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M. Janakiramaiah Vs. Government of A.P. and ors.
Andhra Pradesh
Sep-30-1997
Service
Pension Act, 1871 - Sections 11; Andhra Pradesh Revised Pension Rules, 1980 - Rule 9; Code of Civil Procedure (CPC), 1908 - Sections 60; Constitution of India - Articles 19(5), 31(1), 199(1) and 226; Revenue Recovery Act, 1890; Civil Services Regulations - Regulation 351-A
1998(2)ALD319
the terminal benefits can be proceeded against for the purpose of recovery of any dues.Section 11 of the Pensions Act, 1871 is extracted below: '11. Exemption of pension from attachment'.- No pension granted or continued by Government on political
Tag this Judgment! AI Brief & AskT. Sakuntala Vs. B. Satya Murthy and Another
Andhra Pradesh
Oct-13-1998
CivilService
Code of Civil Procedure (CPC), 1908 - Sections 60; Pensions Act, 1871 - Sections 11; Civil Pensions (Commutation) Rules - Rule 6(2)
1999(2)ALD2; 1998(6)ALT829
High Court of Madras, (supra), I find that the High Court of Madras interpreting Section 11 of the Pensions Act, 1871, held that even the commuted pension cannot be attached in pursuance of an execution of a decree. I
Tag this Judgment! AI Brief & AskLalit Kumar (Retd.)(ic-23972 Lt. Col.) Vs. Union of India and ors.
Delhi
Aug-16-1999
Service
Code of Civil Procedure (CPC), 1908 - Sections 60; Pension Act, 1871 - Sections 11
1999VAD(Delhi)640; 81(1999)DLT496
no recovery can be made from pension in view of the provisions of Section 11 of the Pension Act, 1871 and Section 60(i)(g) of the Civil Procedure Code, 1908. He also contended that before making an order of … Petitioner, who appears in person, has filed this writ petition challenging recoveries sought to be made from his pension. It is the case of the petitioner that after serving for nearly 32 years in the regular army
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
C.K. Razdan Vs. Municipal Corporation of Delhi
Delhi
Feb-27-1997
Service
Code of Civil Procedure (CPC), 1908 - Sections 60; Pension Act, 1871 - Sections 11
1997IIAD(Delhi)913; 66(1997)DLT471; (1997)ILLJ1057Del; 1997(2)SLJ192(Delhi)
deducted from the pension. Learned Counsel for the petitioner has placed reliance on Section 11 of the Pension Act, 1871 which reads as under: 'SECTION 11. Exemption of Pension from Attachment:-No pension granted or continued by Government on … notified in the Official Gazette by (the Central Government or the State Government) in this behalf and political pensions;(7) The interpretation of Section 11 is clear that the amount cannot be recovered from the pension of the
Tag this Judgment! AI Brief & AskBankey Behari Lal Vs. Lala Babu, Raja Babu and anr.
Allahabad
Sep-14-1954
Civil
Evidence Act, 1872 - Sections 101 to 103; Pensions Act, 1871 - Sections 4, 11 and 12; Crown Grants Act, 1895 - Sections 2
AIR1955All1
and facts mentioned in judgments could not be used. (ii) Pension - Sections 4, 11 and 12 of Pensions Act, 1871 - meaning of word 'pension' - applicability of sections on grant of land revenue - held the sections … time came into the possession of the British Government, the question has been raised whether it comes under Section 11, Pensions Act (23 of 1871). The plaintiff and his predecessors have all along been entered in village papers
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Wing Commander R.R. Hingorani (Retd. ...
Supreme Court of India
Jan-30-1987
Property
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
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
Tag this Judgment! AI Brief & AskB.K. Dhingra and ors. Vs. Union of India (Uoi) and ors.
Punjab and Haryana
Nov-14-2005
Service
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)
[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
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. Sukhbir Saran Agarwal and ors.
Delhi
Mar-16-2002
Service
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)
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
Tag this Judgment! AI Brief & AskCapt. Vatsa Vs. Miss. Namrata Vatsa and anr.
Jammu and Kashmir
Dec-30-1997
Family
Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960 - Section 20; ;Pensions Act, 1871 - Section 11
AIR1998J& K70
trust of the arguments of the learned counsel for the petitioner is that under Section 11 of the Pensions Act, 1871, there is exemption of pension from attachment and the executing Court has acted illegally when the amount of
Tag this Judgment! AI Brief & AskSmt. Vasanthi Devi Vs. Vijaya Bank, Ashok Nagar Branch, Mangalore
Karnataka
Jan-01-1997
Labour and Industrial
Pension Act, 1871 - Sections 11; Code of Civil Procedure (CPC), 1908 - Sections 60(1)
ILR1997KAR738; 1997(2)KarLJ331; (1997)IILLJ1004Kant
was respondent in 5 Execution Case No. 489 of 1989, that by reason of Section 11 of the Pensions Act, 1871 (the 'Act' for short) the said pension amount was not liable to attachment in law. 4. The learned
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