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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 … member of his family, shall be void. Section 5 of the Act deals with Power to exempt and Section 13 of the Act deals with protection of gratuity, Section 14 of the Act deals with Act to override

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

Court : Punjab and Haryana

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

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 … pound sterling in view of the changed circumstances and fixing the amount of pension in rupees at Rs. 13,333.33 in terms of the rate of exchange of ls.6d. to a rupee fixed in 1928 as stated above.(6)

Harshadlal Ambalal Desai Vs. Bai Ichha

Court : Mumbai

Subject : Civil

Reported in : AIR1945Bom496; (1945)47BOMLR360

The first point is that the suit is not maintainable under Sections 4, 5 and 6 of the Pensions Act, 1871. It is contended that the jurisdiction of the civil Court is barred in all suits relating to any … (13) of sch. II of the Provincial Small Cause Courts Act. Article 13 says-A suit to enforce payment of the allowance or fees respectively called … Chagla, J.1. This is a revisional application under Section 25 of the Provincial Small Cause Courts Act, 1887. the plaintiff sued to: recover her share of the

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

Court : Supreme Court of India

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 … present purposes are these :- '31-A(1) - Notwithstanding anything contained in Art. 13, no law providing for - (a) the acquisition by the State of … is defined as a holder of personal inam and includes any person lawfully holding under or through him. Section 2(d) defines as 'inam village' or 'inam land' while s. 2(e) defines 'personal inam'. Section 3 provides that

The Secretary of State for India in Council Represented by the Collect ...

Court : Chennai

Subject : Land Acquisition

Reported in : 114Ind.Cas.626

Chittor had no jurisdiction to entertain the suit by reason of the provisions of Section 4 of the Pensions Act (XXIII of 1871). The argument is that Mahomed Moosa was given a pension of sixty pagodas a month … jodi of Rs. 10 fixed on the two villages. This practice was followed from 1834 down to Fasli 1321 (1911). In Fasli 1321 arrears to the extent of Rs. 1,200 and odd were due to Government and

Sadashiv Atmaram Inamdar Vs. Annabhat Venkanbhat Kavathekar

Court : Mumbai

Subject : Property

Reported in : (1926)28BOMLR1477

a certificate under Section 4 of the Pensions Act of 1871/ and that ' Section 4 of the Pensions Act, 1871, so far as it dealt with pensions and grants of land-revenue, was not ultra vires, since an action … Patkar, J.1. In this case the plaintiff sued to recover Rs. 139-8-0 at the rate of Rs. 46-8-0 per year out of the revenue of the Inam village of Kallol.

Nawab Usmanalikhan Vs. Sagarmal

Court : Madhya Pradesh

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 26, 60(1), 86, 86(1), 87B and 141 - Order 23, Rule 3; Constitution of India - Articles 291 and 362; Registration Act, 1908 - Sections 17 and 49; Arbitration Act, 1940 - Sections 2, 13, 30 and 41

Reported in : AIR1962MP320

Matched in: Advocate S.D. Sanghi, Adv. in C.M.A. No. 81 of 1957, ;K.A. Chitale, ;G.M. Chefekar and ;C.S. Chhajed, Advs. in C.M.A. No. 33 of 1958 and ;M.A. Khan, Adv. in C.M.A. No. 13 of 1959 K.A. Chitale, ;G.M. Chaphekar and ;C.S. Chhajed, Advs. in C.M.A. Nos. 81 of 1957 and 13 of 1959 and ;M.A. Khan, Adv. in C.M.A. No. 33 of 1958

Smt. Chongtuokhawi Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ContractCivil

impermissible and is, therefore, void.12. At this stage, I may also incidentally take note that the provisions of Pensions Act, 1871 are applicable to the personnel of the armed forces. Section 4 of the Act takes away the jurisdiction

Rajah Yenumula Suryanarayana Murthy Dora and anr. Vs. State of Madras ...

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Pensions Act, 1871 - Sections 4, 5 and 6; Constitution of India - Article 226; Hindu Law

Reported in : AIR1959AP487

we examine the soundness of the contentions, it is convenient to extract the relevant sections of the Indian Pensions Act, 1871.'4. Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of … On the first point, the argument pressed upon us is this. Having adjudicated the rights of parties under Section 5 of the Indian Pensions Act, it was not competent for the Government to review that order, there … to quash the order of the Government in G. O. Ms. (Rev). 1322 dated 6-5-1953.2. The circumstances constituting the background of this litigation may be