This is a single-judge order on a writ petition where the court held that the petitioner's plea regarding family pension entitlement precludes initiating a review petition, thus denying jurisdiction to the court.
Petition disposed of on the grounds of lack of jurisdiction due to improper forum for review/pension plea.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1689 OF 2007
Sau. Anusaya Kondiba Thengal v/s.
.. Petitioner
Smt. Chhaya Raosaheb Thengal and another .. Respondents
Mr. J. Shekhar i/by M/s. J. Shekhar for the petitioner.
CORAM : F.I. REBELLO & R.M. SAVANT, JJ. DATED : 2ND APRIL, 2007
P.C.
Under the Rules whether the widow is entitled to the family pension? If the petitioner pleads any right in respect of any property and/or entitlement of the deceased or any part of the family pension, it will not be open to the petitioner to initiate such review petition in law to which the petitioner is entitled to and the jurisdiction of this court cannot be invoked in this matter. With the above observation, petition disposed of.
(F.I. REBELLO, J.)
3 issues framed by the court
Whether the widow is entitled to the family pension under the rules.
Whether the court has jurisdiction to entertain a review petition where the petitioner pleads rights in family pension.
Whether the petitioner is entitled to initiate a review petition regarding property and family pension entitlement.
Anusaya Kondiba Thengal
Chhaya Raosaheb Thengal
F.I. Rebello
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
