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Shaukat HusaIn Beg Mirza Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Subject : Service

Acts : Pension Act, 1871 - Sections 3, 4, 5 and 6; Civil Service Regulations - Article 348A; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1959All769

pension it is obvious that it cannot beclaimed as of right. Under the provisions of Section 4of the Pensions Act (Act No. XXIII of 1871) a suitrelating to pension is barred. Section 4 runs as follows: 'Except as … way of a bounty tor past services mainly to assist the pensioner in providing for his daily needs. Section 5 of the Pensions Act which is reproduced below clearly provides that for the claim of pension the remedy

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

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 being … 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

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 … any pension or grant of money or land-revenue conferred or made by the British or any former Government. Section 5 provides that any person having a claim relating to any such pension or grant may prefer such a

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 … full period of service. Their entitlement to pension (called 'annuity' being paid annually) is governed primarily by Articles 561, 983 and 984 of the Civil Service Regulations as they stood at the commencement of the Constitution. They

Kunwar Sri Tri Vikram NaraIn Singh Vs. the Government of the State of ...

Court : Allahabad

Subject : PropertyCivil

Acts : Constitution of India - Article 226; Pensions Act, 1871 - Sections 4, 5 and 7; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 4, 6 and 45; Uttar Pradesh Land Revenue Act - Sections 78

Reported in : AIR1956All564

400/- each. Constitution - remedy of writ - Article 226 of Constitution of India and Section 5 of Pensions Act, 1871 - Government refusing to pay pension - appellant moved Court for writ of Mandamus - Government contended appellant

T. Sakuntala Vs. B. Satya Murthy and Another

Court : Andhra Pradesh

Subject : CivilService

Acts : Code of Civil Procedure (CPC), 1908 - Sections 60; Pensions Act, 1871 - Sections 11; Civil Pensions (Commutation) Rules - Rule 6(2)

Reported in : 1999(2)ALD2; 1998(6)ALT829

High Court of Madras, (supra), I find that the High Court of Madras interpreting Section 11 of the Pensions Act, 1871, held that even the commuted pension cannot be attached in pursuance of an execution of a decree. I … become due on account of any such pension or allowance' because in view of the Bench decision in 58 Mad 469 ('35) 22 AIR 1935 Mad 249, it is not really possible for the petitioner to contend

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 … such employee in favour of a person who is not a 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

Devanand Vs. Bank of Maharashtra and Others

Court : Mumbai Nagpur

Subject : Education

Article 300A - Bank of Maharashtra Officer Employees' (Discipline and Appeal) Regulations, 1976 - Regulation 44 - Pension Act, 1871- Section 4, Section 6 and Section 11 - Official Secrets Act, 1923 - Section 5 - Bank of Maharashtra … The petitioner opted for voluntary retirement and was relieved from service on 12.9.2008. The petitioner was sanctioned a pension of Rs.13,500/ per month on his retirement. On 26.11.2012, the petitioner was informed by a communication by 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 … payable was liable to variation with a change in the assessment. It follows that the reduced percentage (1 5/16 instead of 2) must still be calculated upon the assessment for the time being in force, unless the

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 … S.S. Nijjar, J.1. This judgment will dispose of C.W.P. Nos. 5604-CAT and 5698-CAT of 2000,as the facts and the points of law involved in both the writ petitions are