Court : Chennai
..... [no.ii(2)/swnmp/725(b-1)/2009]notification on the appellate tribunal :in exercise of powers conferred under sub-section (1) of section 15 of the maintenance and welfare of parents and senior citizens act, 2007 (central act no.56 of 2007), the governor of tamil nadu, hereby constitutes one appellate tribunal for each district to hear the appeal against the order of the tribunal. ..... it is necessary to extract these notifications which are as follows: notification on the tribunal :in exercise of powers conferred under sub-section (1) of section 7 of the maintenance and welfare of parents and senior citizens act, 2007 (central act no.56 of 2007), the governor of tamil nadu, hereby constitutes a tribunal in each sub-division for the purpose of adjudicating and deciding upon the order for maintenance under section 5 of the said act. ..... this writ petition raises the question of true interpretation of the provisions of the maintenance and welfare of parents and senior citizens act, 2007 (for short mawopasc act) and the rules framed thereunder. ..... pursuant to the enactment, the state government had framed rules known as the tamil nadu maintenance and welfare of parents and senior citizens rules, 2009. .....
Tag this Judgment!Court : Kerala
..... 1.an interesting question of importance arises for consideration in this writ petition in the context of section 23 of maintenance and welfare of parents and senior citizens act, 2007 (hereinafter referred to for brevity, as 'the senior citizens act, 2007'). 2. ..... late gopalakrishnan nair approached the maintenance tribunal under senior citizens act 2007. ..... section 23 of the senior citizens act, 2007 gives right to senior citizens to approach the tribunal to declare any transfer of property, by way of gift or otherwise, after the commencement of the above act, as void, in certain circumstances. ..... section 23 of the senior citizens act, 2007 does not contemplate that the condition should form part as recital in the deed of transfer. ..... therefore, such conditions forming part of gift deed are also reiterated under section 23 of the senior citizens act, 2007. 10. ..... in the absence of any stipulation in the settlement deed, that petitioners shall provide basic physical needs to the late gopalakrishnan nair, document cannot be revoked under section 23 of senior citizens act, 2007. ii. ..... the tribunal revoked the settlement deed by finding that settlement deed is liable to be revoked under section 23(1) of senior citizens act, 2007. ..... the object of section is that transferee is bound to provide all provisions of welfare measures as understood as referable to the word welfare under section 2(k) of senior citizens act. .....
Tag this Judgment!Court : Delhi
..... of the application under section 5 read with section 23 maintenance and welfare of parents and senior the aforesaid discussion, such, cm (m) 1572/2019 page 4 of 8 citizens act, 2007 seeking declaration of transfer of property as void and under section 5 read with section 23 maintenance and welfare of parents and senior citizens act, 2007 seeking grant of interim maintenance is dismissed. 7. ..... 19th july, 2019, an application filed under section 5 read with section 23 of the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter the act ), was dismissed by the ld. ..... so far as the issue of maintenance under section senior citizens act is concerned, the jd no.1 has no right to claim the same from her daughter- in- law as she does not come within the definition of ..... jd is directed to file affidavit with regard to immovably properties owned by her and also appropriate application in case she is seeking a stay on the proceedings under the senior citizen act 2007 with advance copy to the opposite side through any of the prescribed modes, failing which matter shall be proceeded in ..... assuming for the sake of arguments that this court could go into the merits of the decree, i find that the objective of senior citizens act has been served the present settlement agreement / consent decree and the welfare/interest of jd no.1 had been amply taken care of, as it was categorically stated in para (iii) of the terms of settlement that the 50% proceeds of the property shall .....
Tag this Judgment!Court : Karnataka
..... the karnataka maintenance and welfare of parents and senior citizens rules, 2009 are framed under section 32 of the said act. ..... prioritization of the special rights of the disadvantaged group, namely of the elders, has weighed with the legislature, which has enacted the maintenance and welfare of parents and senior citizens act, 2001. ..... nextly the learned counsel brings to my notice the karnataka maintenance and welfare of parents and senior citizens rules, 2009 ( the said rules for short) framed under the said act. ..... action plan for the protection of life and property of senior citizens (1) the district superintendent of police, and in the case of cities having a police commissioner, such police commissioner shall take all necessary steps, subject to such guidelines as the state government may issue from time to time, for the protection of life and property of parents/senior citizens. ..... sri rozario brings to my notice the various provisions contained in the maintenance and welfare of parents and senior citizens act, 2007 ( the said act for short). .....
Tag this Judgment!Court : Supreme Court of India
..... pradesh reorganisation act, 2014; section 5 ( any other officer who is subordinate to him ) of the central goods and services tax act, 2017; section 45 ( an officer subordinate to that government or the ..... officer subordinate to the board ) of the uttar pradesh reorganisation act, 2000; section 26 ( such officer subordinate to the central government or the state government ) of the mahatma gandhi national rural employment guarantee act, 2005; section 22 ( the officer, subordinate to him ) of the maintenance and welfare of parents and senior citizens act, 2007; section 54 ( such officer subordinate to it ) of the legal metrology act, 2009; section 43 ( employees who shall be subordinate to him ) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; section 86 ( any officer subordinate to the board ) of the andhra .....
