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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 … authorized in this behalf by the appropriate Government, who shall proceed in accordance with the Rules framed under Section 14 (8) of the Pensions Act to decide the claim or for issuance of certificate contemplated by Section 6

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 … 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 other enactments etc.13. Section 60 of the Code of Civil

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 … question of limitation. The defendant by his pleading, as well as here and in India relied upon Articles 14 and 131 of the Indian Limitation Act. Article 14 has, their Lordships think, clearly no application, for the

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 … entitled Mohan Singh v. Union of India decided on 1-6-1995 and CWP 14442 of 1995 decided on 11-12-1995.9. We are satisfied that the order of

V.K. Namboodiri Vs. Union of India (Uoi) Represented by Secretary to t ...

Court : Kerala

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 16 and 259(2); Indian Army Rules; Pensions Act, 1871 - Sections 4; T.C. State Rules; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1965Ker185

enhanced pension under the Indian Army Rules. Madhavan Nair J. has held that under Section 4 of the Pensions Act of 1871 this question is not cognizable by a civil court. There are several decisions to support this … Therefore this contention has to be rejected.5. The next contention is that the appellant's fundamental rights under Articles 14 and 16 of the Constitution were violated. The argument is that when Majors of the Indian Army were

V.K. Nambudiri Vs. Union of India (Uoi)

Court : Kerala

Subject : Service

Acts : Constitution of India - Articles 14, 16 and 310; Pensions Act, 1871 - Sections 4

Reported in : AIR1961Ker155; (1961)ILLJ68Ker

pension due to him, much less can such a claim be an actionable one. Section 4 of the Pensions Act, 23 of 1871 bars the Civil Courts from taking cognizance of a suit relating to pension. It enacts:-'Except … are found in regard to the tenure of certain high Officers of the Civil Service in Articles 124, 148, 218, 316 and 824 and in regard to the imposition of punishment on any member of the Civil

Narendrasingji Ranjitsingji Vs. Udesinghji

Court : Mumbai

Subject : Limitation

Reported in : AIR1947Bom451; (1947)49BOMLR318

properties, but her claim to the malikana was not dealt with in absence of a certificate under the Pensions Act, 1871. The daughter sued in 1890 to establish her title as reversionary heir to her father subject to the … must, therefore, be dismissed with costs. Indian Limitation Act (IX of 1908), Articles 131, 120-Pensions Act (XXIII of 1871), Section 6-Application under Pensions Act to file suit for declaration of share in Toda Giras allowance-Filing of suit after … Court of Wards Act, Bombay I of 1905, which says that on the publication of a notice under Section 14, Sub-section (1), no proceeding in execution of any decree against the Government ward or his property shall be

Gangagir Jankidas Vs. the Secretary of State for India

Court : Mumbai

Subject : Service

Reported in : (1931)33BOMLR1029

whether the plaintiff-appellant's suit is barred for want of a certificate under as, 4 and 6 of the Pensions Act, XXIII of 1871, as the trial Court has held.2. One Kushalbhai Neechabhai had obtained a Sanad for an … I agree that the appeal must be dismissed and the cross-objections allowed with costs. Pensions Act (XXIII of 1871), Section 4-Certificate-Collector-Deaaigiri Haq-Allowance in commutation of the Haq-Purchaser of allowance from a Hindu widow-Order passed by Collector registering the … Court in subsequent cases of Dwarlcanath v. Mahadev I.L.R. (1912) Bom. 91 14 Bom. L.R. 938 and Balkrishna v. DaUatraya I.L.R. (1917) Bom. 257 20

Secretary of State for India Vs. Vydia Pillai and anr.

Court : Chennai

Subject : Civil

Reported in : (1894)ILR17Mad193

a right to forest produce. He further held that the claim was barred by Section 4 of the Pensions Act, XXIII of 1871. The respondents appealed from this decision to the Collector of the district, who considered that … Mr. Macleane's decision that the right in contest was not outside the provisions of the Forest Act. Under Section 14 of the Forest Act, the Collector has appellate; jurisdiction only when the right adjudicated on by the Forest

Babaji Hari Vs. Rajaram Ballal and anr.

Court : Mumbai

Subject : Civil

Reported in : (1877)ILR1Bom75

them, and not merely the Government revenue arising from them, do not fall within the provisions of the Pensions Act. Mr. Pandurang has contended that there is necessarily a Government revenue arising from the lands in this case, … jurisdiction of the Civil Courts by the provisions of Act XXIII of 1871. On the mere grammatical interpretation of Section 4 of that Act no … to affect other suits than those against Government, this mode of expression would not have been adopted. Again, Section 14, Article (8), enables the chief controlling revenue authority to make rules for 'reference to the Civil Court under