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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 … his delivering a signed bill of costs, and the effect of the statute of limitation (Limitation Act 1623, Section 3) was that an action must be brought within a period of six years from the time when the

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 … payments which should be declared permanent and not liable to revision.7. The other is the reply (Exh. D. 35) of the Commissioner of the Southern Division (dated July 3, 1889), in which he says:The acting Commissioner Section

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 … service would be the same as they were at the commencement of the Constitution is contained in Article 314 of the Constitution which is as follows: 'EXCEPTas otherwise expressly provided by this Constitution, every person who having

Gangadharrao Narayanrao Muzumdar and ors. Vs. State of Bombay

Court : Mumbai

Subject : ConstitutionProperty

Acts : Constitution of India - Articles 31, 31(2), 31(4), 31-A, 39, 245, 368 and 379; Bombay Personal Inams Abolition Act, 1953 - Sections 2, 17 and 17(5); Bombay Personal Inams Abolition Act, 1952; Land Revenue Code - Sections 3(5) and 6; Pensions Act, 1871; Bihar Land Reforms Act, 1950

Reported in : AIR1955Bom28; (1954)56BOMLR1062; ILR1955Bom127

as class I, II, III, IV or V in the records kept under the rules made under the Pensions Act, 1871.Section 4 extinguishes all personal inams, and the proviso to that section lays down that if the amount … petitions challenging the constitutionality of the Bombay Personal inams Abolition Act, 1952, being Act 42 of 1953. The 30 petitioners are inamdars of various inams and the exemption from land revenue in their case is below Rs.

Dolatsing Hamirsing Vs. Joravarsing Naransing

Court : Mumbai

Subject : Civil

Reported in : (1931)33BOMLR783

the cash allowance paid by Government to the defendant, under a certificate required by Section 4 of the Pensions Act, 1871, is maintainable in spite of Section 6 of the Act, as it does not affect the liability of … recipient of such allowance from the British treasury. The terms of this resolution are now expressly incorporated in Section 3 of Bom. Act VII of 1887, which says:-Every toda giras allowance is continuable hereditarily to the lineal male

Vinayak Shripatrao Patwardhan Vs. State of Bombay

Court : Mumbai

Subject : Constitution

Acts : States Merger (Governor's Provinces) Order, 1949; Constitution of India - Article 300 and 300(2); Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 22, Rule 10; Indian Limitation Act, 1908 - Schedule - Articles 62, 69, 89 and 120; Bombay Revenue Jurisdiction Act, 1876 - Sections 4 and 4(1); Indian Pensions Act, 1871 - Sections 4; Indian Trusts Act, 1882 - Sections 94; Indian Independence Act - Sections 7(1); ;Extra Provincial Jurisdiction Act, 1947 - Sections 3, 3(1), 3(2), 4, 4(1) and 4(2); Government of India Act, 1935; Municipal Law; Administration of Deccan States Order, 1948; Administration of the Indian States Order, 1948; ;States Reorganization Act

Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101

Act, 1876. 2. That the suit of the plaintiff was also barred under Section 4 of the Indian Pensions Act, 1871. 3. That the plaintiff's suit was barred by limitation. The cause of action for rendition of account arose

Radhey Shyam Gupta Vs. Punjab National Bank and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Payment of Gratuity Act, 1972 - Sections 5; Provident Funds Act, 1925 - Sections 3 and 4; Pensions Act, 1871 - Sections 11; Code of Civil Procedure (CPC) - Sections 47, 60(1), 115 and 115(1) - Order 21

Reported in : AIR2009SC930; 2009(2)ALT9(SC); 2009(4)BomCR490; RLW2009(2)SC1783; (2009)1SCC376:2008AIRSCW8284

(supra) which had been referred to by Ms. Shobha, wherein in the context of Section 11 of the Pensions Act, 1871, which provided for exemption of pension from attachment, this Court referred to the decision in the Jyoti Chit … Jyoti Chit Fund and Finance and Ors. : (1976)IILLJ69SC , where while dealing with the provisions of Sections 3 and 4 of the Provident Funds Act, 1925, prohibiting attachment of sums held by the Government, as well

B.K. Dhingra and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Service

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 4, 5, 7, 7(1), 7(2) and 7(3); Pension Act, 1871 - Sections 11; Supplementary Rules, 1922; Government Residence (General Pool in Delhi) Rules, 1963; Residences (General Pool in Chandigarh) Rules, 1969; Chandigarh Civil Services (Pension) Rules - Rules 71, 71(1), 71(2) and 72(1); Pension Rules - Rule 71 and 72; Oil and Natural Gas Commission (Death, Retirement and Terminal Gratuity) Rules - Rule 20; Oil and Natural Gas Commission (Death, Retirement and Terminal Gratuity) Regulations, 1969 - Regulation 5; Constitution of India - Articles 226, 227, 300A and 366(17)

Reported in : [2006(109)FLR981]; (2006)142PLR242

market rent.7. However, having held as above, the Supreme Court considered the impact of Section 11 of the Pensions Act, 1871. The aforesaid Section reads as follows:11. Exemption of pension from attachment:-No pension granted or continued by Government on … include any adoption made or purporting to be made according to custom. A further provision was made by Section 3 that Hindu Succession Act was to apply only in respect of alienation of immovable property or appointment of

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 … the respondent-petitioner is that her father, Kanaparthi Vedantha Deva Roy died on 3-7-1997 testate executing last registered Will in a sound disposing state of mind

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

Court : Delhi

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 … filed by the respondent herein was allowed.2. The respondent herein superannuated on 31.07.1991 while he was working as Permanent Way Inspector. He had been paid