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Search Results Judgments > Act:maintenance and welfare of parents and senior citizens act Section 24 Court:Punjab

May 28 2014

Paramjit Kumar Saroya Vs. The Union of India and ...

  • Decided on : 28-May-2014

Court : Punjab and Haryana

... support of the parents and senior citizens is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act). However, in the urgent need for the said enactment, we do feel that possibly the fine tuning of certain provisions has escaped attention as is being elucidated by us hereinafter. The very statement of objects and reasons of the said Act has ... order of the Tribunal .. This is how Section 15 reads. It does not say an appeal only by a senior citizen or parent. However, sub section (1) of Section 16 refers to any senior citizen or a parent aggrieved by an order of the Tribunal .. This seeks to give an impression on a plain reading as if only a senior citizen or parent can prefer an appeal and, thus, ... , and which all collectively create."Sharma Amodh 2014.05.31 11:40 I attest to the accuracy and integrity of this document chandigarh CWP-7282-2010 (O&M) 24 CWP-12340-2010 (O&M) In the aforementioned case, therefore, some words were read into and the plain and natural construction was not given. . We cannot express them ... in Section 2 of the said Act are followed by Section 3 which gives the provisions of the Act an over-riding effect notwithstanding anything contained inconsistent therewith in any other enactment. Maintenance of parents and senior citizens is contained in Chapter II starting from Section 4. The obligation of the children or relative Sharma Amodhto maintain a senior citizen extends to the needs of a senior 2014. ...

Mar 18 2013

HIGH COURT OF PUNJAB AND HARYANA AT Vs. M/s. Atma Tube Products Ltd. & ...

  • Decided on : 18-Mar-2013

Court : Punjab and Haryana

... without any definition. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 defines relative . [Section 2(g)].which means any legal heir of the childless senior citizen who is not a minot and is in possession of or would inherit his property after his death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast ... heir . are relatable to some other rights given to a victim under the Code including the one under proviso to Section 24(8) to engage an advocate with the permission of the Court and the other substantive right to appeal under proviso to Section 372 of the Code. CRM-790-MA-2010 final - 37 - (64).The right to engage an advocate given ... death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast a duty on the Trust Committee to make payment out of the welfare fund to the members of the fund or their nominees or legal heiRs.The Merchant Shipping Act, 1958 (Section 141) also contemplates payment of compensation to a ... heir of the childless senior citizen who is not a minot and is in possession of or would inherit his property after his death .Such a relative is obligated to maintain a senior citizen as per Sections 4&5 of the 2007 Act. The Advocates Welfare Fund Act, 2001 (Section 11) cast a duty on the Trust Committee to make payment out of the welfare fund to the ...

Sep 26 2013

Present : Mr. Puneet Bali Senior Advocate with Vs. Union Territory ...

  • Decided on : 26-Sep-2013

Court : Punjab and Haryana

... Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (hereinafter referred to as the said Act). The appellants have made it clear that they do not want any maintenance from their son i.e. respondent No.7. It is stated that the appellants have no other efficacious remedy on account of failure of respondents No.1 to 6 to make appropriate arrangements under the said Act ... Act.30. Chapter-II of the said Act deals with the maintenance of parents and senior citizens while Chapter-IV deals with the medical care. However, since the appellants before us are claiming neither, we are not delving these provisions in any detail. The relevant Chapter-V provides for protection of life and property of senior citizens. Section 21 provides for measures of publicity, awareness etc. for welfare of senior citizens, while Section ... the property and remaining will have to be vacated by him forthwith. On this, learned counsel for respondent No.7 sought time to obtain requisite instructions.24. On 27.08.2013, the sale-deed dated 29.03.1962 in respect of the property in question in Chandigarh was taken on record and ... Section 18 of the said Act vide order dated 17.04.2012. It has been emphasized that Chandigarh police has been taking special care of the security needs of old persons living alone, inter-alia by establishing a toll free helpline. The State Council of Senior Citizens in terms of sub clause (2) of Rule 21 under Chapter VII of The Maintenance and Welfare of Parents and Senior Citizens ...

Mar 14 2007

Jindal Strips Limited and Anr. Vs. State of Haryana and Ors.

