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
..... 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 .....
Tag this Judgment!Court : US Supreme Court
..... an office from which he is not removable at the will of the executive, and, being so page 5 u. s. 173 appointed, he has a right to the commission which the secretary has received from the president for his use. the act of congress does not, indeed, order the secretary of state to send it to him, but it is placed ..... of the commissioners, found it necessary to pursue the mode prescribed by the law subsequent to that which had been deemed unconstitutional in order to place themselves on the pension list. the doctrine, therefore, now advanced is by no means a novel one. it is true that the mandamus now moved for is not for the performance of an ..... those persons who had been reported by the judges, as commissioners, were entitled, in consequence of that report, to be placed on the pension list was a legal question, properly determinable in the courts, although the act of placing such persons on the list was to be performed by the head of a department. that this question might be properly settled .....
Tag this Judgment!Court : US Supreme Court
..... first establishment, separate and distinct societies, dependent on no other society of men whatever. they continued at the head of their respective governments the executive magistrate who presided over the one they had left, and thereby secured in effect a constant amity with the nation. in this stage of their government their several boundaries were fixed ..... our lord one thousand seven hundred and ninety-three, thomas jefferson, esq. then secretary of state for the united states, made a report to the then president of the united states which was intended to serve as a basis of instructions to the commissioners of the united states for settling the points which were then ..... have been felt for the state sovereignties, it is not to be disguised that the framers of the constitution viewed with some apprehension page 10 u. s. 138 the violent acts which might grow out of the feelings of the moment, and that the people of the united states, in adopting that instrument, have manifested a .....
Tag this Judgment!Court : US Supreme Court
..... from the dominions of the king, remain in possession of spain and annexed to west florida." on the 21st of october, 1803, congress passed an act to enable the president to take possession of the territory ceded by france to the united states, in pursuance of which commissioners were appointed, to whom monsieur laussatt, the commissioner ..... mainly depends -- that spain retrocedes louisiana with the same extent that it had when france possessed it -- might so readily have been expressed page 27 u. s. 307 in plain language that it is difficult to resist the persuasion that the ambiguity was intentional. had louisiana been retroceded with the same extent that it had ..... european spain affected her influence over her colonies, and a degree of disorder prevailed page 27 u. s. 308 in the floridas at which the united states could not look with indifference. in october, 1810, the president issued his proclamation directing the governor of the orleans territory to take possession of the country as far .....
Tag this Judgment!Court : US Supreme Court
..... an auditor was authorized to do, but what the head of the department should have done in sanctioning an equitable allowance. the act of 27 march, 1804, by which the president of the united states was authorized to attach to the navy yard at washington a captain of the navy for the performance of ..... , to take from one officer certain duties which the law has devolved upon him and require another to discharge them. by the act of 27 march, 1804, the president was authorized to "attach to the navy yard at washington city, and to frigates and other vessels laid up in ordinary in the ..... in payments of fall's pension. . . . . . . . . . . . . . . . . . . . . . 6.00 --------- $1,677.29 by this sum deposited to the credit of the treasurer of the united states, 3 august 1829 . . . . . . . . . . . . . . . . 688.33 --------- balance due the united states, by statement examined by comptroller, 12 august, 1829 . . . . . . . . . . . . . . . . $ 988.96 "thomas h. gillies, act. 4th aud. " page 32 u. s. 10 mr. .....
Tag this Judgment!Court : US Supreme Court
..... is now standing against him on the books at this office." "william lee, 2d auditor" " return of marshal " "cepi, released by order of the president of the united states, herewith returned." "t. ringgold, marshal" " president's order of discharge " "to the marshal of the district of columbia. whereas john gates, jr., of the county of albany in the district of new ..... directed to the marshal, after reciting that gates had complied with the requisites of the act of 3 march, 1817, authorized him to discharge the said gates from his custody and out of the prison. this law, 6 l.u.s. 247, gives to the president full power to order such discharge upon such terms and conditions as he may think proper ..... set up by way of defense a claim which had been rejected at the treasury for services as agent for the payment of the navy pension fund, and to which claim this page 33 u. s. 164 court thought him equitably entitled. it is there said by the court that this action is for a sum of money which happens .....
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 .....
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