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Allahabad Court September 2015 Judgments

Sep 23 2015

Rps Associates Vs. Director of Income-tax (Investigation)

Court: Allahabad

Decided on: Sep-23-2015

Tarun Agarwala, J. 1. The petitioner is a partnership firm and came into existence on 18th August, 2003 and, therefore, the first assessment year was 2004-05. The petitioner is engaged in the business of development of real estate. The principal place of business as indicated in the returns was situate at E-41, Ashok Vihar, Phase I, New Delhi. Subsequently, the office was shifted on 18th October, 2007 at A-193, Ist Floor, Okhla Industrial Area, Phase I, New Delhi. Due intimation was given to the income-tax authorities on 18th October, 2007 and acknowledgement was received by the petitioner on 14th November, 2007 through National Securities Depository Ltd. (NSDL) which is an agency outsourced by the income-tax authorities for the purpose of processing the pan cards, change of address, etc. 2. A search and seizure operation took place on 15th February, 2008 under Section 132(1) of the Act at the business premises of the petitioner's firm at A-193, Ist Floor, Okhla Industrial Area, Phase ...

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Sep 18 2015

Uma Shanker Singh and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-18-2015

Dr. D.Y. Chandrachud, C.J. This reference before the Full Bench has been occasioned by a referring order of a learned Single Judge dated 19 November 2010. The issues which have been referred to the Full Bench for resolution have been formulated thus: "(a) Whether the Government Order dated 10.12.2002 which provides for computation of distance of the institution concerned for the purpose of payment of house rent allowance from the original Nagarpalika, in the facts of the case Mirzapur, is binding between the parties; (b) Whether the Government Order dated 10.12.2002 is in violation of Article 14 and 16 of the Constitution of India; (c) Whether the judgment of the Division Bench holding that it is irrelevant from which Municipal Board the distance of the institution is less than 8 kilometers, lays down the correct position in law or not." In order to appreciate the issues which have been raised, a brief reference to the factual background would be necessary. There is an educational inst...

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Sep 15 2015

Ajeet Yadav and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-15-2015

The controversy which is involved in the special appeals turns upon the guidelines which were framed by the National Council for Teacher Education (NCTE) in regard to the Teacher Eligibility Test under the Right of Children to Free and Compulsory Education Act, 2009 (Act of 2009). By a notification dated 23 August 2010 issued in exercise of the provisions of Section 23 (1) of the Act of 2009, NCTE laid down the minimum qualifications for a person to be eligible for appointment as a teacher for classes 1 to 8. Among the qualifications which were prescribed, is a pass in the Teacher Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the guidelines framed by NCTE for the purpose. On 11 February 2011, NCTE circulated its guidelines to the State Governments. Insofar as is material, the guidelines made the following provision for qualifying marks in the TET: "Qualifying marks 9. A person who scores 60% or more in the TET exam will be considered as TET pas...

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