Judgment Search Results Home > Cases Phrase: pensions act 1871 section 12 assignments etc in anticipation of pension to be void Page 1 of about 12 results (0.120 seconds)

Smt. Chongtuokhawi Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... , in any view of the matter, the compromise decree in question is unlawful and is null and void under sections 4 and 12 of the pensions act, 1871. ..... drawing my attention to section 4 of the pension act, 1871, the learned counsel contends that the suit upon which the compromise decree in question was recorded was instituted in contravention of this provision since the requisite certificate was never obtained by the respondent ..... this stage, i may also incidentally take note that the provisions of pensions act, 1871 are applicable to the personnel of the armed forces. ..... in anticipation of pension, to be void--all assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.13. ..... , the petitioner is not estopped from questioning the legality of the compromise decree in this proceeding and from claiming the family pension, etc. ..... payment of said family pension etc. ..... is an application under article 226 of the constitution of india filed by the petitioner for directing the union of india and other authorities to release to her the family pension etc. ..... assignments, etc ..... the nominee of the deceased, the petitioner was already paid some benefits in respect of the army central welfare fund and national defence fund, etc. .....

Antaji Vasudev Kelkar Vs. Vinayak Keshav Bhise

Court : Mumbai

Reported in : AIR1915Bom299; (1915)17BOMLR153

..... have come to a definite conclusion upon the other points which have been argued, we do not think that we ought, in view of the words of sections 4 and 6 of the pensions act, to express our opinion upon those questions before receiving a certificate from the collector that the case may be tried. ..... however, been contended that in relation to a similar suit against the same defendant regarding the inam it was held by a bench of this court that section 9, and not sections 6 and 4, of the pensions act were applicable.3. ..... first, that the plaintiff's claim is barred by limitation : secondly, that it is barred by the law of res judicata; and, thirdly, that the suit cannot be taken cognizance of by the court unless a certificate under section 6 of the pensions act is produced. ..... adjourn the case for three months in order that the plaintiff may produce to this court a certificate from the collector under section 6 of the pensions act. ..... at the time of the institution of the suit, sues to recover from an inferior holder the amount of the revenue payable in respect of his holding, and it does not, therefore, fall under the exception provided by section 9 of the pensions act. ..... tried by the lower courts on the assumption that no certificate is necessary, and, as already observed, the substantial points in the case have been argued in this court before the question arising under the pensions act was taken up. ..... which logically arises is whether the objection under the pensions act is good or not. .....

Sadashiv Atmaram Inamdar Vs. Annabhat Venkanbhat Kavathekar

Court : Mumbai

Reported in : (1926)28BOMLR1477

..... it was there held that 'a suit against the secretary of state for india in council to recover a share in the sardeshmukhi had could not lie in the absence of 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 would not lie against the east india company on a grant of land-revenue as the grant was in the exercise of their sovereign rights,' ..... 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 is admitted by ..... is contended on behalf of the appellant that this suit is not a suit against government but is a suit between private parties, and, therefore, section 4 of the pensions act does not apply, and reliance is placed on the case of govind sitaram v. ..... was also a case between private parties and it was held that section 4 of the pensions act applied.6. ..... was held that the suit could not be taken cognizance of without a certificate under section 4 of the pensions act. ..... therefore, think that the suit must fail for want of a certificate under section 4 of the pensions act.4. ..... the defence was, that a certificate from the collector under the pensions act was necessary as the suit amount included manul judi and the amount collected from kadim ..... , therefore, in this case is, whether a certificate is necessary under section 4 of act xxiii of 1871. .....

