Judgment Search Results Home > Cases Phrase: pensions act 1871 section 12 assignments etc in anticipation of pension to be void Court: himachal pradesh Page 1 of about 1 results (0.066 seconds)

State of H.P. Vs. Lashkari Ram

Court : Himachal Pradesh

Reported in : (2008)ILLJ137HP,2008(1)ShimLC245

..... in view of the overriding provisions contained in section 14 of the payment of gratuity act, the provision for gratuity under pension rules will have no effect. ..... the act is a piece of social welfare legislation and deals with the payment of gratuity which is a kind of retrial benefit like pension, provident fund etc. ..... from the order of the learned single judge that interest on delayed payment of gratuity was denied only on the ground that there was doubt whether the appellant was entitled to gratuity, cash equivalent to leave etc. ..... as regards the claim of interest on gratuity, the learned single judge held as under:since there was doubt as to whether the petitioner is entitled to the gratuity, cash equivalent of leave salary etc. ..... rival contentions, disposed of the writ petition issuing directions to the respondent corporation to settle the full salary and allowances for the period of suspension, gratuity, cash equivalent to leave salary, deferred leave, concession amount etc. ..... it has now been universally recognized that all persons in society needs protection against loss of income due to unemployment arising out of incapacity to work due to invalidity, old age etc. .....

H.P.S.E.B. and anr. Vs. Balak Ram and anr.

Court : Himachal Pradesh

Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)

..... act prevails over the state act by virtue of article 254 of the constitution and section 40(3) is invalid and the claims are unsustainable;(ii) section 40(3) of the state act stood repealed on the coming into force of the andhra pradesh shops and establishment act, 1988 and gratuity became payable under section 47(5) of the state act where payment of gratuity is not payable under the central act;(iii) section 14 of the central act ..... contained in a statutory enactment or in rules/regulations framed thereunder have to be so construed as to be in harmony with each other and that where under a specific section or rule a particular subject has received special treatment, such special provision will exclude the applicability of any general provision which might otherwise cover the said topic.in philips india ltd. v. ..... act has overriding effect on other laws agreement, contract etc; and as there is no exemption granted to lic the promulgation of lic rules by itself cannot be treated as exemption from the provisions of the act.a reference to the provisions of section 2(e), 4, 5 and 14 leads to an irresistible conclusion that either section 48(2b) of the lic act or the lic rules for class-i officers do not take away the right of an employee to claim the benefits under the provisions of the act ..... act, 1972 as well as ccs (pension) act ..... 9, the word 'continuous employment' is assigned the following meaning:word 'continuous' means without break, cessation, or interruption, ..... is assigned the .....

Himachal Pradesh Nagar Vikas Pradhikaran Vs. Regional Provident Fund C ...

Court : Himachal Pradesh

Reported in : (1998)IILLJ267HP

..... the respondent has pointed out that under section 16(1) in order to claim the benefit of exclusion from the provisions of the act any department of a government has to show that its employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the central government or the state government and in the absence of such benefits being given to the employees such department would be covered by the ..... shall be a body corporate by the name specified in the notification under section 40, and shall have perpetual succession and a common seal with power to acquire and hold property both movable and immovable, and subject to the provisions of the act or rules made there under to transfer any property held by it, to contract and to do all other things necessary for the purposes of the act and may sue and be sued in its corporate name. ..... there is a qualification in the section expressly mentioning that the employees thereof are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by ..... necessary to refer to sub-clause (c), which was also introduced by the same amendment, which reads as follows:'(c) to any other establishment set up under any central, provincial or state act and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed under the act governing such benefits'.13. .....

Bimla Devi Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : [2006(109)FLR800],2006(1)ShimLC219

..... judge held that the petitioner was not entitled to the declaration from the civil court in view of provisions of sections 4 and 6 of the pensions act, 1871, as section 4, bars the civil courts from entertaining any suit 'relating to any pension' and held that the civil courts has no jurisdiction to grant declaration as prayed for by the petitioner.18. ..... (a) to (e), then it shall at once be reported to the competent authority who may if he considers it justifiable order the suspension of his pension from a date to be specified and the competent authority shall subsequently investigate the case in consultation with the controller of defence accounts (pensions) and if necessary the civil authorities, and-(i) either authorize the withholding of pension in whole or in part from a date to be specified by him not earlier than the date of original suspension; or(ii) authorize continuance in ..... 5 jharu ram, father of the deceased, represented to the army authorities for the grant of the special family pension as he was totally dependant on the income of his son amar singh as bimla devi, the petitioner, refused ..... is that ordinary family pension was stopped under rule 74 (f) of the pension regulations part-ii (1961), after civil investigation which disclosed that the petitioner was living with dalipa ram without formally marrying him and has given birth to a child from the loins of dalipa ram which is an immoral act and therefore a misconduct under rule 74(f) of the pension regulations.8. .....

Smt. Pathani Vs. General Public and anr.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC113

..... the application of applicant under section 372 of indian succession act, 1925 (for short act) for grant of succession certificate in respect of the securities, pension, gratuity etc. ..... he has submitted that the application is not in accordance with section 372 of the act as in the application no disclosure of teju has been made who has been shown son of deceased baldev in nomination ..... on these grounds she prayed for grant of succession certificate with respect to the pension securities, gratuity and other dues of deceased baldev left by him at the time of his ..... in which para-9 of the report is as follows:the principles underlying section 11 of the code of civil procedure cannot be considered to be satisfied by a decision rendered in succession ..... in that case was that the application filed by munni devi for succession certificate deserves to be rejected as it was not in accordance with section 372 of the act. ..... the courts while passing orders under the succession act in summary proceedings are not competent to grant the relief which can be claimed by the parties in a regular ..... submission is that application under section 372 is not maintainable.6 ..... while instituting proceedings under the succession act for grant of succession certificate the parties are concerned only with regard to the competency of the parties to the entitlement of ..... in appeal against the order dated 16.8.2001 passed by learned senior sub-judge (civil judge, senior division), chamba, district chamba in succession act no. .....

