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Sep 14 1954

Bankey Behari Lal Vs. Lala Babu, Raja Babu and anr.

Court : Allahabad

Decided on : Sep-14-1954

Subject : Civil

Acts : Evidence Act, 1872 - Sections 101 to 103; Pensions Act, 1871 - Sections 4, 11 and 12; Crown Grants Act, 1895 - Sections 2

Reported in : 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 … was liable to pay land revenue to the plaintiff as grant of land revenue, was 'pension', and under Section 12 of the Pensions Act its transfer was void. The contention was accepted by the lower Courts, and the

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Nov 20 1935

Mumtaz HussaIn and ors. Vs. Babu Brahmanand

Court : Allahabad

Decided on : Nov-20-1935

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 … any demand against the alleged pensioner, or in satisfaction of a decree or order of any such Court. Section 12, Pensions Act, was further relied upon, and it was argued that the mortgages on which the present suits

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Mar 16 2002

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

Court : Delhi

Decided on : Mar-16-2002

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

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Oct 03 1960

Gangadharrao Narayanrao Majumdar Vs. the State of Bombay and anr.

Court : Supreme Court of India

Decided on : Oct-03-1960

Subject : Constitution

Acts : Bombay Personal Inams Abolition Act, 1953 - Sections 2, 4, 5, 7, 8, 10, 12 to 16, 17 and 17(5); Constitution of India - Articles 13, 14, 19, 31, 31-A and 31-A(2); Bombay Land Revenue Code, 1879 - Sections 3(3) and 53; Pensions Act, 1871

Reported in : AIR1961SC288; (1961)63BOMLR511; [1961]1SCR943

Revenue Code, 1879 (hereinafter called the Code), or in the records kept under the rules made under the Pensions Act, 1871. Thus so far religious or charitable institutions were concerned those inams which they held from the very beginning … 7 while s. 11 gives a right of appeal from the order of the Collector under s. 10 Section 12 to 16 deal with procedural matters and s. 17 provides for payment of compensation for extinction or modification

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Feb 25 1921

Mahfuz Hasan Vs. Mazhar Ali Khan

Court : Allahabad

Decided on : Feb-25-1921

Subject : Land Acquisition

Reported in : 62Ind.Cas.273

was not the pensioner and that the pension did not come within Sections 11 or 12 of the Pensions Act of 1871. An appeal was brought to this Court and decided by the High Court on the 13th … is said, by transfer by one Musammat Alemunnisa, who in her turn was succeeded by the present judgment-debtor. Section 12 of Act No. XXIII of 1871 makes all assignments and sales, inter alia, of all pensions mentioned in

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Mar 03 2008

Smt. Gurcharan Kaur Vs. the Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Mar-03-2008

Subject : Civil

Reported in : (2008)149PLR276

read with Section 151 C.P.C., on technical ground taking the stand that under Section 4 of the Pension Act, 1871, the Civil Court had no jurisdiction to try and decide the case. Resultantly, on 13.9.2004, Civil Judge (Senior … bodyguard of Netaji Subhash Chander Bose, in preference to strict application of the provisions of Swatantrata Sainik Sanman Pension, Scheme, 1972 extending grant of pension to such soldier. Smt. Gurcharan Kaur wife of Late Shri Surjan Singh … we are not inclined to grant him the pension with effect from 12.3.1973 as claimed and feel that the ends of justice would be met

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Jan 24 1922

Rai Bahadur Lala Harnam Das Vs. Musammat Faiyazi Beg Am and anr.

Court : Allahabad

Decided on : Jan-24-1922

Subject : Land Acquisition

Reported in : 65Ind.Cas.645

before us has to be decided with reference to the language of Sections 11 and 12 of the Pensions Act (Act XXIII of 1871).4. Section 11 lays down that no pension granted or continued by Government on political

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Mar 27 1930

Lakhmi Chand and ors. Vs. Madho Rao and ors.

Court : Allahabad

Decided on : Mar-27-1930

Subject : FamilyProperty

Reported in : AIR1930All681

the plaintiff was not barred by res judicata because a certificate was required from the Collector under the Pensions Act (Act 23 of 1871), and that certificate not having been granted, the decree in suit 18 of 1914 … that the assigned revenue is untransferable because it amounts to a pension, under Section 11, Pensions Act, and Section 12 lays down that pensions under Section 11 are not transferable. The question is: Does this assignment of the

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Jun 20 1939

In Re: Igustins Rohdirick

Court : Kolkata

Decided on : Jun-20-1939

Subject : Civil

Reported in : AIR1940Cal192

made over the papers to Jagannath is invalid and illegal because it was in contravention of Section 12, Pensions Act, 1871. Under Section 11 of that Act no pension granted by Government on account of past services, and no

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Nov 19 1968

State of Gujarat Vs. Dr. R.B. Chandrachud

Court : Supreme Court of India

Decided on : Nov-19-1968

Subject : Service

Acts : Baroda Land Revenue Code - Sections 148; Code of Civil Procedure (CPC), 1908 - Sections 60(1) and 80; ;Transfer of Property Act - Sections 6

Reported in : AIR1971SC846; (1969)1SCC300; [1969]2SCR755

of money granted by the Government in consideration or recognition of meritorious services. The word 'pension' in the Pensions Act, 1871, Section 60(1)(g) of the Code of Civil Procedure 1908 and Section 6(g) of the Transfer of Property Act, 1882, … 1952, the Collector of Baroda sent a notice to the respondent demanding payment of the balance of Rs. 12,416. The respondent continued to draw pension at the rate of Rs. 500 per month from April 1, 1949.

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