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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: jammu and kashmir Year: 2000 Page 1 of about 9 results (0.027 seconds)

Jul 19 2000 (HC)

Ashok Kumar Vs. the Commissioner of Income Tax

Court : Jammu and Kashmir

Decided on : Jul-19-2000

Reported in : [2000]246ITR261(J& K)

..... section 37(1) of the 1961 act].'14. the legal position was summed up by the supreme court thus (at p. 242):'.[t] he general view expressed by commentators on hindu law as well as in decided cases is that the karta of a family can be paid remuneration for carrying on family business, provided it is under some agreement. there seems ..... high court was called upon to decide whether the income-tax officer can challenge the validity of an alienation by the karta of a hindu undivided family. the high court held that under the hindu law, the karta of a hindu undivided family has an unfettered right to alienate the joint family property for legal necessity and for the benefit of the estate or ..... void. the karta of a hindu undivided family has power and authority to alienate the joint family ..... deduction as a business expenditure in computing the income of the hindu undivided family?7. so far as the validity of alienation by the karta or manager of a hindu undivided family or a joint hindu family is concerned, law is well- settled that an alienation by the karta or the manager of joint hindu family, even if without legal necessity, is voidable and not .....

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Jul 19 2000 (HC)

Ashok Kumar Vs. Commissioner of Income Tax

Court : Jammu and Kashmir

Decided on : Jul-19-2000

Reported in : [2001]246ITR261(J& K)

..... (corresponding to section 37(1) of the 1961 act).'the legal position was summed up by the supreme court thus (at page 242) :'the general view expressed by commentators on hindu law as well as in decided cases is that even the karta of a family can be paid remuneration for carrying on family business, provided it is under some agreement. there ..... high court was called upon to decide whether the income tax officer can challenge the validity of an alienation by the karta of a hindu undivided family. the high court held that under hindu law, the karta of a hindu undivided family has an unfettered right to alienate the joint family property for legal necessity and for the benefit of the estate or the ..... void. the karta of a hindu undivided family has power and authority to alienate the joint family ..... deduction as a business expenditure in computing the income of the hindu undivided family ?so far as the validity of alienation by the karta or manager of a hindu undivided family or a joint hindu family is concerned, the law is well-settled that an alienation by the karta or the manager of joint hindu family, even if without legal necessity, is voidable and not .....

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Oct 20 2000 (HC)

Bashir Ahmad Vs. Ghulam Mohammad Sheikh and ors.

Court : Jammu and Kashmir

Decided on : Oct-20-2000

Reported in : AIR2001J& K32

..... shall not weigh with the court below at the time of hearing and disposal of the suit which shall have to be dealt with in accordance with law. for the aforesaid conclusion, the contentious issues taken by the lc for the respondents need not be considered. 9. after announcing the judgment, the lc ..... powers. the argument needs to be appreciated in the light of mandate of order xxxix rule 1(b) cpc. in terms of the said provision of law, the court has not only the power to grant a temporary injunction but power also flows to it to make such other order for the purposes ..... caution the plaintiff ought to have produced the original record yet nothing prevents him to refute the averments and to produce the evidence in accordance with the law but at the same lime prima facie finding has to be recorded by the court on the material available. since it was at an interlocutory stage ..... to elect or get elected. it is, therefore unjust. in these circumstances the court has to play its role in upholding the rule of law, justice and democratic values, as otherwise the disorder appears evident and to operate the institution the element of public benefit has been correctly taken into account ..... applying the law depending upon the situation. the trial court has evolved a mechanism of its own for control of the undertaking and admittedly without hearing the parties .....

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May 12 2000 (HC)

Parshotam Lal and ors. Vs. State

Court : Jammu and Kashmir

Decided on : May-12-2000

Reported in : 2001CriLJ3378

..... the exclusionary rule may apply is one in which there is a quest for, a looking for, or a seeking out of that which offends against the law by law enforcement personnel or their agents. vargas v. state tax cr. app 542 s.w. 2d 151, 153.36. again as observed in kalesmatunila v. state ..... well render nugatory the purpose underlying section 293 of the code and inordinarily delay the conclusion of criminal trial, which, it is the policy of the law, to conclude expeditiously. viewed from any angle, it seems to follow the section 293 of the code renders admissible the report of the chemical examiner ..... as contemplated by section 42 of the act then the requirement of section 50 are not attracted.28. in the light of the above position of law, the appeal of darshan singh, appellant first be examined.29. accused/appellant darshan singh's house was searched in pursuance of information which was ..... (1) of section 50, may render the recovery of the contraband suspect and the conviction and sentence of an accused bad and unsustainable in law.7. that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in section 50 of ..... cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search operations and may also undermine respect for the law and may have the effect of unconscionably compromising the administration of justice. that cannot be permitted. an accused is entitled to a fair trial. .....

