Court : Gujarat
Reported in : (1986)2GLR1240
..... , allowances and privileges as will be determined by parliament available to the president of india, the president's pension act, 1951 goes against the constitutional provisions, but he says he is not concerned with regard to the payment of pension to the president of india. the party-in-person also pointed out article 97 which ..... assembly. they have fixed up in the said act the necessary criteria to receive the pension and such a decision is within the legislative competence of the state legislature and cannot in any way be said either unconstitutional or against the nation's interest. no doubt the words 'pension', 'allowance', privilege', 'salary', 'remuneration', ..... that capacity.9. thus, from the foregoing discussion, we have absolutely no hesitation in coming to the conclusion that the gujarat legislative assembly members' pension act, 1984 is intra vires the constitution and that the state government has ample legislative competence to promulgate such a law. for all these reasons, .....
Tag this Judgment!Court : Supreme Court of India
..... accommodation to such persons.23. the union of india in its affidavit dated 13th december, 2006 has contended that aspect of emoluments and pensions of former president and vice president of india is governed by president s emoluments and pensions act, 1951 and vice president s pension act, 1997 and rules framed there- under. the facilities provided to the prime minister are also governed by office memorandum dated 6.12.1991 ..... -chief ministers of the state. it is also contended that the matter deserves to be examined further in the light of the provisions of the president s (emoluments and pension) act, 1951. the further contention is that the former presidents and the prime ministers are also allotted residential accommodation after they cease to hold those positions. in our view, the writ petition raises important questions .....
Tag this Judgment!Court : Supreme Court of India
..... the speaker and the deputy speaker of parliament and state legislatures. the vice president's pension act, 1997 has an 6 section 2. (1) pension to retiring presidents. there shall be paid to every person who ceases to hold office as president, either by the expiration of his term of office or by resignation of ..... , 1951 provides for the payment of pension and other facilities to the retiring president.6 8. article 75(6)7 and article 164(5) respectively speak of the salaries and allowances of ministers ..... president s office.- the president shall be entitled without payment of rent to the use of his official residence and shall be also entitled to such emoluments, allowances, and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule. 4 pension act .....
Tag this Judgment!Court : Supreme Court of India
..... the speaker and the deputy speaker of parliament and state legislatures. the vice president's pension act, 1997 has an 6 section 2. (1) pension to retiring presidents. there shall be paid to every person who ceases to hold office as president, either by the expiration of his term of office or by resignation of ..... , 1951 provides for the payment of pension and other facilities to the retiring president.6 8. article 75(6)7 and article 164(5) respectively speak of the salaries and allowances of ministers ..... president s office.- the president shall be entitled without payment of rent to the use of his official residence and shall be also entitled to such emoluments, allowances, and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule. 4 pension act .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2081; 2003(3)WLC690
..... superannuation provided under the rajasthan higher judicial service rules?3. after date of retirement from the higher judicial service's, if the person still continues as president of the consumer forum to complete the tenure provided under the act, whether he will continue to get the same salary last drawn by him or usual salary of a ..... impugned order to the effect that dearness allowances, city compensatory allowance and other allowances payable to the petitioner only on the salary after deducting the amount of pension. i also find no jurisdiction in denying him officiating allowance, car-allowance and other allowances by treating him a retired district judge by retired district judge by ..... and retired during tenure of 5 years in consumer forum from rhjs, there is no jurisdiction to give him the benefit of salary as president of consumer forum in addition to pension as pension has not been earning in a day or two, it is earning of the whole tenure of his service period. therefore, there is .....
Tag this Judgment!Court : Kolkata
..... this, no principle was discussed therein. however, having given our full consideration, we find there is deliberate change in the language in the later act, revealing the intent of the legislature, viz., to confer wider ..... payable under the motor vehicles act. in n. sivammal v. managing director, pandian roadways corporation : air1985sc106 , this court held that rs. 10,000/- receivable as monetary benefit to the widow of the pension amount, the deduction of which is not qualified. so, though deduction of widow's pension was not accepted but for ..... decision has been placed before us of this court, determining any principle of deductibility of any amount, like, life insurance, gratuity, pension etc., from the amount payable under the motor vehicles act. in sheikhupura transport company ltd. v. northern india transporters insurance co. ltd. : air1971sc1624 , this court did consider the case .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal192
..... there is nothing in the english statute corresponding to the words in section 60(2), presidency towns insolvency act, which i have described as causing an insuperable difficulty. in my opinion it is impossible to say that the insolvent's pension is liable to attachment in the execution of a decree; and if this is so, the court will have no jurisdiction under section ..... the court into a position to make an order under another section of the insolvency act for the benefit of the creditors generally. now, it is conceded that a pension payable by government is not 'property' of the insolvent within the meaning of section 17, presidency towns insolvency act, which vests in the official assignee on the making of the order of adjudication. this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1996Mad277; (1996)IMLJ164
..... the time of discharge. that, however, does not dispose of the question .before us which is whether the court should have made an order of adjudication, for under s. 21, presidency town insolvency act, where in the opinion of the court a debtor ought not to have been adjudged insolvent the court may annul the adjudication. in this case it has been held ..... the case in ex purte painter in re painter, a debtor who had been ordered to pay his debts by instalments and who had no other means except an inalienable pension, applied for adjudication, and it was held although his object was to get rid of the oppression of his creditor that was not a sufficient ground for refusing him an ..... on the ground that in that case the debtor was unable to pay off his debts. it is also argued that both under the provincial insolvency act of 1907 and under the presidency town insolvency act it is only necessary for a debtor to make a statement that he is unable to pay his debts and that the truth of the statement is .....
Tag this Judgment!Court : Delhi
Reported in : 2000VAD(Delhi)749
..... measure of punishment for an offence, though it fit to deprive them of. it is then in the discretion of the president acting under regulation 16(a) to forfeit a part of whole of their pension. this discretion is not absolute. merely because the punishment of cashiering, dismissal or removal has been imposed by the court martial ..... india & others vs . tulsiram patel', : (1985)iillj206sc , the respondents ought to have considered the case of the petitioner for the grant of pension. 39. the learned counsel for the petitioner, mr.j.s.manhas, heavily relied on a judgment of this court in 'a.k.malhotra v. union of india & others', 1997 (4) slr 151. in ..... circumstances which were taken into consideration by the disciplinary authority have been sufficiently set out in the order of compulsory retirement, they being that the respondent's conviction under section 332 of the indian penal code and the nature of the offence committee which led the disciplinary authority to the conclusion that the further .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom439; (1935)37BOMLR763; 160Ind.Cas.846
..... were to take, under muham-madan law or otherwise.51. we believe no trust was created and consequently that government's acts were acts of state-and that the accumulation was therefore a pension to which section 4 of the pensions act would apply, and that plaintiff cannot sue without a certificate from the collector, and that the suit is also barred by ..... india has that effect. in 1916, this would have offended against the provisions of sections 13, 14 and 15 of the transfer of property act : but since that act was only applied to the-presidency after 1886, this objection would probably not apply to this case.50. to sum up, the facts are clear and the intention of the ..... as indicated for the benefit of, among others, the plaintiff, as a descendant of the nawab of surat.40. since the indian trusts act of 1882 had not at that date been applied to this presidency, section 5 would not presumably ''apply, though it is admitted that section 6 which enacts the ordinary law on the subject would do .....
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