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Union of India (Uoi) and anr. Vs. Sandhya Devi and ors.

Court : Jammu and Kashmir

Subject : Service

Reported in : 2008(2)JKJ686

the Civil Court shall always be subject to the procedure prescribed for filing of such suits in the Pensions Act, 1871. Section 6 of the Pensions Act specifically provides for filing of such suits in the Civil Courts but only … of learned District Judge, Kathua, dismissing Union of India's appeal against decree and judgment dated 20th of December, 1999 of Learned Sub Judge, Kathua decreeing respondents' suit No. 22/Civil holding their predecessor-in-interest Late Prabhat Singh, entitled to

Union of India Vs. I.M. Lal and anr.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 314; Civil Service Regulations - Regulation 561; Compulsory Retirement Rules, 1937; Foreign Exchange Regulation Act, 1947 - Sections 4; Pension Act, 1871 - Sections 4; Specific Relief Act, 1963 - Sections 56

Reported in : ILR1972Delhi601

of the Constitution, it would be seen that it was not enforceable. Firstly, under section 4 of the Pensions' Act, 1871, no civil court could entertain a suit relating to any pension or grant of money conferred by the … V.S. Deshpande, J. (1) In these letters patent appeals (L.P.A. Nos. 27, 64, 65 and 66 of 1970) the main question is whether the retired members of the Indian Civil Service residing in India are entitled

Mumtaz HussaIn and ors. Vs. Babu Brahmanand

Court : Allahabad

Subject : Land Acquisition

Reported in : 162Ind.Cas.56

non-transferable; and (2) that the income must be regarded as a pension within the meaning of Section 1], Pensions Act (XXIII of 1871) and that the money in question is exempt under the provisions of Section 11 from

Union of India (Uoi) and anr. Vs. Wing Commander R.R. Hingorani (Retd. ...

Court : Supreme Court of India

Subject : Property

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 7(2); Public Premises (Eviction of Unauthorised Occupants) Rules, 1971 - Rule 8; Allotment of Government Premises (General Pool in Delhi) Rules, 1963

Reported in : AIR1987SC808; JT1987(1)SC290; (1987)IILLJ3SC; 1987(1)SCALE203; (1987)1SCC551; [1987]2SCR94; 1987(3)SLJ154(SC); 1987(1)LC390(SC)

from the commuted pension payable to him which, according to him, was contrary to Section 11 of the Pensions Act, 1871, by process of seizure and sequestration. The respondent complaints that despite his repeated requests, he was not given … This appeal by special leave directed, against the judgment and order of the Delhi High Court dated September 11, 1985 raises a question of frequent occurrence. The question is whether where a Government servant retains accommodation allotted

The Secretary of State for India Vs. Parashram Madhavrao

Court : Mumbai

Subject : Civil

Reported in : (1934)36BOMLR551

instituted within twelve years from that year was Well in time; ; (4) that, in View of the Pensions Act, 1871, Section 6, it was not open to the plaintiff to obtain an order for payment, and that the decree … Russell, J.1. In the year 1704 the Maharajah of Satara by sanad confirmed to an ancestor of the plaintiff the right in perpetuity to

Dwarkanath Amrit Deshpande Vs. Mahadev Balkrishna Deshpande

Court : Mumbai

Subject : Service

Reported in : (1912)14BOMLR938; 17Ind.Cas.661

a cash allowance paid annually from the Government treasury, falls within the purview of Section 4 of the Pensions Act, 1871, and is not maintainable in a civil Court without a certificate from the Collector.;Babaji Hart v. Rajaram Ballal … appellants-defend, ants in this appeal is that under Sections 4 and 6 of the Pensions Act XXIII of 1871 this suit does not lie without a certificate from the Collector. Admittedly such a certificate was refused on

B.K. Dhingra and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Service

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 4, 5, 7, 7(1), 7(2) and 7(3); Pension Act, 1871 - Sections 11; Supplementary Rules, 1922; Government Residence (General Pool in Delhi) Rules, 1963; Residences (General Pool in Chandigarh) Rules, 1969; Chandigarh Civil Services (Pension) Rules - Rules 71, 71(1), 71(2) and 72(1); Pension Rules - Rule 71 and 72; Oil and Natural Gas Commission (Death, Retirement and Terminal Gratuity) Rules - Rule 20; Oil and Natural Gas Commission (Death, Retirement and Terminal Gratuity) Regulations, 1969 - Regulation 5; Constitution of India - Articles 226, 227, 300A and 366(17)

