Salary Allowances And Pension Of Members Of Parliament Amendment Act 2006 Section 6 - Judgment Search Results

Janaki Ballav Patnaik Vs. State of Orissa

Court : Orissa

Reported in : 1995CriLJ1110

from 14 6 1981 to 27 11 1989 excepting her salary has not been taken into account by the prosecution in regard to the facility allowances constituency allowances and office expenses allowances paid to smt jayanti patnaik for the purpose of proving check period under the provisions of the salaries allowances and pension of members of parliament act 1954 as well as the as a member of parliament under the provisions of the members of parliament constituency allowance rules 1986 particularly when the aforesaid smt jayanti patnaik were the allowances received by her from parliament had not been taken into account while computing the income it is not legal statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can of the offence under section 13 1 e of the act her salaries as member of parliament from 14 6 1981 the above discussion it seems well settled that at the sections 227 228 stage the court is required to evaluate the during the relevant period amounting to rs 7 45 335 62 paise is not at all taken into account the prosecution

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... to this parliament has enacted the supreme court judges conditions of service act 1958 307 the salary allowances and pension payable to ..... section 5 2 and section 6 6 give veto to two members of the commission which is not contemplated by the amendment section 5 3 and section 6 ..... well the kerala irrigation and water conservation amendment act 2006 passed by the kerala legislature is unconstitutional since .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... act deals with salary section 3 tenure term of office section 4 leave section 5 pension section 6 and other conditions of service section ..... the administrative expenses including salaries allowances and pension of the staff of ..... amendment was that the law made in this behalf by parliament would address the concerns and fear raised by members ..... scc22669 air1997sc301170 2001 6 scc57771 2006 8 scc178 any cause .....

Advocate General, Andhra Pradesh, Hyderabad Vs. Rachapudi Subba Rao

Court : Andhra Pradesh

Reported in : 1991CriLJ613

i to the seventh schedule to the constitution 17 the salaries of the high court judges are specified in the second are specified in the second schedule to the constitution their allowances and rights in respect of leave pension and other conditions to their disadvantage after their appointment their salaries allowances and pension and even the administrative expenses of the high court are no part to play unless not less than two thirds members of each house of parliament and also a majority of ipc nor for that matter any law made either by parliament or the state legislature can fasten any liability civil or other members dr bakshi tek chand opposing sri kamath s amendment expressed the fear that if the state legislature is empowered is to make the high court s power to punish acts of contempt as plenary as the necessity of a particular the cases because of the bar of limitation provided in section 20 of the contempt of courts act s 20 lays not relevant for deciding the questions at issue before us 64 we fully agree with the finding of the division bench

Common Cause, a Registered Society Vs. Union of India

Court : Supreme Court of India

Reported in : AIR2002SC199; [2002(92)FLR287]; JT2001(9)SC593; 2000(5)SCALE78; (2002)1SCC88; 2002(1)SCT225(SC)

entry 73 empowers parliament to legislate in respect of the salaries and allowances of members of parliament entry 97 empowers parliament bharucha c j 1 the salaries and allowances of members of parliament act 1954 was amended by the must be assumed that they are not entitled to receive pension 5 learned counsel drew our attention to the judgment of article 106 reads as under 106 salaries and allowances of members member of either house of parliament shall be entitled to of the seventh schedule to the constitution entry 73 empowers parliament to legislate in respect of the salaries and allowances of amended by the salaries and allowances of members of parliament amendment act 1976 thereby the principal act was renamed the salaries renamed the salaries allowances and pension of members of parliament act and section 8a was introduced giving to members of parliament and must be dismissed 10 no order as to costs section 6 dr arijit pasayat asok kumar ganguly jj suit for always of an age of disability when they demit office 6 reference was made by the petitioner in w p c

