January 2020

SENIOR CITIZEN :  The Punjab Action Plan, 2014 is at the most in legal status equal to a notified Government Order or an Office Memorandum devised outside the Parent Act and the Punjab Rules, 2012 lending power to evict and the District Magistrate acting as a Maintenance Tribunal under Section 7 to decide “upon the order for maintenance under section 5” of the MWPSC Act does not possess the draconian power of eviction from property. It is non-statutory for eviction and therefore impermissible and unsustainable in law.

By | January 26th, 2020|Senior Citizen|

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May 2018

Negation of Gift Deed—Application was filed for multiple reliefs but court wrongly assumed that application was only under Section 22 and granted only maintenance—In appeal High Court without issuing notice to opposite party as it would unnecessary cause delay and inconvenience to old helpless person; remanded matter to tribunal for fresh consideration under S.23,  

By | May 23rd, 2018|Senior Citizen|

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December 2017

Senior Citizens—Once there is a tribunal of three members, the District Magistrate has no jurisdiction to take decision alone and the decision has to be taken unanimously or by way of majority.

By | December 8th, 2017|Senior Citizen|

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Senior Citizens—Eviction of Son—Parents filing application for eviction of son during pendency of civil suit by son claiming ownership—Application is maintainable.

By | December 1st, 2017|Senior Citizen|

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November 2017

Senior Citizens—Eviction—Son had contributed to the finances for the purchase of property—Not a relevant factor to decide the application.

By | November 18th, 2017|Senior Citizen|

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October 2017

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.22–Execution of Orders-Deputy Commissioner is empowered to direct the police authority to implement the orders passed under the Act—Senior Citizen would be entitled to take recourse to mechanism provided under the Act and Rules-Contempt petition is not maintainable.

By | October 19th, 2017|Senior Citizen|

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July 2017

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.22–Shared household–The daughter-in-law cannot be said to have a right in the house of father-in-law/mother-in-law, who lodged a complaint against the parents of husband and caused harassment to old aged in laws.

By | July 24th, 2017|Senior Citizen|

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Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.2(g) & S.4– Eviction—Petitioner has petitioner has no relation whatsoever with respondent except that of landlord and tenant

By | July 22nd, 2017|Senior Citizen|

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Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.32 & S.22– Eviction of Children-Petitioner (Father and Senior Citizen) disowned his son by giving notice in newspaper and permission to stay with him stands withdrawn-

By | July 16th, 2017|Senior Citizen|

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June 2017

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 & S.27– Eviction Order-Challenged-Father was a senior citizen and absolute owner of the house-Son and daughter in law forcibly took possession of first floor of house—Held; Both are only licencee—No illegally or perversity in impugned order-Order Upheld.

By | June 22nd, 2017|Senior Citizen|

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December 2016

October 2016

Eviction-Maintenance-The Act contemplates two remedies, one of summary eviction and another of maintenance, the forum of deciding both these remedies are separate-Therefore, initiation of two separate proceedings for eviction and maintenance, arising out of same complaint, is justified

By | October 22nd, 2016|Senior Citizen|

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Protection of Women from Domestic Violence Act. 2005 — S.12—Eviction – Shared Household-Petitioner was residing in house fully owned by her father-in-law-Father-in-law and Mother-in-law became US Citizens and returned to India to permanently settle in their house in their advance age (79 and 75 years)

By | October 19th, 2016|Domestic Violence, Senior Citizen|

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