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. .....
Tag this Judgment!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 ..... 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 ..... 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. ..... it was held ' that the words [relating to] were wide enough to include any suit to enforce such a claim provided it related to a pension or grant of money or of land-revenue; it was immaterial whether the claim was based on an agreement between the parties or arose out of any other legal right or liability and whether it was a claim for a share by way of ..... of the estate of a deceased man, in which some question relating to land-revenue might arise in working out the ordinary accounts and enquiries, but that is not the class of case we have to deal with. ..... maintenance out of a cash allowance, which was received by the latter from government. .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1029
..... 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 ..... 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 ..... 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. ..... that case the plaintiff had obtained a decree against the collector for payment of moneys in regard to a certain allowance before the pensions act was even enacted. ..... 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. ..... 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. .....
Tag this Judgment!Court : Chennai
Reported in : 114Ind.Cas.626
..... attendant upon the grant to mahomad moosa in 1821, we come to the conclusion that what was granted to him was only land revenue and not land and, therefore, the provisions of section 4 of the pensions act are applicable to this case and in the absence of a certificate from the collector the subordinate judge's court had no jurisdiction to entertain the suit.18. ..... 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. ..... by the learned government pleader is that the subordinate judge's court of chittor had no jurisdiction to entertain the suit by reason of the provisions of section 4 of the pensions act (xxiii of 1871). ..... section 6 gives jurisdiction to a civil court to entertain a claim regarding pension, grant of money or land revenue upon receiving a certificate from the 'collector, deputy commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of government to pay any such pension or grant as aforesaid is affected ..... no doubt in granting a village the government would take into account what the government would lose by way of beriz, but when it wants to benefit a public servant by granting land it would take into consideration what he would derive from the land and not .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad1246
..... 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, pensions act, 23 of 1871, or that if it was a grant of land alone section 4 would have no application. ..... the suit was brought for partition and objection was taken to the maintainability of the suit under section 4, pensions act, 23 of 1871. ..... a and the circumstances attendant upon the grant to mahomed moosa in 1821, we come to the conclusion that what was granted to him was only land revenue and not land and, therefore, the provisions of section 4, pensions act, are applicable to this case and in the absence of a certificate from the collector the subordinate judge's court had no jurisdiction to entertain the suit.27. ..... section 6 gives jurisdiction to a civil court to entertain a claim regarding pension, grant of money or land revenue upon receiving a certificate from the:collector, deputy commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of government to pay any such pension or grant as aforesaid is affected directly or indirectly.6. ..... no doubt in granting village the government 'would take into account what the government would lose by way of beriz, but when it wants to benefit a public servant by granting land it would take into consideration what he would derive from the land and not what the government .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom81
..... 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. ..... 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 ..... 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 ..... 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. ..... it was held 'that the words 'relating to' were wide enough to include any suit to enforce such a claim provided it related to a pension or grant of money or of land-revenue; it was immaterial whether the claim was based on an agreement between the parties or arose out of any other legal right or liability and whether it was a claim for a share by way of partition or maintenance ..... for her maintenance out of a cash allowance, which was received by the latter from government. ..... for the administration of the estate of a deceased man, in which some question relating to land-revenue might arise in working out the ordinary accounts and enquiries. .....
Tag this Judgment!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 ..... 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. ..... 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. ..... further developed by the learned chief justice, although this might seem to imply that if the plaint was confined to a request for a declaration that they were entitled to receive a share of the revenue from the village officers a certificate would be necessary, and that the certificate was not necessary because the claim extended to a share of ..... sharers to the extent of one anna four pies in the jahagir village, and that the plaint was not confined to a mere request for a declaration that they were entitled to receive a share of the revenue from the village officers and nothing more.4. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)23MLJ687
..... 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 right for which such pension or grant may have been substituted. ..... all claims relating to the 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. ..... the latter case the privy council 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. ..... and decided merely that where the grants is of the land itself, section 4 of the pensions act does not apply. ..... are therefore of opinion that the suit is barred by section 4 of the pensions act. ..... ca?e is only authority for the 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. ..... the act contemplates money payments to be received through the collector or recovered from persons bound to pay .....
Tag this Judgment!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 ..... 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 ..... swamirao was a case in which article 131 was not held applicable, the plaintiff being an inamdar whose right, title and interest had been purchased in execution of a money decree against him by the defendant many years prior to the suit, no attempt having been made by the inamdar to levy assessment or to recover possession for over ..... a careful study of the third column of the schedulereveals an outstanding fact which cannot be ignored, namely, that the starting point of limitation does not always synchronise with the cause of action; in many cases it does, but in others it dates from some specified events which again are either anterior or posterior to the accrual of the cause of action.this view received confirmation in the judgment of the privy council in lasa dm .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR959; 58Ind.Cas.331
..... and rulings of this court, if there is a grant of the royal share of the revenue, and nothing more, and a claim arises in relation to that grant, the claim cannot be heard by a civil court without a certificate; for so it is provided by section 4 of the pensions act.. ..... no certificate was necessary under section 4 of the pensions act. ..... it seems to me, therefore, that in this case a certificate under the pensions act is not necessary, and that the appeal must as proposed be remanded to be decided on its ..... finding on that issue was that the grant in suit was of the soil, and not of the land revenue only, and that a certificate under the pensions act was not necessary. ..... if there is a grant of something 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. ..... the subordinate judge a preliminary issue was framed: is a certificate under the pensions act necessary? ..... claimed a declaration that they were rharers to the extent of one anna four pies in the jahagir village, and that the plaint was not confined to a mere request for a declaration that they were entitled to receive a share of the revenue from the village officers and nothing more. ..... the plaintiff brought this suit praying that it might be declared that plaintiffs 1 and 2 had a one anna four pies share in the jahagir vallage of kanoshi, and that it might be declared that they were entitled to receive rs. .....
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