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 : US Supreme Court
..... officer or agent of the united states, and all persons participating in the act, are made liable. 9 stat. 59. as the defendant here was not appointed by the president or by a court of law, it remains to inquire if the commissioner of pensions, by whom he was appointed, is the head of a department within the ..... becoming its officers. the constitution, for purposes of appointment, very clearly divides all its officers into two classes. the primary class requires page 99 u. s. 510 a nomination by the president and confirmation by the senate. but foreseeing that when offices became numerous and sudden removals necessary, this mode might be inconvenient, it was provided that, ..... that case, the court said, the term embraces the ideas of tenure, duration, emolument, and duties, and that the latter were continuing and page 99 u. s. 512 permanent, not occasional or temporary. in the case before us, the duties are not continuing and permanent, and they are occasional and intermittent. the surgeon is only .....
Tag this Judgment!Court : US Supreme Court
..... was final on the laws as they stood, and that the petitioner could only appeal to congress. and here it may be safely asked whether the secretary and president, the latter elected by the nation and responsible to the people directly, and to their representatives in congress, each exercising an undoubtedly legitimate authority, were not the ..... that if the payment of the sum stated in the petition shall be commanded by the decision of the court, in consequence of the court's deciding that the pensioners under these acts of congress are entitled to half-pay and rations, or pay and emoluments, of the deceased officers and seamen, then he apprehends the navy ..... individuals are dissatisfied with his decisions." "after this reply, no further application was made to the undersigned, but in february last, a memorial was presented to the president of the united states in behalf of the claimant, by her counsel, in which a reconsideration of the case and his interference were requested, and that" "if .....
Tag this Judgment!Court : US Supreme Court
..... the next session of the legislature, and a different way provided for the relief of the pensioners, and the question as to the construction of the law was not decided in the supreme court. but the repeal of the act clearly shows that the president and congress acquiesced in the correctness of the decision that it was not a judicial power. ..... on by the judges of the new york circuit. these opinions, it appears by the report in 2 dallas, were all communicated to the president, and the motion for a mandamus in hayburn's case, at the next term of the supreme court, would seem to have been made merely for the purpose of having it judicially determined in ..... to the supreme court in cases not enumerated in the constitution was maintained by many jurists, and seems to have been entertained by the learned judges who decided todd's case. but discussion and more mature examination has settled the question otherwise, and it has long been the established doctrine, and we believe now assented to by all .....
Tag this Judgment!Court : US Supreme Court
..... does the working owner of a business (here, the sole shareholder and president of a professional corporation) qualify as a participant in a pension plan covered by the employee retirement income security act of 1974 (erisa or act), 88 stat. 832, as amended, 29 u. s. c. 1001 et seq. the answer, we hold, is yes: ..... minimum participation, vesting and funding schedules, establishes standards of fiduciary conduct for plan administrators, and provides for civil and criminal enforcement of the act. nachman corp. v. pension benefit guaranty corporation, 446 u. s. 359 , 361, n. 1 (1980). title ii, codified in various parts of title 26 of the united states code, amended various ..... a participant, his loan repayment would have been shielded from the bankruptcy trustee s reach. held: the working owner of a business (here, the sole shareholder and president of a professional corporation) may qualify as a participant in a pension plan covered by erisa. if the plan covers one or more employees other than .....
Tag this Judgment!Court : US Supreme Court
..... in any way the complex interrelationships between employees, employers and unions; obviously, much of this is left to the states." motor coach employees v. lockridge, 403 u. s. 274 , 403 u. s. 289 (1971). the pension act "leaves much to the states, though congress has refrained from telling us how much. we must spell out from conflicting indications of congressional will the area in ..... product of collective bargaining. because the 1958 disclosure act was in effect at the time of the crucial events in this case, the expression of congressional intent included therein should control the decision here. [ footnote 7 ] page 435 u. s. 506 congressional consideration of the problems in the pension field began in 1954, after the president sent a message to congress recommending that "congress .....
Tag this Judgment!Court : US Supreme Court
..... of one year, under such regulation as the president may direct. 1 stat. 95. before that provision expired, to-wit, on the 5th of july of the next year, congress enacted that military pensions granted and paid by the states in pursuance of former acts of congress, page 98 u. s. 347 or of acts passed in the then present session, to invalids ..... laws making it an offense punishable in the national courts to detain from a military pensioner any portion of a sum collected in his behalf as his pension. united states v. fairchilds, 1 abb. (u.s.) 74; s.c. 16 am.law reg. 306. pensioners were forbidden by the act of july 29, 1848, to pledge the certificate by anticipation to an agent ..... beyond the time when the money was received by the agent, attorney, or guardian of the pensioner. payment of pensions under the second section of the act page 98 u. s. 352 passed the next year might be made to the widow of the deceased pensioner or to her attorney, or, if he left no widow or no one then living, to .....
Tag this Judgment!Court : US Supreme Court
..... views of congress so conspicuous on the present as well as on many other occasions have induced us to reflect whether we could be justified in acting under this act personally in the character of commissioners during the session of a court, and could we be satisfied that we had authority to do so, we ..... without constitutional authority." "2d. because if, upon that business, the court had proceeded, its judgments (for its opinions are its judgments) might, under the same act, have been revised and controlled by the legislature, and by an officer in the executive department. such revision and control we deemed radically inconsistent with the independence of ..... session, provided in another way for the relief of the pensioners. * page 2 u. s. 411 the circuit court for the district of pennsylvania, consisting of wilson, and blair, justices, and peters, district judge, made the following representation in a letter jointly addressed to the president of the united states on 18 april, 1792: "to you .....
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