  • Decided on : 14-Mar-2007

Court : Punjab and Haryana

Reported in : (2008)12VST149(P& H)

... 23. Health and sanitation, including hospitals, primary health centres and dispensaries.24. Family welfare.25. Women and child development.26. Social welfare, including welfare of the handicapped and mentally retarded.27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and Scheduled Tribes.28. Public distribution system.29. Maintenance of community assets. Twelfth Schedule:1. Urban planning including town planning. ... The aforesaid observations were made negativing the said contention. The court further observed:.if the taxes or cesses recovered under an Act are not dealt with in the manner prescribed by the Constitution, what remedy a citizen may have and how it can be enforced, are questions on which we express no opinion in this appeal.59. Their ... industry in the State of Bihar. The conclusions reached were as under:(i) The levy under the Parent Act of 1993, before its amendments, was not compensatory in character, and was, therefore, violative of Article 301 of the Constitution.(ii) The Parent Act of 1993, before its amendments, was nevertheless saved by virtue of Article 304(b) of the ... to audit and accounting in accordance with the established procedures. It was open to the Legislature to make reasonable classification or to grant exemption.27. Shri Uday Lalit, Senior Advocate, submitted that provision for utilisation of at least 60 per cent of the tax collected for development, facilitating freeflow of trade and commerce was consistent with ...

Feb 14 1974

Sucha Singh Bajwa s/o Sadhu Singh Bajwa Vs. The State of Punjab throug ...

  • Decided on : 14-Feb-1974

Court : Punjab and Haryana

Reported in : AIR1974P& H162

... Act; Section 22 provides for indemnity to the authorities under the Act; Section 23 provides for penalty for making a false statement; Section 24 provides for the mode o recovery of any amount payable under the Act; Section 25 deals with the power to remove difficulties; Section 26 gives the power to the State Government to make rules; Section 27 enumerates the exempted lands to which the provisions of this Act ... even in regard to such a promotion to a selection post, all that Article 16(1) all citizens who enter into service. There was no question of discrimination on the ground of sex.16. Lastly ... time dependent on their father or mother for their maintenance till they are able to support themselves. It has however, not been provided by the Act that the permissible area so selected by the husband ... 31 of the Constitution.13. Shri H. L. Sibal, the learned Senior Advocate for the petitioners, has then argued that Section 5 of the Act is unconstitutional as it offends Article 15 of the Constitution. The ... Section 10 of the Act provided that--'The Government shall, after reserving extent of the private forests vested in the Government under sub-section (1) of Section 3 or of the lands comprised in such private forests as may be necessary for purposes directed towards the promotion of agriculture or the welfare ... by the members of that family with regard to the land of or in the family of her parents. This feeling was so strong that the landowners preferred that in the absence of male lineal ...

Oct 21 1997

Kaka Vs. Hassan Bano and Anr.

  • Decided on : 21-Oct-1997

Court : Punjab and Haryana

Reported in : II(1998)DMC85

... Act. The legislative intention and language of the provisions appears to be more in line with the settled principles adopted by the Courts while granting maintenance to an Hindu woman, on the basis of ingredients specified under Section 24 of the Hindu Marriage Act. The provisions of Section 3(l)(a) read with the provisions of Section 3(3) the Act ... Court in the case of Shah Bano (supra) and was enforced without an element of disparity between the citizens of this country. However, the enactment of the Act turned the situation fluid against the controversy in various fields erupted as a result thereof. We are primarily not concerned with the ... birth of the child concerned under Section 3(1)(b) of the 1986 Act. In other words Section 3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parent to claim maintenance from their father under Section 125, Cr.P.C. till ... Rule 13 cannot be sustained. The retrospective amendment of Rule 13 takes away the vested right of respondent 1 and other general category candidates senior to respondents 2 to 9. Therefore, Rule 13, to the extent it has been made operative retrospectively, is unreasonable, arbitrary and, as such, ... and dignity of an individual and with particular regard for welfare of the women guaranteed in the provisions of the Constitution, does not permit us to interpret even on the principle of necessary implication, the provisions of this Act to hold that an order passed by a Court of ...

May 30 2009

Gurleen Kaur And Ors. Vs. State of Punjab And Ors.

  • Decided on : 30-May-2009

Court : Punjab and Haryana

Reported in : AIR2009NOC2988(F.B)(P&H)

... deal with the provisions of Articles 29(1) and 30(1) relatively quickly. Under Article 29(1) every section of the citizens having a distinct language, script or culture of its own has the right to conserve the same. Under ... Act, 1971. 49. The Delhi Sikh Gurdwara Act, 1971 and the various provisions thereof having a bearing on the present controversy were brought to our notice by Mr. KTS Tulsi, Senior Advocate, Mr. H.S. Phoolka, Senior Advocate and Mr. D.S. Patwalia, Advocate. 50. Just like the Gurdwara Act of 1925, so also, the Gurdwara Act ... maintenance or service of Notified Sikh Gurdwaras. 112. Separate funds to be maintained for each Trust. The Board shall establish and maintain a separate fund in respect of each Trust held in accordance with the provisions of clause (iii) of section 109 or of section ... religious minorities the fundamental right to establish and administer educational institutions of their choice is to give the parents in those communities an opportunity to educate their children in institutions having an atmosphere which is congenial ... given to the State by sub-clause (b) under which the State can legislate for social welfare and reform even though by so doing it might interfere with religious practices..." Article 26 of ... religious group or institution are not matters of religion to which clause (b) of the Article applies " 24. What constitutes "matters of religion" can also be determined from the following observations recorded in the aforesaid pronouncement: - ...

