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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: kerala Year: 2000 Page 1 of about 37 results (0.026 seconds)

Mar 10 2000 (HC)

Commissioner of Wealth-tax Vs. P. Gopinatha Pillai

Court : Kerala

Decided on : Mar-10-2000

Reported in : [2000]244ITR747(Ker)

..... the position shall be different when the question is the method of valuation vis-a-vis manner of valuation. according to him, the manner of valuation involves a question of law. attractive though the submission is, it is without substance. both are conceptually similar. 'method' means a procedure or process for achieving an end ; an orderly arrangement ; manner of performance. 'manner ..... of. since, the commissioner of wealth-tax (appeals) and the tribunal have adopted a method which cannot be said to be unreasonable or irrational, in our view, no question of law arises. the question about the valuation of a particular property is a question of fact. the determination of the question of valuation, as in the case at hand depends upon ..... counsel for the assessee, on the other hand, supported the order submitting that the method adopted cannot be said to be irrational, and the conclusions being factual, no question of law arises.8. valuation of an asset cannot be an exact science. mathematical calculation and precision is impracticable. the money value attributable to the asset is to be decided and estimated ..... circumstances of the case, the tribunal was justified in confirming the valuation adopted by the commissioner of income-tax (appeals). is the valuation so adopted valid or in accordance with law ?'2. the factual position in a nutshell is as follows : the assessee is an individual owning immovable properties of extensive area. for the assessment year 1982-83, corresponding to the .....

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Apr 04 2000 (HC)

Rajan Vs. State of Kerala

Court : Kerala

Decided on : Apr-04-2000

Reported in : 2000CriLJ3531

..... consistent with innocence of accused must be ruled out.15. in c. k. raveendran v. state of kerala (2000 (1) scc 225): (2000 cri lj 497), apex court held that law relating to circumstantial evidence requires that the prosecution must prove each of the circumstances, having a definite tendency pointing towards the guilt of the accused and though each of the ..... be adopted. this principle has a special relevance in cases where the guilt of the accused is sought to be established by circumstantial evidence.10. it is settled principle of law that the circumstances relied upon by the prosecution must be fully established and the chain of evidence furnished by those circumstances should be fully complete so as not to leave ..... consistent with the innocence of the accused and it must be such as to show that within all human probability, the act must have been done by the accused.7. law regarding the nature and character of proof of circumstantial evidence has been stated by apex court in several cases,including the decision in hanumant govind nargundkar v. state of madhya .....

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Mar 22 2000 (HC)

Babu and anr. Vs. State of Kerala

Court : Kerala

Decided on : Mar-22-2000

Reported in : 2000CriLJ3199

..... be adopted. this principle has a special relevance in cases where the guilt of the accused is sought to be established by circumstantial evidence.9. it is settled principle of law that the circumstances relied upon by the prosecution must be fully established and the chain of evidence furnished by those circumstances should be fully complete so as not to leave ..... , they can be conclusive about the guilt of accused persons. learned counsel for state, on the other hand, submitted that the accused were rightly convicted based on the circumstances.6. law regarding the nature and character of proof of circumstantial evidence has been stated by apex court in several cases, including the decision in hanumant govind nargundkar v. state of madhya ..... her grandmother. since deceased did not return to her house as scheduled, pw 1 set out in search of her. on way to his mother in law's house, he met his father in law and enquired about his daughter and when he got the information that the deceased had not reached her grandmother's house, naturally he went to the school .....

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Dec 21 2000 (HC)

M.E. Abdul Rahiman Vs. Deputy Tahsildar, Kerala State Financial Enterp ...

Court : Kerala

Decided on : Dec-21-2000

Reported in : [2001]107CompCas306(Ker)

..... all accessorial obligations. it is primary and direct and a plea that the creditor has to make a demand from him as a last resort may not be sustainable in law. in a commercial transaction, the liability of a surety is totally different from the responsibility as undertaken to be discharged by a guarantor, or insurer. 7. it could generally be .....

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Feb 14 2000 (HC)

Omanakuttan Alias Biju and Binu T. and Etc. Vs. State of Kerala

Court : Kerala

Decided on : Feb-14-2000

Reported in : 2000CriLJ4893

..... were not true. deliberate and voluntary confessions of guilt, if clearly proved, are among the most effectual 2000 cri. l. j. (suppl.)/307 proofs in law. an involuntary confession is one which is not the result of the free will of the maker of it. so, where the statement is made as a ..... whether or not the confession was voluntary would depend upon the facts and circumstances of each case, judged in the light of section 24. the law is clear that a confession cannot be used against an accused person unless the court is satisfied that it was voluntary and at that stage the ..... from suspicion to certitude and care must be taken to avoid subjective pitfalls of exaggerating a conjecture into a conviction.7. it is settled principle of law that the circumstances relied upon by the prosecution must be fully established and the chain of evidence furnished by those circumstances should be fully complete so ..... of the accused is sought to be established by circumstantial evidence. baron alderson stated the following to the jury in reg. v. hedge (1838) 2 law 227 :the mind was apt to take a pleasure in adopting circumstances to one another, and even in straining them a little, if need be, to ..... the facts of the case, it is to be noted that there was no eye-witness and the entire case was built up on circumstantial evidence. law relating to circumstantial evidence has been elaborately dealt with by apex court in several cases.5. in cases where evidence is of circumstantial nature, the circumstances .....

