Judgment Search Results Home > Cases Phrase: pensions act 1871 section 12 assignments etc in anticipation of pension to be void Court: us supreme court Page 1 of about 7 results (0.061 seconds)

Malone Vs. White Motor Corp.

Court : US Supreme Court

..... congress was concerned not only with corrupt pension plans, but also with the possibility that those that were honestly managed would be prematurely terminated by the employer, leaving employees without funded pensions at retirement age; and the disclosure act clearly anticipated a broad regulatory role for the states. ..... section 10(b) provided: "the provisions of this act, except subsection (a) of this section and section 13 and any action taken thereunder, shall not be held to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of the united states or of any state affecting the operation or administration of employee welfare or pension benefit plans, or in any manner to authorize the operation or administration of any such plan contrary to any such ..... sections 10(b) and 10(a) of the disclosure act, together with the legislative history of that statute, indicate congress' intention to preserve state regulatory authority over pension plans, including those resulting from collective ..... section 10(a) provided that the disclosure act shall not be construed to prevent any state from obtaining additional information relating to a pension plan "or from otherwise regulating such ..... section 10(b) of the federal welfare and pension plans disclosure act (disclosure act) provided that the disclosure act shall not exempt any person from liability provided by any present or future federal or state law affecting the operation of pension .....

Janpad Panchayat and Zila Panchayat Karamchari Sangh and ors. Vs. Stat ...

Court : Supreme Court of India

Reported in : (1998)8SCC568

..... there is no reference to the provisions of the madhya bharat panchayats act, 1949 or to any orders made thereunder granting pension and gratuity nor do they say that the said benefits were granted under sections 75, 147 and 189 of the madhya pradesh panchayats act, 1962. ..... ' a reading of the above sections discloses the following position:sections 75, 147 and 189 enable a gram panchayat/janpad panchayat/ zila panchayat to grant gratuity and pension to their employees subject to the previous approval of the prescribed authority and in accordance with the rules made under the act. ..... --a janpad panchayat may in accordance with the rules made under this act:(a) establish and maintain a provident fund on behalf of its officers and servants; (b) grant gratuity to any officer or servant subject to the previous approval of the prescribed authority; and(c) grant pension to any officer or servant subject to the previous approval of the state government.189. ..... --a gram panchayat may in accordance with the rules made under this act:(a) establish and maintain a provident fund on behalf of its officers and servants; (b) grant gratuity to any officer or servant subject to the previous approval of the prescribed authority; and(c) grant pension to any officer or servant subject to the previous approval of the state government.147. .....

Govind Singh. Vs. Harchand Kaur.

Court : Supreme Court of India

..... rao -1982 (1) scc 442 wherein it was contended that any act attributed to the appellant in his capacity as a minister, even if assumed to be correct although the same are disputed, would not come within the ambit of corrupt practice as sanction, approval or grant of pension by a minister during his tenure as a minister cannot amount to bribery under clause (1) of section 123 of the act as it is not a gift, offer or ..... been set aside on the allegation of corrupt practice, it would be worthwhile to recollect at this stage that although the high court has the jurisdiction and competence to declare the election of a returned candidate to be void on the allegation of corrupt practice, it is well settled by now in view of the ratio laid down in a catena of decisions of the supreme court that the mandate of the people in a democracy ..... appellant was alleged to have indulged in corrupt practice, the same for the reasons assigned hereinbefore do not lead to the irresistible conclusion that the appellant had indulged in corrupt practice merely on account of the fact that he had distributed old age pension or handicapped and widow pension to the voters of his constituency although he was the minister holding the ..... election. in any case, it was difficult to anticipate from which constituency he would be contesting and whether he would ..... had exercised his influence over the officials to get amounts released to the residents of his constituency in the name of the pension for the old aged, handicaps etc .....

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... relation to a member of the legislative council of the state (vidhan parishad), the learned attorney general has also invited our attention to the provisons of the salary, allowances and pension of members of parliament act, 1954 wherein the expression 'term of office', as defined in section 2(e) covering members of the council of states as well as the house of the people, has been used in section 3 (salaries and daily allowances) section 4 (travelling allowances) section 6(2) (free transit by railway) section 6-a (2) (free transit by steamer) and section 8a(1) (pension).158 ..... . it is no answer that congress assigned the task to the judiciary in enacting 18 ..... not, however, follow that if the powrs, privileges or immunities conferred by the latter part of articles 105 and 194 were repugnant to the fundamental rights, they would be void to the extent of such repugnancy. ..... would appear from chapter 111 of part vi of the constitution - the same being, making of laws, acting conjointly to effectively control the activities of the executive, approval of the finance bill, etc ..... section 108 of the criminal code in canada renders it an offence for a bribe to be offered to or accepted by a provincial or federal member, while in federal canada and several of the provinces the acceptance of a reward ..... committee found the member guilty of receiving monetary benefits for putting questions in parliament, moving amendments to the forward contracts (regulation) bill and urging interviews with the ministers, etc .....