May 20 1994

Mrs. Jacqueline Kapoor Vs. Surinder Pal Kapoor

  • Decided on : 20-May-1994

Court : Punjab and Haryana

Reported in : AIR1994P& H309; I(1995)DMC159; (1994)108PLR544

... parents divorced each other. Her mother began to live with another man for a couple of years and ultimately married him. She was only thirteen years of age at that time. However, after the parties to this litigation married, they went to Germany and Dusseldorf Government provided them shelter and maintenance ... 24, 1994 at 10 a.m. The Warrant Officer so deputed did not find either respondent or the minor child at Ambala and rather found that respondent along with child had shifted elsewhere and his whereabouts were not known. The Court then directed the Senior ... the Courts in India. ,2. Mrs. Jacqueline Kapoor (hereinafter to be referred to as petitioner) is admittedly a German national citizen living in Dusseldorf in the Federal Republic of Germany since her birth and is the mother of female minor child who ... not come to a valid end. However. the complaint once withdrawn cannot be reinstituled. It is in view of this section i.e. 77d that it is undertaken by learned counsel appearing for the petitioner that the complaint shall be withdrawn. ... constant and without change. That being so, it was further observed that sole guideline for the decision being the child's welfare, there was no occasion or necessity for any such change and there were no clues that the education and caring ... . 21 and 226 of the Constitution of India with the aid of Ss. 12 and 25 of the Guardians and Wards Act, 1890 and Ss. 13 and 14 of the Code of Civil Procedure, The question that requires adjudication is, thus, as ...

May 17 2013

Present: Mr.Puneet Bali Senior Advocate with Vs. Union Territory, C ...

  • Decided on : 17-May-2013

Court : Punjab and Haryana

... of senior citizens and parents. Suffice it to notice that a legislation called The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is already in place. This is a comprehensive enactment covering the issues relating to maintenance of parents/senior citizens, establishment of old age homes, providing for medical care of senior citizens and protection of life and property of senior citizens. The provisions contained in the Act ... disposed of with a direction to respondent No.3 i.e. Senior Superintendent of Police, U.T., Chandigarh or any other Officer deputed in this regard to visit the petitioners at their residence i.e. House No.642, Sector 11-B, Chandigarh within 24 hours from the communication of this order, interact with them ... maintenance of parents/senior citizens, establishment of old age homes, providing for medical care of senior citizens and protection of life and property of senior citizens. The provisions contained in the Act are exhaustive and strict adherence to the same would go a long way to achieve the very object for which it was enacted i.e. to provide for the maintenance and welfare of parents and senior citizens ... by respondent No.7. iii)Issuance of directions for creation of a 'Special Cell' to deal with the complaints of senior citizens and parents who have been threatened/traumatized by their own children.3. Learned Senior Counsel appearing for the petitioners would advert to the averments made in para 9 of the petition to submit that ...

Mar 11 2014

Rati Ram @ Rattan Lal and another Vs. State of Haryana and others

  • Decided on : 11-Mar-2014

Court : Punjab and Haryana

... view the fact that the petitioners are old parents and petitioner No.1 is a retired Armed Personnel, necessary relief of maintenance can be given, in case they apear before the Maintenance Tribunal at Mahendergarh or Narnaul, which can look into the grievance of the petitioners under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Court has exercised jurisdiction under ... of the petitioners under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Court has exercised jurisdiction under Articles 226/227 of the Constitution of India in Justice Shanti Sarup Dewan's case (supra) only for the reason that there was no proper forum provided by the U.T., Administration, to enable the senior citizens to approach the Court. ... was no proper forum provided by the U.T., Administration, to enable the senior citizens to approach the Court. Mr.C.S.Bakkshi, Addl. A.G., Haryana, on instructions from ASI Kapoor Singh, has informed the Court that Maintenance Tribunal for the welfare of the parents and senior citizens is provided at Mahendargarh and Narnaul. Accordingly, this petition is disposed of ... otheRs.decided on 26.09.2013 (Annexure P-6).whereby a direction was given to the private respondents to vacate the property belonging to the appellants. The concerned Senior Superintendent of Police was also directed to ensure enforcement of the said order. The petitioners had filed a civil suit for permanent injunction against the private respondent ...

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