Gangagir Jankidas Vs. the Secretary of State for India

Court : Mumbai

Reported in : (1931)33BOMLR1029

..... the appellant's contention is that the suit is not within the terms of section 4 of the pensions act, he claimed as follows:-it may be declared that the plaintiff is the full owner of the desaigiri haq at present standing in the name of bai kashi and that ha is entitled to hold the same as absolute owner in tha revenue records, ..... however that may be, we ara of opinion that on the plain words of section 4 of the pensions act and on the consistent decisions of this court, such as babaji hari v. ..... if the present suit relates to a grant of money made by the british government, then on the express terms of section 4 of the pensions act no such suit can be entertained by the civil court without a certificate. ..... the defendants' objection that the suit could not be entertained in the absence of the certificate under sections 4 and 6 of the pensions act was upheld by the district judge on the authority of dwarkanath amrit v. ..... 75 that, however reluctant the courts may be that their doors should be closed to the subject, it is their duty to give effect to the intentions of the legislature when they are clearly expressed as they are in section 4 of the pensions act. ..... the question in this appeal is whether the plaintiff-appellant's suit is barred for want of a certificate under as, 4 and 6 of the pensions act, xxiii of 1871, as the trial court has held.2. ..... secondly, for the same reason, the second order is void, and such a suit as the present lay without a certificate.4. .....

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

Court : Chennai

Reported in : 114Ind.Cas.626

..... it is not seriously disputed that, if there was a grant of land revenue coupled with a grant of land, such a grant would come within the purview of section 4 of the pensions act xxiii of 1871, or that if it was a grant of land alone, section 4 would have no application. ..... though the grant included dry lands, water, trees, nidhi nikshepam, etc, yet, as there was a distinct grant of land revenue and cesses the learned judges held that there was a grant of land revenue and they observed that section 4 does not require that the grant should be of land revenue alone in order to shut out the jurisdiction of the civil court.11. in ex. ..... sam path ayyangar for the respondents upon the recital, including poramboke jamabandi maniams and inams as also sundry lease items in respect of honey, pepper etc,' as showing that the government wanted to make the grantee the owner of porambake and other land. ..... a there is no mention of any of the so-called ashtabhogams but poramboke jamabandi maniams, etc, are included. ..... the first prayer is for a declaration that only a certain amount of jodi is payeble to government, that the jagir is a joint estate, etc. ..... that would only show that the villages as such were places under the control of or were handed over to mahomed moosa for the collection of revenue and of such income as he might derive from poramboke, forests etc. ..... and including poramboke and jamabund maniams and inams and also sundry lease items in respect of pepper, honey, etc. .....

Secretary of State Vs. Abdul Rahim and anr.

Court : Chennai

Reported in : AIR1928Mad1246

..... not seriously disputed that, if there was a grant of land revenue coupled with a grant of land, such a grant would come within the purview of section 4, pensions act, 23 of 1871, or that if it was a grant of land alone section 4 would have no application. ..... brought for partition and objection was taken to the maintainability of the suit under section 4, pensions act, 23 of 1871. ..... for the entire aycut cultivable lands excluding the six cesses relating to cash income...and including poramboke and jama-bund maniams and inams and also sundry lease items in respect of pepper, honey, etc, produced on hills and forests have been granted to you as jagir...excepting the aforesaid six cesses including manga tax relating to cash income, the income relating to all other cesses shall belong to ..... for the respondents upon the recital 'including poramboke, zamabandi maniams and inams as also sundry lease items in respect of honey, pepper etc,' as showing that the government wanted to make the grantee the owner of poramboke and other land. ..... is for a declaration that only a certain amount of jodi is payable to government, that the jagir is a joint estate etc. ..... only show that the villages as such were placed under the control of or were handed over to mahomed moosa for the collection of revenue and of such income as he might derive from poramboke, forests etc. ..... no mention of any of the so-called ashtabhogams but poramboke zamabandi maniams, etc. ..... included dry lands, water trees, nidhi, nikshapam etc. .....

Sadashiv Atmaram Inamdar Vs. Annabhat Venkanbhat Kavathekar and ors.

Court : Mumbai

Reported in : AIR1927Bom81

..... it was there held that 'a suit against the secretary of state for india in council to recover a share in the sardeshmukhi haq could not lie in the absence of a certificate under section 4 of the pensions act of 1871', and that 's. ..... 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 is admitted by ..... 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 would not lie against the east india company on a grant of land-revenue as the grant was in the exercise of their sovereign ..... is contended on behalf of the appellant that this suit is not a suit against government but is a suit between private parties, and, therefore, section 4 of the pensions act does not apply, and reliance is placed on the case of govind sitaram v. ..... was also a case between private parties and it was held that section 4 of the pensions act applied.6. ..... was held that the suit could not be taken cognizance of without a certificate under section 4 of the pensions act. ..... , think that the suit must fail for want of a certificate under section 4 of the pensions act.4. ..... the defence was, that a certificate from the collector under the pensions act was necessary as the suit amount included mamul judi and the amount collected from kadim inamdar ..... question, therefore, in this case is, whether a certificate is necessary under section 4 of act 23 of 1871. .....

