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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 … no proceedings initiated under Rule 9 after retirement - held, respondent debarred from taking action in view of Section 9 of Act and cannot legally deny petitioner of his pension and other terminal benefits for a long span

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 … of Beaumont C.J. in Ganpat Bhujanga v. Hanamgouda Shidagauda 35 Bom. L.R. 956 :In construing Acts of limitation the Courts must always remember that the

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 … are of the opinion that the impugned judgment cannot be faulted.16. Rule 9 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as

Raghavendra Ayyaji Desai Vs. Gururao Raghavendra Desai

Court : Mumbai

Subject : Arbitration

Reported in : (1913)15BOMLR362; 19Ind.Cas.882

arbitration.;The parties are at liberty without in any way going against the words or the spirit of the Pensions Act, 1871, to agree amongst themselves that when the cash allowance is received from Government it shall be distributed amongst … award to be filed. Now the difficulty about suits relating to what is called manpan arises out of Section 9 of the Code, and it arises when disputes relating to manpan prove to be disputes which are not

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

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 … by Supreme Court in Para 36 of judgment in the case of State v Millind reported in 2001 91) Mah. LJ SC 1 is not the law declared by Supreme Court under Article 141 of the Constitution

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

R.T. Rangachari Vs. the Secretary of State for India in Council

Court : Mumbai

Subject : Service

Reported in : (1937)39BOMLR688

declaration that he is entitled to his pension, and comes within the prohibition of Section 4 of the Pensions Act, 1871, and is, therefore, barred. Nor does such an action lie under the provisions of Section 96B of the … XIV of the statutory rules, 1924, Nos. 354 and 355 (the Civil Services Classification Rules), made under Section 96B(2) of the Government of India Act, 1919. Mr. Charsley had concluded his enquiry on September 7. At that

Sadashiv Atmaram Inamdar Vs. Annabhat Venkanbhat Kavathekar

Court : Mumbai

Subject : Property

Reported in : (1926)28BOMLR1477

a certificate under Section 4 of the Pensions Act of 1871/ and that ' Section 4 of the Pensions Act, 1871, so far as it dealt with pensions and grants of land-revenue, was not ultra vires, since an action … that Section 4 of the Pensions Act applied.6. It was next contended that the suit is saved by Section 9 of the Pensions Act, but Section 9 of the Pensions Act applies where the claim of the plaintiff

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