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Agastyar Trust Vs. Commissioner and Secretary to Government Revenue De ...

Court : Supreme Court of India

Reported in : AIR2005SC1824; 2005(2)CTC215; JT2005(3)SC236; (2005)3MLJ133(SC); (2005)3SCC516

..... 2625, revenue dated 27.12.1976 for the grant of exemption under section 27(1) of the act in respect of the vacant lands and the lands on which buildings have been constructed from which the charities, philanthropic and educational institutions derive income which is being used solely for the objectives of and purposes of such institutions but subject to the conditions that such concessions will be granted on specific application to ..... the government have constituted an 'empowered committee' for the purpose of examining and making recommendations to the government regarding cases eligible for the above ..... revenue, dated 29-10-1983, have also prescribed certain norms and conditions for grant of exemption under section 27(1) of the act. ..... 1834 revenue dated 29.10.1983 as submitted as an alternative prayer by the appellant's counsel during the course of his ..... 461, revenue dated 17.8.1983 felt that the existing norms for grant of exemption from urban land tax needed some revision, since in the existing norms there is no ceiling regarding the expenses on establishment to be deducted out of the income in respect ..... 1834(rev) dated 29.10.1983 was already in existence when the authorities considered the application on 4.10.1988 for claim for exemption and rejected the same by a detailed order. ..... 1834(rev) dated 29.10.1983 and rejected the claim for exemption made by the appellant. g.o. ..... 1834(rev) dated 29.10.1983 was not brought to the notice of the learned single judge while disposing of writ .....

Joseph Sriharsha and Mary Indraja Educat Vs. the State of A.P. Rep. by ...

Court : Andhra Pradesh

..... educational institutions (regulation of admission and the prohibition of capitation fee) act, 1983, (for short, 'the capitation fee act') which empowers the 1st respondent to regulate admissions into educational ..... the institutions that are approved by all india council for technical education and permitted to fill nri seats not exceeding 5% of the sanctioned intake in each course for the academic year shall admit nri candidates (sons and daughters of nris) who have passed the qualifying examination with not less than 50% marks in the prescribed group subjects or 50% aggregate marks in the qualifying examination or cumulative grade point average (cgpa) equivalent to 5 ..... exceeding 15% of the sanctioned intake in each course) shall be filled on merit basis with nri / nri sponsored candidates who have passed the qualifying examination with not less than 50% of in the prescribed group subjects or cumulative grade point average (cgpa) equivalent to 5 on a scale of 10 ..... form collected from such nris, should be utilised for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidised payment of their fee. ..... section 3(1) provides that such admissions shall be subject to such rules as may be made in this behalf and shall be made either on the basis of the marks obtained in the qualifying examination or on the basis of the ranking assigned in the entrance test conducted by such authority and in .....

Hamdard Laboratories India and Another Vs. Assistant Director of Incom ...

Court : Delhi

..... of public charity which satisfy the following two cumulative tests: (a) they must be objects of public charity for the benefit of all persons irrespective of caste, colour or creed such as relief of the poor, education, medical relief and the advancement of any other object of general public utility not involving the carrying on of any activity for profit; and (b) they must be consistent with the principles of the true teachings ..... charity, which satisfy the following two cumulative tests: (a) they must be objects of public charity for the benefit of all persons irrespective of caste, colour or creed, such as relief of the poor, education, medical relief and the advancement of any other object of general public utility not involving the carrying on of any activity of profit, and (b) they must be consistent with the principles of the true teachings of ..... the revenue sought clarifications from hamdard and upon an examination of the objects, activities and financial records, renewed the exemption under section 10(23c)(iv) of the act on 28.12.2007, with effect from ay 2004-2005, subject to certain conditions stipulated ..... the trust was entitled to exemption under section 11 for three different periods: (a) ay 1979-80 to ay 1983-84, in light of section 13(1)(bb) of the act; (b) ay 1984-84 to ay 1991-92, in light of section 11(4a) of the act as originally enacted; (c) ay 1992-93 onwards in light of amended section 11(4a) (which continues to apply till date ..... 1983] ..... charity trust [1983] 139 itr 913 .....

M.P. Agricultural Corpn. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1994)49ITD679(Nag.)

