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Feb 13 1934

The Secretary of State for India Vs. Parashram Madhavrao

Court : Mumbai

Decided on : Feb-13-1934

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

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Jan 20 1972

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

Court : Delhi

Decided on : Jan-20-1972

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 … per rupee on 25-2-1928. This rate has never been revised since then. With the transfer of power on 15th August 1947 the Indian Civil Service came to an end. Most of the non-Indian members thereof left India.

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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 … in stores. Our attention in this connection has been drawn to Rule 15(1), 15(2), 15(3)(b), 15(4)(i)(a) and 15(4)(ii) of the said Rules.9. The learned counsel

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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 … of freedom struggle and sanctioned him Freedom Fighter Pension, vide PPO No. 1572/FF/PB. He continued to receive that pension till his death and afterward it

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Aug 06 1928

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

Court : Chennai

Decided on : Aug-06-1928

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 … revenue was to be enjoyed by the grantee. In Muthu Sri Jiejamba Bai Sahib v. Secretary of State 15 Ind. Cas. 871 : 1913 23 M.L.J. 687 : 1913 12 M.L.T. 541 : (1913) M.W.N. 255. Benson

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Feb 04 1946

Narendrasingji Ranjitsingji Vs. Udesinghji

Court : Mumbai

Decided on : Feb-04-1946

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 … he was successful in obtaining one on November 17, 1933. On February 15, 1934, he filed the present suit. Thereafter on November 28, 1934, at

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Jan 15 1958

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

Court : Andhra Pradesh

Decided on : Jan-15-1958

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 … partition effected in or about the year 1928 recommended payment of Rs. 150/- to each of the brothers in his report dated 3-11-1949. This was

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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 … 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 … fact, it appears from the District Gazetteer of the United Provinces, Vol. 15, relating to Budaun, that Budaun came under the Muslim domination for the

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Mar 30 1898

Kumara Tirumalai Naik and ors. Vs. Bangaru Tirumalai Sauri Naik and or ...

Court : Chennai

Decided on : Mar-30-1898

Subject : Family/Property

Reported in : (1898)ILR21Mad310

(Exhibit C) and (2) that it could not be brought without a certificate from the Collector under the Pensions Act XXIII of 1871. The Subordinate Judge has found that there was no objection to the suit on the … costs from defendants Nos.1, 2 and 24 on the memorandum of objections. Pensions act - act XXIII of 1871, Section 4--suit relating to inam land, granted before-the time of the british government--confirmation of inam--construction and enforceability of compromise … 1792. By Section 2 of this Regulation, the grant was declared valid subject only to its registration under Section 15. Further, supposing that it was not in the district of Dindigul, or that such registration had not been

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Feb 23 1993

National Ex-servicemen Co-ordination Committee and ors. Vs. Union of I ...

Court : Delhi

Decided on : Feb-23-1993

Subject : ServiceConstitution

Acts : Constitution of India-Articles 14 and 300A

Reported in : 1993(26)DRJ2

of Union of India and another v. Wing Commander, R.R. Hingorani (Retd), : (1987)IILLJ3SC , deals with the Pensions Act, 1871, and provisions of that Act would perhaps be not applicable for consideration in the present case.(14) In Jodh … restoration of the commuted portion of the pension on the expiry of 15 years as was conceded in the case of civil pensioners.(13) The case … and gratuity as per the regulations was not admissible unless service was satisfactory. The court also referred to section 22 of the Army Act under which any person subject to that Act may be retired, released or

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