Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6 -- Proceedings before Maintenance Tribunal has to be recorded in the manner of a summons trial...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6 -- Proceedings before Maintenance Tribunal or before Appellate Tribunal cannot be conducted like a criminal case - However, Tribunal has to certainly follow basic principles of law and to ensure that all parties obtain equal opportunity of establishing their cases and their contentions...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 10 -- Maintenance to Senior Citizen - Awarded at Rs.7,500/- per month - Applicant thereafter wrote a letter to Minister for Revenue which was transmitted to District Collector who then unilaterally acted as Appellate Tribunal and enhanced maintenance to Rs.10,000/- - Jurisdiction of Appellate..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32 -- Rule making power of State Government - Act itself empowers State Government to confer such powers and duties on District Magistrate for protection of life and property of senior citizens...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32 -- Rule making power of State Government - Act empowers State Government to formulate summary procedure for eviction of children/legal heir of senior citizens, in the eventuality of ill-treatment or no, maintenance of Senior citizen/parents...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 27 -- Bar of civil Court jurisdiction - A senior citizen cannot knock the door of civil Court to fight a legal battle to obtain possession of property, as jurisdiction of Civil Court is barred u/s 27 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 30, 31 -- Delegation of powers - Delegation of powers to State Government to frame an action plan and to District Magistrate to implement the same is justified and is not vague...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15 -- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no..........