Reported in : [2006(109)FLR981]; (2006)142PLR242

market rent.7. However, having held as above, the Supreme Court considered the impact of Section 11 of the Pensions Act, 1871. The aforesaid Section reads as follows:11. Exemption of pension from attachment:-No pension granted or continued by Government on … service they had been allotted government quarters in Sector 7, Chandigarh. These allotments were made between the years 1975 to 1986 from the General Pool Residential Accommodation (GPRA). In the year 1992, Central Public Works Department constructed

B. Agnis Marry Vs. Kanaparthi Jamima Raja Kumari and anr.

Court : Andhra Pradesh

Subject : Service

Acts : Pensions Act, 1871; Payment of Gratuity Act, 1972 - Sections 5, 6, 6(3), 11, 13, 14, 38, 38(1) to 38(4), 38(5), 39 and 39(4); Indian Succession Act; Transfer of Property Act; Christian Marriage Act; Hindu Succession Act; Code of Civil Procedure (CPC) - Sections 60 and 60(1); Christian Law; Constitution of India - Article 309; Andhra Pradesh Revised Pension Rules, 1980 - Rules 45, 46, 46(5), 47, 47(1) and 49; Family Pension Rules, 1964; Employees' Pension Regulation - Regulations 28 and 44; Employees General Provident Fund Regulations

Reported in : 2007(3)ALD508; 2007(3)ALT388; [2007(114)FLR1053]

would also submit that no distinction can be drawn between pension and gratuity payable by virtue of the Pensions Act, 1871 and the Payment of Gratuity Act, 1972 and the Rules framed thereunder. The principles applicable to the pension … over the A.P. Revised Pension Rules, 1980. The learned Counsel also had drawn attention of this Court to Section 60(1)(g) of the Code of Civil Procedure and had explained the facts and circumstances, which led the deceased

Union of India (Uoi) and ors. Vs. Sukhbir Saran Agarwal and ors.

Court : Delhi

Subject : Service

Acts : Railway Services (Pension) Rule, 1993 - Rules 15(1), 15(2), 15(3) and 15(4); Constitution of India - Articles 142, 226 and 309; Pensions Act, 1871 - Sections 11 and 12; Central Civil Services (Pension) Rules, 1972 - Rule 9, 9(1) and 9(2)

Reported in : 100(2002)DLT361; 2003(3)SLJ359(Delhi)

person drawing pension enjoys statutory protection having regard to the provisions of Sections 11 and 12 of the Pensions Act, 1871. 13. The aforesaid direction, thereforee, must be held to have been issued having regard to the peculiar facts … the pensionary benefits inasmuch as the person drawing pension enjoys statutory protection having regard to the provisions of Sections 11 and 12 of the Pensions Act, 1871. 13. The aforesaid direction, thereforee, must be held to have … Tribunal, Principal Bench (hereinafter referred to as 'the Tribunal') in O.A. No. 1947 of 1999 whereby and whereunder an original application filed by the respondent

Vinayak Shripatrao Patwardhan Vs. State of Bombay

Court : Mumbai

Subject : Constitution

Acts : States Merger (Governor's Provinces) Order, 1949; Constitution of India - Article 300 and 300(2); Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 22, Rule 10; Indian Limitation Act, 1908 - Schedule - Articles 62, 69, 89 and 120; Bombay Revenue Jurisdiction Act, 1876 - Sections 4 and 4(1); Indian Pensions Act, 1871 - Sections 4; Indian Trusts Act, 1882 - Sections 94; Indian Independence Act - Sections 7(1); ;Extra Provincial Jurisdiction Act, 1947 - Sections 3, 3(1), 3(2), 4, 4(1) and 4(2); Government of India Act, 1935; Municipal Law; Administration of Deccan States Order, 1948; Administration of the Indian States Order, 1948; ;States Reorganization Act

Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101

Act, 1876. 2. That the suit of the plaintiff was also barred under Section 4 of the Indian Pensions Act, 1871. 3. That the plaintiff's suit was barred by limitation. The cause of action for rendition of account arose … Naik, J. 1. The suit giving rise to this appeal was filed by the plaintiff originally against Miraj State for the