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Dec 04 2000 (HC)

Kunhavulla Vs. Radha Amma

Court : Kerala

Decided on : Dec-04-2000

Reported in : I(2001)DMC549

..... and judgment defendants 1 to 6 and 8 to 17 filed this appeal.3. the question of law involved in this case for the purpose of this appeal is this.whether the lower appellate court is correct in law in applying s. 16 of the hindu marriage act to award share to the second plaintiff on the pleadings and evidence in the case ..... of the wife of deceased kunjiraman nambiar. but the 2nd plaintiff who is the son born out of a void marriage is entitled to protection under s. 16 of the hindu marriage act. the apex court in kalliani amma v. k. devi ((1996) 2 klt 42) held that such children are entitled to succeed to the assets of their putative father ..... of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencemeny of the marriage laws (amendment) act, 1976 and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to .....

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Mar 10 2000 (HC)

Deputy Commissioner of Income-tax (Assessment) Vs. Pala Marketing Co-o ...

Court : Kerala

Decided on : Mar-10-2000

Reported in : (2000)162CTR(Ker)31; [2000]243ITR499(Ker)

..... be meaningless to demand that the assessee must disclose what inferences--whether of facts or law--he would draw from the primary facts.16. the words used are 'omission or failure to disclose fully and truly all material facts necessary ..... to be drawn. it is not for somebody else--far less the assessee to tell the assessing authority what inferences, whether of facts or law should be drawn. indeed, when it is remembered that people often differ as regards what inferences should be drawn from given facts, it will ..... other evidence from which material evidence could with due diligence have been discovered by the assessing officer will not necessarily amount to disclosure contemplated by law. the duty of the assessee in any case does not extend beyond making a true and full disclosure of primary facts. once he has ..... is calcutta discount co. ltd. v. ito : [1961]41itr191(sc) . the following observations have become locus classicus as an exposition of the position in law (pages 200, 201) :'the words used are 'omission or failure to disclose fully and truly all material facts necessary for his assessment for that year'. ..... subsection.(2) the assessing officer shall, before issuing any notice under this section, record his reasons for doing so.'prior to the amendment by the direct tax laws (amendment) act, 1987, the words, 'income-tax officer' existed in place of 'assessing officer'. incidentally, sub-section (1) of section 149 which .....

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Mar 28 2000 (HC)

Mailadumpotty Janakiya Samrakshana Samithi and ors. Vs. Chungathara Gr ...

Court : Kerala

Decided on : Mar-28-2000

Reported in : AIR2000Ker288

..... public burial ground in the very same locality exlusively for hindus, including harijans and, therefore, there is no necessity for the present controversy by the hindu smashana samithi. as far as the christian and muslim communities are concerned, they have got burial grounds of their own attached to their religious places. ..... giving notice to all parties concerned and also to the parties to the writ petition and hear their objections and decide the matter in accordance with law within two months from the date of receipt of a copy of this judgment. till such time, the first respondent -- grama panchayat -- is ..... burial and burning ground in the place in question. the action of the panchayat in permitting burial in the disputed property is legally impermissible in law. though it is argued that the issue is politically motivated and the panchayat is playing in tune with the whims and fancies of certain ..... disputed property will create health hazards to the local inhabitants and have prohibited the use of the property as a burial ground. it is settled law that non-compliance of the provisions of the rules grounds of public order, morality and health have to be considered while establishing a burial ..... prevent the use of the abovesaid land as aburial ground. subsequently in 1992 again there was a move on the part of someone to create law and order problem in the locality raking up the issue of burial ground. some members of the abovesaid smasana committee filed a petition before the .....

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Apr 03 2000 (HC)

Victory Paper and Boards (India) Ltd. Vs. Revenue Divisional Officer, ...

Court : Kerala

Decided on : Apr-03-2000

Reported in : AIR2000Ker278

..... against the said judgment.4. learned counsel for the appellant submitted that the judgment of the learned single judge is on a misappreciation of the facts of the case and law in this regard and. therefore, is liable to be interfered with.5. our attention was drawn to section 3(1)(b) of the act. the entire section including explanation is ..... an opportunity to present their case. (3) a decision of the goverment under sub-section (2) shall be final and shall not be called in question in any court of law.' it is the case of the appellant that even though the assessing officer was appraised of the fact that the appellant is a factory, the assessing officer, without taking note ..... does not affect the judgment referred earlier. on that account, the conclusion arrived at by the learned single judge is erroneous in law.11. this apart, on a consideration of the entire facts and circumstances of the case and the law on the subject, we are of the opinion that the judgment reported in (1996) 1 ker lt 499 will govern the .....

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May 23 2000 (HC)

Mrs. Jolly Babu and ors. Vs. Chief Secretary, State of Kerala, Thiruva ...

Court : Kerala

Decided on : May-23-2000

Reported in : AIR2000Ker334

..... of the section to the plaintiffs herein. hence the impugned order is set aside and the revision is allowed. the court below will proceed with the suit in accordance with law.

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