Tag this Judgment!Court : Delhi
..... case of the appellant before the learned single judge as canvassed by her counsel was that petition filed by dhani ram for eviction was not maintainable as dhani ram had not sought for any relief of maintenance under section 4 of the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter referred to as act of 2007) and that getting rent from the shops on ground floor of the property, he did not require any maintenance and as such the claim for eviction without maintenance was not maintainable.4. ..... ram for eviction was not maintainable as he had not made a request for maintenance as is contemplated under section 4 of the act is lpa5372018 page 4 of 20 concerned, the same was rejected by the learned single judge by relying upon the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016, holding that the said rules entitle a senior citizen to seek eviction of his son, daughter or his legal heir (s) on account of ill-treatment and were framed in aid of protecting the life and property of the senior citizens and not in furtherance of section 4 of the act. ..... in the present case, excluding daughter-in-law from the scope of rule 22(3)(1)(i) of the delhi maintenance and welfare of parents and senior citizens rules, 2009 as amended would debilitate the provisions of the rules and render it incapable to serve the object of section 22 of the act. .....
Tag this Judgment!Court : Karnataka
..... , delivered the following: judgment this appeal is filed aggrieved by the order passed on i.a.no.3 in o.s.no.279/2020 dated 04.01.2021 by the ii additional senior civil judge and jmfc, chickballapura, rejecting the plaint under order 7 rule 11 of code of civil procedure (for short hereinafter referred to as 'cpc') r/w section 3, 23 & 27 of the maintenance and welfare of parents and senior citizens act,2007 (for short hereinafter referred to as senior citizens act, 2007).2. ..... along with written statement, the defendant has filed i.a.no.3 under 3 order 7 rule 11 cpc r/w section 3, 23 and 27 of the maintenance and welfare of parents and senior citizens act, 2007 filed to reject the plaint, contending that the civil court jurisdiction to try this suit is barred as defendant is his mother and senior citizen. ..... , advocate) this regular first appeal is filed under section96of the cpc, against the judgment and decree dated0401.2021 passed on i.a.3 in o.s.no.279/2020 on the file of the ii additional senior civil judge and jmfc, chickballapur, allowing the i.a.no.3 filed under order27 rule11of cpc, r/w sec.3, 23 and27of maintenance and welfare of parents and senior citizen act, 2007 for rejections of plaint. ..... in view of the above discussion, if section 9 cpc, sections 23 and 27 of senior citizens act, 2007 are considered, it is evident that, the jurisdiction of civil court is not excluded to try this suit and provisions of senior citizens act, 2007 has no application to this suit. .....
Tag this Judgment!Court : Delhi
..... ( c ) 6592/2018 page 2 of 11 submitted that the proceedings for eviction are not maintainable as dhani ram has not sought any relief of maintenance under section 4 of the maintenance and welfare of parents and senior citizens act, 2007 (hereafter the act ). ..... the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016 were framed in aid of provisions of section 22 (2) of the act and, thus, must be construed in the widest sense to ensure protection of life and property of senior citizens. ..... in the present case, excluding daughter-in-law from the scope of rule 22(3)(1)(i) of the delhi maintenance and welfare of parents and senior citizens rules, 2009 as amended would debilitate the provisions of the rules and render it incapable to serve the object of section 22 of the act. ..... it appears that dhani ram had mentioned a wrong provision and instead of referring to rule 22(3)(1)(i) of the delhi maintenance and welfare of parents and senior citizens rules, 2009as amended, dhani ram had erroneously mentioned that section 22(3)(2)(1) of the act. ..... the application filed by dhani ram was in terms of rule 22(3)(1) of the delhi maintenance and welfare of parents and senior citizens rules, 2009 as amended by the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016. .....
Tag this Judgment!Court : Karnataka
..... writ petition having been heard and reserved for orders on2404.2024, coming on for pronouncement this day, the court made the following:- order the petitioner is before this court calling in question the order dated 07-07-2021 passed by the 2nd respondent/assistant commissioner under the maintenance and welfare of parents and senior citizens act, 2007 ( the act for short) cancelling the gift deed dated 20-06-2019 and subsequent sale deed dated 19-12- ..... , advocate for r-3 and r-5; sri satyanarayana reddy, advocate for r4) 3 this writ petition is filed under articles226and227of the constitution of india praying to quash the impugned order dated0707.2021 passed by the r2 as per the annexure-a and i.e, president and assistant commissioner senior citizen tribunal, ramanagara sub- division, ramangara under which the r2 cancelled the gift deed dated2006.2019 executed by r3 in favour of r4 and sale deed dated1912.2019 which was executed by the r4 in favour ..... father/donor approaches the assistant commissioner invoking section 23 of the act contending that he is not being taken care of and the gift deed is taken by playing fraud ..... , the issue that falls for consideration is: whether the assistant commissioner could have entertained the petition under section 23 of the act and set aside the gift deed dated 20-06-2019 and the subsequent sale deed dated 19-12-2019?. 8. ..... the said sale, the 3rd respondent, earlier donor knocks at the doors of the assistant commissioner invoking section 23 of the act. .....
Tag this Judgment!Court : Chennai
..... she has further stated that already a case has been registered against mr.jeyakrishnan in crime no.1273 of 2012 under section 24 of maintenance and welfare of parents and senior citizens act, 2007 and the same is pending investigation. ..... constituted under section 7 of ?.the maintenance and welfare of parents and senior citizens act, 2007 (in short ?.the act?.)?. ..... 9.the maintenance and welfare of parents and senior citizens act, 2007 has been brought into force to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the constitution and for matters connected therewith or incidental thereto. ..... s.nagamuthu,j gb 2.the chairman/sub-collector, maintenance and welfare of parents and senior citizens act, namakkal district. ..... 2.the chairman/sub-collector, maintenance and welfare of parents and senior citizens act, namakkal district. ..... (2)where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right. ..... (3)if, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2).action may be taken on his behalf by any of the organisation referred to in explanation to sub-section (1) of section 5.". .....
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