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May 15 2000 (HC)

Nazir Ahmad Bhat Vs. Mst. Jawahira

Court : Jammu and Kashmir

Decided on : May-15-2000

Reported in : 2001CriLJ588

..... the child is with her father who is the natural guardian. that such custody cannot be said as wrongful confinement. the magistrate has abused the process of law by depriving the natural guardian to keep the child with him.3. heard the arguments.4. the learned counsel appearing for the petitioner has contended that under section ..... is not such a confinement which amounts of an offence. the issuance of search warrant and production of child in the court is abuse of the process of law. in order to buttress his contention, the learned counsel has cited the case of vinod gandotra v. geeta gandotra, 1999 klj 326. the learned counsel has ..... trauma to the respondent who is unable to give her breast feeding.5. the controversy of the case in short is whether the confinement of the child is lawful or the confinement amounts to an offence. admittedly, the minor child was seven months old at the time when she was taken out from the custody of ..... could not be said to be under illegal confinement. the facts of the present case in hand are different as the confinement has amounted to an offence. the law cited at the bar is thus of no help for the petitioner.8. in view of the discussion made above, it is found that there is no ..... open court for her custody. this order shall have no effect for determining the legal custody of the child under the personal or general law and is only confined to the provisions of section 100, cr.p.c.10. copy of the order be sent to forest magistrate for information.

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Nov 17 2000 (HC)

Assad Sofi and ors. Vs. State of Jammu and Kashmir

Court : Jammu and Kashmir

Decided on : Nov-17-2000

Reported in : 2001CriLJ1938

..... just before mounting the attack. it can also be developed at the spur of the moment but there must be a prearrngement or premediated concert. this being the requirement of law for applicability of section 34 ipc, from the mere fact that accused ram pravesh yadav and rarnanand yadav came and caught hold of tapeshwar, whereafter samundar yadav and sheo layak .....

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Jul 26 2000 (HC)

Riaz Construction Co. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Jul-26-2000

Reported in : AIR2001J& K7

..... be in position to bring more traffic of air india and other domestic airlines.11. after considering the respective contentions of the counsel for the parties and perusing the relevant law having bearing on the controversy it is held that respondent no. 2 has not acted with any arbitrariness, unfairness, or in an irrational manner when the tender of the petitioner ..... and refusal of any tender pertains to policy matter, but when decision/action is visited by arbitrariness,, unfairness, illegality or irrationality it becomes open to challenge in a court of law.9. the counsel has further contended that court can lift the veil in order to see the purpose why such conditions have been imposed and only inference which can be .....

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Jul 15 2000 (HC)

Mohammad Shafi Shah and ors. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Decided on : Jul-15-2000

Reported in : 2001CriLJ580

..... ) suggested assertions of 'harassment', 'humiliation', 'character assassination' of respondents. merely because some documents relevant to the accused are omitted from consideration by investigating agency, malice in law cannot be inferred. mere assertion or bald statements of mala fides unsupported on record is not sufficient failure of investigating officer to exercise some statutory powers cannot be a ground ..... report as also record unequivocally speak of spot inspections, physical verification and local investigation of the cases besides examination of record and taking other investigative steps required under law. writ petitioners have not placed any material on record to show that the police officer did not proceed to the spot to investigate the facts and circumstances of ..... at the stage of investigation of offences....16. right to life and personal liberty as enshrined in article 21 of the constitution is subject to procedure established by law and the constitution. a citizen can be deprived of personal liberty as per procedure prescribed/established by code and evidence act. the investigator has statutory powers to ..... the claim of biased/motivated investigation putforth by appellants is answered as without any basis. the sanction accorded to prosecute the accused/appellants has been in accordance with law and the sanction is found accorded on application of mind and on consideration by the competent authority of the whole fact-situation and in entirety of circumstances of .....

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Aug 10 2000 (HC)

M.M. Khajuria Vs. Abdul Rashid

Court : Jammu and Kashmir

Decided on : Aug-10-2000

Reported in : AIR2001J& K10

..... while dismissing the application of the petitioner in terms of the impugned order, the trial court failed to exercise jurisdiction which was vested in it under law. the judge should have gone behind the decree to declare it as nullity because it was passed while lacking inherent jurisdiction. hence, revision petition ..... irregular course adopted in the proceeding cannot go unnoticed. a mason and a millionaire are required to be treated equally before the eye of law and this equality doctrine finds itself as a fundamental right recognized under the constitution. the respondent at that time was working at the lowest ..... days was trying to spread its ugly tentacles in the police force. this is a legal presumption that official acts are done in accordance with law and rules unless proved otherwise. the direction in question could become actionable on the basis of strict strong proof which required to be discharged with ..... there is proviso added to this rule which says that nothing shall apply to non-joinder of a necessary party. after citing these provisions of law, the counsel contends that non-arraignment of a necessary party does not save the proceedings including decree passed there under because the importance of necessary ..... of j & k was a necessary party or not. the finding of the trial court that issue has not been proved is contrary to law and consequently decree passed is a nullity.12. in revision petition no. 69/97 it is pleaded that the impugned order suffers from illegality because .....

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