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Smt. Suman Wd/O Mahadeorao Wagh vs Smt. Leelabai Wd/O Mahadeorao Wagh And ... on 30 August, 2018
cites
Nitu vs Sheela Rani And Ors on 28 September, 2016
Though it was strenuously urged by the learned counsel for the
appellant that the provisions of the Act of 1956 have been made inapplicable
in the matter of grant of pension, the said judgment indicates that it has
been held therein that the rights of the parties would be governed by the
relevant Scheme and only the person entitled as per that Scheme would get
the pension. It is not the ratio of that decision that the provisions of Act of
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1956 have been made inapplicable in the matter of grant of family pension.
Be that as it may, the ratio of this decision does not take the case of the
appellant any further in view of the fact that the provisions of Rule 116(6)
Ramabai Gulabrao Jamnik vs State Of Maharashtra, Through ... on 20 June, 2017
The aforesaid judgment has been followed by the Division
Bench in Ramabai Gulabrao Jamnik (supra) as well as by learned Single
Judge in Kunda Rushi Meshram vs. Suhila Rushiji Meshram decided on 19th
December 2017, 2017 Law Suit (Bom) 2697. The other decisions relied do
not support the case of the appellant. Hence substantial question of law
No.(i) is answered by holding that the appellant is not entitled to receive
family pension along with other service benefits.
Badshah vs Sou. Urmila Badshah Godse & Anr on 18 October, 2013
VII) Badshah vs. Urmila Badshah Godse and anr. (2014) 1 SCC 188.
Section 8 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 [Entire Act]
The Code of Civil Procedure, 1908
The Hindu Succession Act, 1956
The Hindu Marriage Act, 1955
Zilla Parishad Nagpur, Thr. Its Chief ... vs Shrirang S/O Wadguji Wanjari on 5 February, 2016
5. The learned counsel for respondent No.1 supported the impugned
judgment. According to her the provisions of Rule 116(6)(a) of the said
Rules have been interpreted by the Division Bench of this Court and the law
as laid down therein was binding and would have to be followed. It was
submitted that the decision sought to be relied upon by the learned counsel
for the appellant did not exclude the application of the Acts of 1955 and
1956. Both the Courts rightly held that as the marriage of defendant No.1
was not legal and valid, it having been performed during subsistence of
earlier marriage the defendant No.1 was not entitled to the service benefits.
The learned counsel placed reliance on the decision in Kunda Rushi
Meshram vs. Sushila Rushiji Meshram 2017 Law Suit (Bom) 2697 and Zilla
Parishad Nagpur Through its Chief Executive Officer vs. Shrirang s/o Wadguj
Wanjari and ors. Second Appeal No.2/2014 decided at the Nagpur Bench on
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30/04/2014 in support of her submissions.
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