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1 - 6 of 6 (0.36 seconds)The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007
Sudesh Chhikara vs Ramti Devi on 6 December, 2022
In respect of the judgment relied on by the
petitioner in the case of Sudesh Chhikara vs. Ramti Devi
and Another (cited supra), the Three Judges Bench of the
Hon'ble Supreme Court of India in the case of S.Vanitha vs.
Deputy Commissioner, Bengaluru Urban and District and
Others (cited supra) is to be followed. There are several
judgments to establish that the purpose and object of the
Senior Citizens Act, is to be complied with in its letter and
spirit in order to protect the life, security and dignity of
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W.P.No.21020 of 2024
senior citizens. Thus the judgment relied on by the
petitioner is of no avail as far as the present facts and
circumstances of the case on hand is concerned.”
The above case is squarely applicable to the case on hand.
Article 226 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Mohamed Dayan vs The District Collector on 8 September, 2023
11. Further, sub-Section 2 of Section 23 of the Act envisages the
situation where a senior citizen has a right to receive the maintenance out
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W.P.No.21020 of 2024
of an estate. Where such a right exists, the right of maintenance can be
enforced, where the estate or a portion of it is transferred against a
transferor, who has noticed the right or if the transfer is gracious. The
right however cannot be enforced against a transferee for consideration
without notice of right. It is also relevant to rely upon the judgement of
this Court in the case of Mohamed Dayan Vs. District Collector., order
dated 08.09.2023 made in W.P.No.28190 of 2022 in which this Court,
after discussing various judgements of the Hon'ble Supreme Court of
India and various judgements of the High Court including the cases
referred by the learned counsel appearing for the petitioner, held as
follows:-
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