..... during the regular assessment proceedings, the assessing officer while examining the expenditure incurred by the assessee on providing educational facilities to shri vijay, came to the conclusion that the entire expenditure including the salary, expenses for the years were hit by the provisions of section 40a(2) of the act. ..... he held that the so-called agreement with shri vijay muthey was only a colorable device to justify the payment of his educational expenses and salary to him.it is further notable that it is not this ground which has been relied upon by the assessing officer for making the disallowance. ..... as per the said agreement, all expenses in connection with the educational facilities including examinations were to be met by the employer. ..... 29,654 incurred on her training abroad on the ground that it was incurred on account of her relations with the directors; that similar facilities of education were available in india; that the paper was in marathi and her proficiency was in other foreign languages. ..... 1,200 per month to shri vijay under section 40a(2) of the act for the assessment year 1983-84. ..... the assessment for the assessment year 1983-84 has been completed and no addition has been made on the said account. ..... it is notable that for the assessment year 1983-84, the assessing officer allowed the deduction of salary paid to shri vijay muthey. ..... first ito [1983] 5 itd 349 (bom.). .....

Shaik Khadervali and ors. Vs. Regional Admission Committee, 1995-96, R ...

Court : Andhra Pradesh

Reported in : 1996(1)ALT807

..... education (rules) department, dated 26-2-1990 framed in exercise of the rule making power under sections 3 and 4 read with section 15 of andhra pradesh educational institutions (regulations of admissions and prohibition of capitation fees) act, 1983 ..... under section 3 of the above act, admission to educational institutions shall be made either on the basis of the marks obtained in the qualifying examination or on the basis of the ranking ..... rule 4(3)(b) of the rules prescribing the minimum marks to be obtained in the intermediate examination as 45% in open category and 40% in sc & st category in addition to ranking in the entrance test is ultra vires the section 3 of the above act as any rule which is beyond the scope of the statutory provision or contrary to the same, cannot ..... venkatramudu, the learned counsel for the petitioners, submits that this dual imposition of securing 45% in intermediate examination and also 35% of marks in the entrance examination is illegal and arbitrary and cites a case decided by this court dealing with the same statute and the ..... cases, the petitioners did not secure 45% marks in the intermediate examination, but were allowed to write entrance examination and in the entrance examination, they obtained higher rankings than other persons to whom admissions were ..... the learned government pleader require that a candidate should secure 45% of the marks in aggregate in the qualifying examination in the open category and 40% for scheduled castes and scheduled tribes. .....

Registered Unaided Private Schools Management Association Karnataka Vs ...

Court : Karnataka

..... )/3/2022, circular dated 13.12.2022 bearing no.e- 9951/dsert/evg/5,8 tha.va.pa.moulyankana/2022-23 and circular dated 04.01.2023 bearing no.dpi-cpiosats (e-)/6/2022-sats respectively, as being violative of the mandatory procedure prescribed under section 145 of the karnataka education act, 1983 (for short the act ), sections 16, 30 and 38(4) of the right of children to free and compulsory education act, 2009 (for short the rte act) and for other legal infirmities urged in the pleadings and the grounds of the writ petitions.-. ..... he draws a distinction that under section 16(1) of the rte act, the act contemplates conducting of regular examination in the 5th and 8th standard at the end of every academic year, whereas, section 30 of the rte act contemplates board examination, which in specific terms says that no child shall be required to pass any board examination till completion of elementary education .6. ..... it is also contended by learned counsel for petitioners that the circular categorically refers to a board examination conducted by the karnataka school examination and assessment board act, 1966 (for short kseab ) whereas section 16 of the rte act does not contemplate board examination and section 16(1) of the rte act expressly refers to regular examination , on the contrary, section 30 of the rte act says no child shall be required to pass any board examination. .....

Mrs. Rubabai Widow of Abdul-husseIn Mulla Mohomedally and ors. Vs. Mun ...

Court : Mumbai

Reported in : 1994(1)BomCR322

..... premises, the respondents are directed to recalculate the amount due and payable by the petitioners to the respondents by way of general taxes, education and employment guarantee cess (by excluding the portion of the property rented out to the post and telegraph department from levy of education and employment guarantee cess for the period in question) and penalty, after giving credit to the petitioners for the amount already paid by ..... examine the contentions raised by both the sides, it is necessary to look at the relevant provisions of the maharashtra education and employment guarantee (cess) act ..... the respondents on the phrase 'lands and buildings' is to be accepted, then the charging section 6-b levies tax only on lands and buildings which are used entirely for non-residential purpose. ..... bills for property taxes including education cess and employment guarantee cess for the period 1-4-1983 to 31-3-1985 from the 1st ..... that in view of the fact that an excess amount had been collected in the past from them in respect of education and employment guarantee cess, they should not be charged any penalty in respect of non-payment of property taxes for the period 1-4-1983 to 31-3-1985. ..... if credit is given to the petitioners for the education and employment guarantee cesses mistakenly paid earlier by the petitioners for the period 1-4-1975 to 31-3-1983, which, according to the petitioners, amount to rs ..... the cess paid by them under these heads right from 1st april, 1975 up to 1st april, 1983. .....