Jc-116244 Ex-subedar Joginder Singh Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : [2003(96)FLR376]; JT2001(9)SC23; 2001LabIC4012; 2001(7)SCALE263; (2001)9SCC602; 2001(4)SCT1012(SC); (2002)1UPLBEC150

..... having regard to the fact that subedar joginder singh was dismissed from service on 13.7.1985 as a sequel to general court martial for an offence under section 52(a) of the army act for committing theft of property belonging to the government and that his representation under regulation 113(a) pleading exceptional circumstances for grant of pension was rejected, we find no merit in this appeal. ..... is stated thus:-'in view of the plain language of the above regulation the respondent cannot lay any legal or legitimate claim for pension and gratuity on the basis of his previous service as admittedly he stands dismissed in accordance with section 73 read with section 71 of the act. ..... 113(a) he was ineligible for pension or gratuity in respect of previous service as he was dismissed from service under section 52(a) of the army act. ..... 1985 he was charge-sheeted along with three others for offence under section 52(a) of the army act for committing theft of property belonging to the government on 3.3.1984. ..... in exceptional cases, however, he may, at the discretion of the president be granted service pension or gratuity at a rate not exceeding that for which he would have otherwise qualified had he been discharged on the ..... 113 (a), an individual who is dismissed under the provisions of the army act is ineligible for pension or gratuity in respect of previous service, however, as an exception, the president may in his discretion grant service pension or gratuity partially or fully. ..... etc. ..... etc.3. .....

D.S. Nakara and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1983SC130; 1983(31)BLJR122; (1983)ILLJ104SC; 1982(2)SCALE1213; (1983)1SCC305; [1983]2SCR165; 1983(1)SLJ131(SC)

..... the cost of living due to inflation, it is all the more important even from purely humanitarian considerations if not from the stand point of fairness and justice, to protect the actual value of their meager pensions to enable the pensioners to live in their declining years with dignity and in reasonable comfort.therefore, we are not inclined to share the apprehension voiced by the learned attorney that if we strike down the unconstitutional part, the ..... this court struck down as discriminatory the division of pre-1955 and post-1955 tenants for the purpose of allotment of land made by the rules under the rajasthan colonisation act, 1954 observing that the various provisions indicate that the pre-1955 and post-1955 tenants stand on the same footing and therefore do not form different classes and hence the ..... the level of assistant or even section officer is marginal keeping in view that the old pensioners are getting temporary increases. ..... but before we do so, we must look into the reasons assigned for eligibility criteria, namely, 'in service on the specified date and retiring ..... match works etc : 1978(2) ..... etc ..... etc. ..... etc : [1980]1scr804 this court while repelling the contention that the choice of april 1, 1973 as the date of imposition of the building tax is discriminatory with reference to article 14 of the constitution, approved the ratio in the ..... etc ..... etc ..... of large number of decisions bearing on the subject, in air india etc. v. ..... and ors etc. ..... this view, the constitution bench in ajay hasia etc. v. .....

Bharat Raja Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1606; [1967]3SCR302

..... when the appellate tribunal fully agree with the view expressed by the appellate assistant commissioner and has no other ground to record in support of its conclusion it does not act illegally or irregularly merely because it does not repeat the grounds of the appellant assistant commissioner on which the decision was given against the assessee or the department ..... company concerned gave the directors the right in their absolute discretion and without assigning any reason to refuse to register any transfer of shares. ..... runs as follows : 'on receipt of an application under this section the state government may having regard to the provisions of this act and any rules made thereunder, grant or refuse to grant ..... after all a tribunal which exercises judicial or quasi judicial powers can certainly indicate its mind as to why it acts in a particular way and when important rights of parties of far-reaching consequence to them are adjudicated upon in a summary fashion without giving a personal hearing where proposal and ..... into the merit of the case but only to examine the question as to whether it was necessary for the government of india to give reasons for its decision in view of the provisions of the act and the rules or aliunde because the decision was liable to be questioned in appeal to this court. ..... government 'was not compelled to grant either money or pension because the exercise of the power under s. ..... or acquired in contravention of the provisions of the act is to be void and of no effect. .....