Baldev Singh and Kuldeep K. Verma Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC235

..... upon the recommendation of the board to the effect that the disability is aggravated due to severe physical and mental stress of service, this court held that disability pension can be granted to an individual who is invalidated from service on account of disability which is attributable to or aggravated by the military service. ..... the medical report seems to be contrary on the one hand as noticed above it has recommended for disability pension on the other hand it has stated that the disease is not connected with military service. ..... in a joint reply filed on behalf of the respondents with regard to the admissibility of disability pension, it is stated that the medical board recommended release of the petitioner in medical category cee (permanent) due to disabilities (1) cerebro vascular disease (r hemiplegia lacunar stroke) assessed at 30% for two years, and (2) coronary artery ..... pension regulations for army, 1961 (herein-after referred to as 'the regulations') have been brought for settlement of all claims of pension, gratuity and allowances of personnel of indian army, at the time of individual's retirement, release, resignation, discharge and death etc ..... the army act, 1950 (section 192) empowers the central government to frame regulations for ..... to fully participate in national life, the central government has also come out with a comprehensive legislation which is commonly known as 'persons and disabilities, equal opportunity, protection of rights and other participation act', 1995. .....

Smt. Premi Devi Vs. Director of Directorate General Boarder and ors.

Court : Himachal Pradesh

Reported in : 2007(1)ShimLC311

..... in fact, bimla devi respondent, the second wife, legally has no status and cannot claim any share in the estate of deceased nanak chand as her marriage is void abinitio in view of sections 5 and 11 of the hindu marriage act, 1955.7. ..... according to the petitioner, herein, the stand taken by the respondents 1 to 3 that the family pension could not be released to her unless the succession certificate is produced by respondent no. ..... c/gref/1127/1989 after his retirement and was receiving his pension through uco bank kalot, tehsil ghumarwin, district bilaspur.the admitted facts of the case are as follows:(i) the petitioner was the first wife of deceased nanak chand who was shown her as his wife in ..... thus by virtue of rule 54(6)(iii) of the central services (pension) rules, 1972 she is eligible until she attains the age of 25 (twenty-five) years or till she gets married, which ever is earlier and as for as son, rajesh is concerned, he was born on 3.4.1984. ..... on becoming ineligible, the petitioner would get full pension of deceased nanak chand.since the respondents no. ..... thus, in view of rule 54(6)(ii) he would get the pension qua his share until he attains, the age of twenty five years. ..... 4 herein, the second wife of deceased nanak chand, was still awaited and on receipt thereof, the case for the grant of family pension would be taken up with the cda (p) allahabad.3. ..... however, the minor children of the second marriage are entitled to the family pension but not the second widow. .....

Dinesh Kumar Vs. Balbir Singh and ors.

Court : Himachal Pradesh

Reported in : AIR2008HP59,2008(I)ShimLC54

..... it may be that under the pension act (act 23 of 1871) there is a bar against a civil court entertaining any suit ..... though had proceeded to decide the matter without jurisdiction has not taken into consideration the principles of justice, equity, fair play and other legal principles as mentioned in section 22-d of the act;(v) this court has the jurisdiction to,go into the legality of the orders passed by the lok adalat as well as the permanent lok adalat if they are against the letter and spirit of the ..... (2) notwithstanding anything contained in any other law for the time being in force, the authority or committee organizing the lok adalat under sub-section (1) of section 19 may, on receipt of any application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a lok adalat, refer such matter to the lok adalat, for determination:provided that no matter shall be referred to the ..... that despite expression used in sub-section (2) of section 21 of the act that no appeal shall lie to any court against the award and the expression used like original suit, application or execution proceedings as mentioned in sub-section (4) of section 22(e) will not include the writ ..... the matter has been compromised and settled by the permanent lok adalat in view of section 22 (e) of the legal services authorities act, 1987 this court has no jurisdiction to entertain and adjudicate upon the present petition.9 .....

Giano Devi and ors. Vs. Gian Singh and anr.

Court : Himachal Pradesh

Reported in : 1998ACJ933

..... not include-(i) the value of-(a) any house-accommodation, supply of light, water, medical attendance; or(b) any other amenity or any service excluded by general or special order of the appropriate government;(ii) any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance;(iii) any travelling allowance or the value of any travelling concession;(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature ..... of his employment; or(v) any gratuity payable on discharge;xxx xxx xxxindustrial disputes act, 19472(rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, and includes ..... for ready reference definition of wages under the minimum wages act as well as industrial disputes act is reproduced here-in-below:minimum wages act, 19482(h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such .....

Satya Parkash Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... the disciplinary authority had erred in punishing the petitioner for an alleged act of his brother ashok kumar, who was acquitted in an appeal by the learned sessions judge, mandi. ..... the disciplinary authority remained unmindful and acted in a prejudicial manner by punishing the petitioner.7. ..... the petitioner was not a party to the criminal complaint and, therefore, inquiry officer and disciplinary authority were prejudiced and biased and they acted in a illegal, arbitrary and malafide manner. ..... the petitioner has been punished for the alleged act of his brother ashok kumar. .....