National Institutes of Construction Management and Research (Nicmar) V ...

Court : Mumbai

Reported in : [1990]34ITD445(Mum)

..... the aforesaid decision of the honble supreme court also supports the assessees stand that it is nothing but an educational institution within the meaning of section 10(22) of the act and we would, therefore direct the ito to accept the assessees claim in this regard and modify the assessment ..... cit : [1983]139itr226(kar) , where in the high court had an occasion to consider the meaning of educational institution vis-a-vis section 2 (15) and section 8go of the act.as regards the membership/donation of the life/founder members, the learned counsel for the assessee submitted that the cit (a) was not justified in treating the same as income in view of ..... all these clearly show that the assessee is an educational institution within the meaning of section 10(22) of the act, the reported decisions relied on behalf on the assessee clearly support its ..... which the society is established are :(a) to enagage in activities for the promotion of education, training, research, professionalism and skill formation at all levels of the construction and other ..... us through his paper book containing the material already brought on record (partly reproduced above) and strongly urged that since the assessee was in face existed society for educational purposes and not for the purpose of profit, it should have been granted exemption u/s. ..... for the assessee, the assessees case is stronger, inasmuch as, it had conducted courses, imparted education, held examination and granted diploma in construction management. .....

State of Karnataka and ors. Vs. Basavaraj Nagoor and ors.

Court : Karnataka

Reported in : ILR2000KAR727; 2001(6)KarLJ584

..... , 1997, rule 2(1)(mm) was further amended by providing that a student who has been admitted directly to any standard other than the first standard in accordance with the provisions of the compulsory primary education act, 1961 and has studied upto qualifying examination or upto the 10th standard, as the case may be, in a school situated in an area or towns other than the areas or towns specified in the schedule shall also be considered as ..... /towns specified in the schedule: provided that where a student who has been admitted directly to any standard other than the first standard in accordance with the provisions of the compulsory primary education act, 1961, and has studied upto qualifying examination or upto the 10th standard as the case may be in a school situated in an area or towns other than the areas or towns specified in the schedule shall also be considered as ..... with the affairs to the state of karnataka and to the secretarial staff of the houses of the karnataka state legislature and the conditions of service of officers and servants of the high court of karnataka, section 8 of the act empowers the state government to make rules by issuing notifications, and said rules have to be laid before the state legislature and rules as modified and affirmed by the state legislature shall come into force.6. ..... under karnataka education act, 1983, rules have been framed making them applicable uniformly to all the schools situated in the state irrespective of the fact whether the areas .....

Maheswar Prasad Tiwari Vs. Joint Director of Education, Gorakhpur and ...

Court : Allahabad

Reported in : 2000(2)AWC1052; (2000)2UPLBEC1191

..... the division bench had no occasion to examine section 18 of the act as it stands substituted by u. ..... field was occupied by intermediate education act, 1921. ..... matter was examined by the joint director of education 7th region. ..... section 16 (1) of the act as it stands amended upto date envisages that 'every appointment of a teacher, shall, on or after the date of commencement of the uttar pradesh secondary education services selection boards (amendment) act ..... appeal bench declined to interfere with the order passed by the learned single judge but disposed of the appeal with the direction that the regional deputy director of education will take note of the contention and dispose of the matter in accordance with law.3. ..... aggrieved against the order dated 15.2.1999 passed by the joint director of education, the appellant filed the writ petition which came to be dismissed vide judgment and order under challenge in ..... secondary education services commission rules, 1983 or those of the ..... secondary education service selection boards act, 1982 (in short 'the act'), read with provisions contained in the ..... secondary education service commission rules, 1995 (in short 'the rules) in respect of a 'vacancy' which is ultimately to be filled in by direct recruitment in accordance with the provisions of the act read with rule 14 of the ..... 1998 which was dismissed on the ground that the appellant-petitioner had an alternative remedy to approach theregional deputy director of education under clause 7 of the u. p. .....