Swamirao Shrinivas Parvatikar Vs. Bhimabai Pandappa Desai (No. 2)

Court : Mumbai

Reported in : AIR1933Bom23; (1932)34BOMLR1455

..... we know that where the claim is one which regards land revenue only, where the grant is of the royal share of the revenue only, a certificate under the pensions act is necessary under section 4, and where the grant is of the soil, a certificate is not necessary, but the cases where the grant is of the soil are all cases in which a share in the village was claimed. ..... 1, the widow of padappa, wrongfully recovered the revenue of the two villages for these two years, and hence she is liable to refund it, both the courts below have found that a certificate under the pensions act, section 4, was necessary inasmuch as the right to collect the assessment is now claimed by the plaintiff and he wants to recover it from the defendants. ..... section 4 of the pensions act, as it ousts the ordinary jurisdiction of the civil courts, should be construed strictly. ..... and rulings of this court), if there is a grant ofthe royal share of the revenue, and nothing more, and a claim arise in relation that grant, the claim cannot be heard by a civil court without a certificate ; (sic) provided by section 4 of the pensions act. ..... , where the grant is a grant of the soil, whether a claim to recover assessment or land revenue of the village requires a certificate under section 4 of the pensions act. ..... but if there is a grant of (sic) other than merely the royal share of the revenue, or at any rate, if there is a grant of the village as a holding or estate, then a certificate under the pensions act is not necessary.5. .....

His Highnes Mathu Sri Jeeyamba Bai Saheb Vs. the Secretary of State fo ...

Court : Chennai

Reported in : (1912)23MLJ687

..... whether the jurisdiction of the civil court is barred rests on the construction of section 4 of the pensions act (xxiii of 1871) which enacts ' except as hereinafter provided no civil court shall entertain any suit relating to any pension or grant of money or land revenue conferred or made by the british or any former government, whatever may have been the consideration for such pension or grant and whatever may have been the nature of the payment claimed or ..... kudivaram right also where both the kudivaram and melwaram are granted by the government to the same person and whether such intention has been effectively carried out in section 4 of the pensions act, it is not necessary for us to decide in this case. ..... did not definitely decide the point althpigcb their lordships' observation might show that, if the grant was of the land itself and not of the revenue, section 4 of the pensions act would not be applicable. ..... grants is of the land itself, section 4 of the pensions act does not apply. ..... suit is barred by section 4 of the pensions act. ..... position that where there is no gift of the land revenue as such, the case does not come within the purview of section 4 of the pensions act. ..... when there is a grant of the land revenue only to persons already owning the kudivaram right, there is anything in section 4 of act xxiii of 1871 construed in the light of regulation iv of 1831 and act iv of 1862 to take away the jurisdiction of the civil court with respect to a claim to the kudivaram right. .....

Narendrasingji Ranjitsingji Vs. Udesinghji

Court : Mumbai

Reported in : AIR1947Bom451; (1947)49BOMLR318

..... kothawala, collector of surat, do hereby authorise under section 6 of the pensions act, 1871, the trial of the said claim by any civil court competent to try the same.the certificate is in the form prescribed by government (see e.n. ..... a provision regarding the filing of a certificate before legal action can be instituted or continued, similar to the provision under the pensions act under consideration, is to be found in section 17 of the court of wards act, bombay i of 1905, which says that on the publication of a notice under section 14, sub-section (1), no proceeding in execution of any decree against the government ward or his property shall be instituted or continued until the decree-holder files a certificate from the court of wards that the decree-claim has been ..... on july 23, 1917, the plaintiff applied to the collector for a certificate under section 6 of the pensions act, xxiii of 1871, authorising the first class judge's court, surat, to entertain his suit against ramsinhji and ranjitsinhji for a declaration that he was entitled to receive the amount of rs. ..... under section 4 of the pensions act, xxiii of 1871, except as therein provided, no civil court can entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the british or any former government. .....