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

Court : Supreme Court of India

Reported in : AIR1998SC300; 1997(6)ALT27(SC); JT1997(8)SC573; 1997(6)SCALE583; (1998)6SCC340; 1998(1)LC14(SC); (1997)3UPLBEC2137

..... 8262958) while serving as a cashier in the office of the cda (pensions), allahabad during the period from 23-8-1981 to 19-4-1984, did not remit a sum of rs 2901 (rupees two thousand nine hundred and one only) recovered from the staff of cda (pensions), allahabad on account of cooperative dues payable to the thrift and credit cooperative societies of other controllers and ..... a sum of rs 16,600 (rupees sixteen thousand and six hundred only) on account of sale proceeds of cda (p), csd canteen whereby he did not maintain absolute integrity and acted in a manner most unbecoming of a government servant in violation of rules 3(1)(i) and 3(1)(iii) of ccs (conduct) rules, 1964. ..... a sum of rs 50,696.86 (rupees fifty thousand six hundred ninety-six and paise eighty-six only) whereby he did not maintain absolute integrity and devotion to duty and acted in a manner unbecoming of a government servant in violation of rules 3(1)(i), 3(1)(ii) and 3(1)(iii) of ccs (conduct) rules, 1964. ..... thus he did not maintain absolute integrity and devotion to duty and acted in a manner most unbecoming of a government servant in violation of rules 3(1)(i), 3(1)(ii) and 3(1)(iii) of ccs (conduct ..... thus he did not maintain absolute integrity and acted in a manner most unbecoming of a government servant in violation of rules 3(1)(i), 3(1)(iii) of ccs (conduct ..... thus he did not maintain absolute integrity and acted in a manner most unbecoming of a government servant in violation of rules 3(1)(i) and 3(1) (iii) of ccs ( .....

United States Vs. Teller

Court : US Supreme Court

..... from june 4, 1874, and seventy-two dollars per month from june 17, 1878; that on july 21, 1882, the relator returned to the secretary of the interior the pension certificate which had been issued to him under the special act of congress passed march 3, 1869, granting him a pension of fifty dollars per month; that when he returned said certificate, he was without the advice of counsel, and was fearful that he would be deprived of his greater ..... per month; from june 4, 1882, to september 4, 1882 at the same rate, $216 -- making in all the sum of $6,812.46, and that, in addition to these payments under the general laws, he had received, under the special act of march 3, 1879, granting him by name a pension at the rate of fifty dollars per month, payments as follows: from march 3, 1879, to june 4, 1882, the sum of $1,951.67, being at the rate of fifty dollars per month. ..... return to you my certificate, and relinquish any claim that i may have under it from date of this letter, made under a special act of congress (increase), dated march 3, 1879, upon which i have been drawing fifty dollars per month, and shall be satisfied with receiving my pension under the general pension laws, granted by yourself, under the several opinions of the attorney general, dated july 17, 1882, until congress, in its bounty, shall think it proper ..... section 4 of the act of march 3, 1873, c. .....

United States Vs. Alexander

Court : US Supreme Court

..... the act of 1855, when first proposed, contained the following provision: "and the pensions granted by this act, and those under the said section of the act of february 3, 1853, shall commence on the fourth day of march, 1848. ..... this was followed by an act passed february 28, 1855, giving pensions to widows of mariners and marines who served in the navy during the revolutionary war, "in the same manner and to the same extent" as the widows of soldiers of the army, "under the second section of the act of february 3, 1853. ..... " this provision was intended to change the construction which the commissioner of pensions bad given to the act of 1853, * but it was stricken out, and the statute was enacted as it now stands. ..... the argument of the claimant's counsel was that the act of 1853 was substantially an amendment of the act of 1848, and intended to repeal the provision it contains that widows married after january l, 1800, should not be entitled to its benefits; that hence the two acts must be read together, and all widows be entitled to a pension commencing on the 4th of march, 1848. ..... " a subsequent section enacted that the same rules of evidence, regulations, and prescriptions should apply and govern the commissioner of pensions and pension agents as then prevailed under existing pension laws which related to widows of revolutionary officers and soldiers. .....