Lily Thomas Vs. State of Tamil Nadu

Court : Chennai

Reported in : AIR1985Mad240

which such person was or is in receipt of any salary or any emoluments other than traveling allowance either from any a state shall be entitled to receive such salaries and allowances as may from time to time be determined by the may not include what she calls as membership pension or pension payable to ex members of the legislative assembly or the in the proviso to su sec i the period of membership in the legislative assembly or in the legislative council or in the state list art 245 confers legislative powers on parliament and on the legislatures of the states it determines the amount of pension so paid by virtue of the said amendment act the increase shall be given effect only on and enacting of the act and she would concede that the act is perfectly valid having the sanction of arts 547 of pension articles 186 and 195 of constitution of india and section 12b of tamil nadu payment of salaries act 1951 constitutionality an otherwise perfectly valid legislation within ambit of the constitution 6 in the oft quoted decision of the supreme court in

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

high court be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law made by parliament and until so determined to such allowances and rights as are specified in the second schedule the salary is protected by the constitution and the allowances and pension and other benefits conferred on him by the high court constitution iii inadmissible material in the form of speeches of members of the constituent assembly including dr amedakar were used and utterances of the union ministers both within and outside the parliament have given the impression that the central government had been mr shanti bhushan pointed out that prior to the 42nd amendment of the constitutional in 1976 there was no express provision authority but it is settled law that ordinarily he must act on the recommendation of the high court 389 so far establishment and constitution of the federal court was made in section 200 while the constitution of high courts was provided for 1991 3scr417 5 raghunathrao ganpatrao v union of india air1993sc1267 6 r c poudyal v union of india 1993 1scr891 in

M.L. JaIn Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1989SC669; JT1988(3)SC499; 1988(2)SCALE370; (1988)4SCC121; [1988]Supp2SCR496; 1989(1)SLJ178(SC); 1988(2)LC761(SC); 1988(2)WLN344

of the first schedule it is unquestionable that while the salary of judges of the high court is charged on the second schedule 2 every judge shall be entitled to such allowances and to such rights in respect of leave of absence w e f november 1 1986 in place of the pension of rs 21 500 as earlier directed 3 the question of increased pension on similar lines to their employees including members of higher judicial service the said letter goes on to of service act 1954 which is a law made by parliament regulating his right to pension and it reads 15 every law brought about by high court judges conditions of service amendment acts 1986 and 1988 act nos 38 of 1986 and benefits by the high court judges conditions of service amendment acts 1986 and 1988 and pursuant to the office memoranda issued two months from today petition allowed indian evidence act 1872 sections 113 a 113 b dalveer bhandari harjit singh bedi jj and that of shri d r khanna at rs 44 684 per annum who had also retired as judges of the

R. Kuppu Rao Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALT142

..... entitled to pension plus salary in accordance with rule 3 of the andhra pradesh administrative tribunal salaries allowances and conditions of service of chairman vice chairman and members rules 1989 6 counter affidavit ..... salary drawn by member of tribunal in accordance with decision of apex court in precedent rule 3 is not illegal and so petition dismissed cantonments act c a no 41 2006 section .....

Lok Prahari Through Its General Secretary S.n.shukla I.a.s. (retd) Vs. ...

Court : Supreme Court of India

the view of dr ambedkar himself that the matter of salary and 17 speech by dr b r ambedkar on 7th it be advisory of arbitration or appearance ix emoluments and allowances 62 we have already discussed in the substantive part of that court at the relevant stage of time minus the pension this is necessary to maintain the dignity of the judge sources whether it be sitting judges retired judges or prominent members of the bar it is from this pool of talent privileges of an ad hoc judge was left to the parliament to decide the aspect of concurrence of the president was 26 in this it was observed that the process of amendment of the mop could be finalised by the executive in this is an extremely subjective system every chief justice is actually required to solicit names from different sources whether it be constitution has the jurisdiction to try an election petition under section 80 a of the representation of the people act 1951 been prohibited by us in terms of the aforesaid guidelines 63 we also make it clear that emoluments to be paid