Advanced Search Results

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

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 … 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 not subjected

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 … also recognised in the American Constitution (see Myers v. United States, (1926) 272 US 52: 71 Law Ed 160) that the tenure of services shall be at the pleasure of the Executive Head of the State. As

Union of India (Uoi) and anr. Vs. Manik Lal Banerjee

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 14 and 136; Payment of Gratuity Act, 1972 - Sectiosn 2, 4, 4(2) and 4(3); Pensions Act, 1871; Railway Services (Pension) Rules, 1993 - Rules 15(1), 15(4), 49, 69 and 70

Reported in : AIR2006SC2844; 2006(4)AWC3255(SC); [2006(110)FLR837]; [2006(4)JCR190(SC)]; JT2006(6)SC590; (2006)IIILLJ523SC; 2006(7)SCALE386; (2006)9SCC643; 2006(2)LC961(SC)

of Rule 15(4)(ii) of the 1993 Rules, as pension and commuted value thereof are only governed by the Pensions Act, 1871, the matter relating to payment of gratuity could not have been brought within the purview of the 1993 … Sodepur Railway Station, Eastern Railway. He retired on 31.1.1995. He was paid 16 = months emoluments comprising basic salary and 20% dearness allowance towards Death-Cum-Retirement … I direct the respondent No. 2 to pay the Gratuity as claimed by the applicant in terms of Section 4 of the Indian Gratuity Act, 1972 together with the interest @12% per annum from the date when

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 … 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 … 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

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 … over the A.P. Revised Pension Rules, 1980. The learned Counsel also had drawn attention of this Court to Section 60(1)(g) of the Code of Civil Procedure and had explained the facts and circumstances, which led the deceased

M. Janakiramaiah Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Subject : Service

Acts : 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

Reported in : 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 … fraud or negligence on the part of the petitioner and then G.O. Ms. No. 470, T/R&B;(SER2) Department, dated 16-5-1979 was issued holding the petitioner to be responsible for the defalcation of the aforesaid Rs. 27,396.20 ps and

Daiichi Sankyo Company, Limited vs.malvinder Mohan Singh and Others

Court : Delhi

Subject : Land Acquisition

employers outside its ambit. To buttress his submission, Mr. Nigam drew my attention to Section 11 of the Pensions Act, 1871 (in short „Pensions Act‟), which barred the attachment of only those pensions which were received by Government employees. … the Supreme Court which met the same fate. The Special Leave Petition filed was dismissed vide order dated 16 February 2018. I.A. No.11934/2018 in OMP (EFA) (COMM) No.6 /2016 Page 2 of 22 2.2 The decree holder

Umaprabha Thampuratti Vs. State of Kerala and ors.

Court : Kerala

Subject : Civil

Acts : Constitution of India - Article 226

Reported in : AIR1960Ker186

purpose. 3. It was then contended by the learned counsel, that the authority vested with jurisdiction under the Pensions Act, 1871, for registeringthe right renting to 'Pensidns and . Grants ofl money on land revenue', Malikhana being such ' … the petitioner was held to be precluded from challenging the jurisdiction of Government to entertain a revision, under Section 16 of the Building Lease and Rent Control Order 1950, to which he had submitted. The same conclusion was

State of Bihar and anr. Vs. Maharaja Pratap Singh Bahadur

Court : Supreme Court of India

Subject : Civil

Acts : Constitution of India - Article 226; Bihar Land Reforms Act, 1950 - Sections 2, 3, 3(1), 3A, 4, 23(1), 24A(1); Bihar Land Reforms (Amendment) Act, 1953 - Sections 2, 2A, 4 and 24A

Reported in : AIR1969SC164; 1968(16)BLJR973; [1968]3SCR734

Matched in: Citation AIR1969SC164; 1968(16)BLJR973; [1968]3SCR734