprint expert cannot be relied on. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/zRxqDg1x4qQaq6BlOeWoRGkFq
False recital made in a sale deed cannot be construed as a ‘statement made before the Sub-Registrar’ to attract penal provision of Section 82 of the Registration Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/W09ZCxoPYBdT60EDwLGPLpBp5
Rape on minor. Calculating age of victim girl based upon her mother’s married period is highly improper when there is sufficient evidence to determine the age of the victim girl. Karnataka High Court reverses acquittal of the accused. (DB)
https://dakshalegal.com/judgements/actionView/mrnKhdt4GG6g2lRVjM0vyNWfQ
Prevention of Food Adulteration Act, 1954. Variation in quality and misbranding need not be injurious to health to constitute offence under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/HhV2Qm8g1Pq19Hz7ialrXApV1
Criminal Law. Remitting matter for a denovo trial should be exercised as a last resort to avoid grave miscarriage of justice defect which cannot be cured at an appellate stage. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EFMguHkSPNNZQgAcQCcXe7aaE
Cr.P.C. Section 125. Delay. Deserted wife bearing patiently for a few years, hoping that her husband would take her back, would not by itself disentitle her from claiming maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/JDCpEygujoFpMJPT1WzRKsPbL
Cr.P.C. Section 125. Though second marriage during first marriage is nullity, if the husband married again by concealing first marriage, the second wife is also entitled to maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gg6vPsYwVkwsGJw0sjHBetKes
Trust Act. Petition under Section 34 seeking opinion of Court in management of trust property is not a dispute raised before Court. Section does not apply to suits involving disputes. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1y313v7iguVMc0bfe9owUaw8z
Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1OGgcdMKtf3rv2qBoUUcOn0GJ
Transfer of immovable property implies and includes in it transfer of structure put up thereupon though not specifically mentioned in the deed of transfer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2joJRVp9GmYaqyEqLcVf5Yh4u
Suit for specific performance. Genuineness of the sale agreement. Purchase of stamp paper under the heading “Bond” instead of “Conveyance” is a factor to be taken note of while considering the genuineness of the sale agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1x8YMZC37WdPRb5jVTxxGmL08
Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jQd9LPUrNewKoKVvm1ssvcphK
Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4orsRKDmv7R3kPP46yv7JdcKz
Ownership and management of Temple built on Government Kharab land cannot be claimed by private persons especially when it is dedicated to the public. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/dyTW5LxjrcUgkaUkIyRLv2vm9
Wakf Act. Civil Court can entertain suit or proceedings in relation to any question not falling within four corners of the Wakf Tribunal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Zpg8w9iB95l7SuFPeRftPa5mv
‘Last Seen Theory’ under Section 106 of the Evidence Act does not directly operate against either a husband or a wife staying under the same roof as being last person seen with the deceased. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4H8JaQcyd8d5JVHAaQP9hSQak
Trademark in the name of Deity/God is also entitled for protection against infringement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/goooynRqsueObRC415ItvCcoi
Defendant can claim title over property by adverse possession by way of counter claim in the suit filed by the plaintiff for permanent injunction. Karnataka High Court permits amendment of the written statement.
https://www.dakshalegal.com/judgements/actionView/SzU642qzYE1btoOv8wfHKFm0w
Hon’ble Mr. Justice Vedavyasachar Srishananda celebrates his 58th birthday today. Justice Srishananda was born on 29.03.1966. He was appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021. His father Shri. Vedavyasachar is one of the leading lawyers in Karnataka known for his command over Civil laws and extensive practice in that field.
Important Judgments delivered by Hon’ble Mr. Justice Srishananda.
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN
Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SAcs1pPMPVj3v2NPX8CjCwm2N
Suit challenging a compromise decree passed before the Lok Adalath on the ground of fraud is not maintainable since the only remedy is to question the same under Article 226 and 227 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vvOaN6gF7FQhPjsU9Ii0cebZs
Daughter-in-law cannot claim maintenance against her parents-in-law under Section 125 of the Criminal Procedure Code. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kPtjApw9uZLD9gOrw9ffVoRR4
Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eMgQkQNDQUv6q5kPXnY9x8bsZ
Income Tax Act 1961. Company ceasing to exist on the day of passing assessment order as a result of its merger under the approved scheme of amalgamation. Assessment order against such non-existent company is invalid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FAWoQOXlZLfmfu3z5vewi8RDF
‘Acid attack is not only a crime against victim, but a crime against the entire civilized society. It is high time to deal with the acid attackers with iron hand.’ Karnataka High Court upholds life sentence to acid attacker.
https://www.dakshalegal.com/judgements/actionView/0YkRvJRrnLkrok11ekMO10wLD
Criminal Procedure Code. Section 267. Accused can NOT be detained by the jail authorities only on the basis of ”body warrant” without there being any detention order or judicial order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uHJh3z9PYXVFk1KZp3n2a3Hio
Public nuisance. Executive Magistrate must afford sufficient opportunities to the parties and record evidence and arrive at a legal finding that the action complained has resulted in nuisance to the general public at large. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OlyzjPD8LGdJGbFKW1Uu1f2Y9
Bulk allotment of lands in favour of house building co-operative societies by BDA is valid and the society can seek permanent injunction on the basis of such bulk allotment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jcYPNcWA1OnAsTgzfsjt5n1FA
Statutory body using public money to indulge in frivolous litigation. Karnataka High Court imposes cost of Rs. 5 lakhs on the Bangalore Development Authority.
https://www.dakshalegal.com/judgements/actionView/sEp8AlnggOxhUJq7Lifwdbq5f
POCSO Act. Special Judge has no power to reduce minimum sentence of seven years for the penetrative sexual assault punishable under Section 4. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/elCK4hqctbj6MbVNFhrL0iCXP
Acceptance of ‘B’ report by the Magistrate cannot be reversed by the District Judge in revision without issuing notice to the defacto complainant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xIrHntA9nSiv3dPw9oHHu0JER
Protection of Women from Domestic Violence Act. Husband cannot be forced to keep both first and second wives in the same house. Karnataka High Court modifies trial court order.
https://www.dakshalegal.com/judgements/actionView/WQOdfRT8KGZGFXry16SwHc5TO
Wills. Attesting witness is not just a ritualistic signer of a document. He is a key player in putting the plan of action of the testator into reality after the death of testator. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6BlQsiwwg8tLsEq1rOkx6Hqie
Being physically handicapped by itself is not a favourable factor in considering the bail application of the accused when the gravity of the offence is serious in nature. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MnRIcmtnBlKPmIPV0iuYhe54x
POCSO Act. Undertaking by the accused that he would marry the victim girl if released on bail cannot be countenanced either to grant bail or to quash the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nJaPDrJxKoa32QsiLCDObz9SL
Initiation of criminal proceedings under the Karnataka Protection of Interest of Deposits in Financial Establishment Act against director of a company without preliminary enquiry is illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rYHN5JxyE29862S5lJi6rJRbd
Insecticide Act. Non impleading the company who manufactured the pesticides vitiates criminal prosecution. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u122zBeefiwhpnTrOzStEa55K
Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ENAznsletM4XsJCFUn8yL6WOY
Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Cpth124GZBcGSETM7yfE9Jt4L
Second marriage by Muslim woman without divorcing the first husband is ‘Batil’ and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oGwTSmwxmoxdEUi8jyNymxLZT
Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AMm8ul2EFzBVjRoZ8e82VqtrD
Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2RFmZaDGzGNpSRE9kkdYmTMLV
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN
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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