[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of evidence that was. The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order. The court added that if the appellate authority finds that the eviction order was predicated upon cogent and reliable material showing harassment and ill-treatment towards senior citizens, such an order may be permitted to run, resulting in removal of the offending parties from the premises till the appeal is decided. "The Court observes that at the interim stage and where the appellate authority comes to the prima facie conclusion that the order of the Tribunal is not shown to suffer from a patent or manifest error or where the ultimate direction of eviction is not ex facie untenable, the ends of justice may merit parties being required to separate and await the final outcome of the appeal," Justice Varma said.

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History of this topic

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment
1 month, 3 weeks ago

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

Live Law  

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971. A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 …

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court
2 months ago

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence. “While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely …

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 1 week ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
2 months, 2 weeks ago

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

Live Law  

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
2 months, 3 weeks ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
2 months, 3 weeks ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC
3 months ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law  

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

Removing items from elderly parents’ house is harassment: Delhi HC
5 months, 1 week ago

Removing items from elderly parents’ house is harassment: Delhi HC

Hindustan Times  

The Delhi high court has held that the deliberate removal of items by people from the home of their elderly parents not only constitutes economic harassment but also reflects a lack of respect for the rights and possession of the senior citizens. In their petition before the high court, the elderly woman’s children had contended that the order passed under …

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court
7 months, 1 week ago

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court

Live Law  

The Uttarakhand High Court on Wednesday observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.Though the Act does not permit the senior citizen to file. The Uttarakhand High Court on …

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court
11 months, 3 weeks ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act
11 months, 3 weeks ago

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act

Live Law  

The Bombay High Court stayed an order directing a daughter-in-law to vacate her matrimonial home under the Senior Citizens Act for six months until a Magistrate decides her interim application for residence under the Domestic Violence Act. The Apex Court held that right of a woman to secure residence in respect of shared household cannot be defeated by securing an …

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court
1 year ago

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Senior Citizens Act was enacted for the protection of the senior citizens and cannot be used for settling property disputes.“The Senior Citizens Act, 2007 was enacted with the objective to provide a mechanism to secure maintenance and ensure welfare of senior citizens left bereft of support, financial or otherwise. The Delhi High …

Much More In Life Than Material Things: Bombay High Court Laments Mother's Ouster From Home, Orders Son To Vacate Premises
1 year, 1 month ago

Much More In Life Than Material Things: Bombay High Court Laments Mother's Ouster From Home, Orders Son To Vacate Premises

Live Law  

The Bombay High Court today ordered a man and his wife to vacate his elderly mother's house observing that it was unfortunate that the mother, in her twilight years, was ousted from her house by her son rather than receiving love and care. With these observations, the court dismissed the son's writ petition challenging an order of the Senior Citizens …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

Breaking | Delhi High Court Allows AAP MP Raghav Chadha’s Appeal Against Order Paving Way For His Eviction From Govt Bungalow
1 year, 5 months ago

Breaking | Delhi High Court Allows AAP MP Raghav Chadha’s Appeal Against Order Paving Way For His Eviction From Govt Bungalow

Live Law  

The Delhi High Court on Tuesday allowed the appeal moved by Aam Aadmi Party MP Raghav Chadha challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow.Justice Anup Jairam Bhambhani had reserved the order last week after hearing Senior Advocate Abhishek Manu Singhvi appearing for Chadha and …

AAP MP Raghav Chadha Moves Delhi High Court Against Order Paving Way For His Eviction From Govt Bungalow
1 year, 5 months ago

AAP MP Raghav Chadha Moves Delhi High Court Against Order Paving Way For His Eviction From Govt Bungalow

Live Law  

Aam Aadmi Party MP Raghav Chadha on Tuesday moved the Delhi High Court challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow. Last week, Additional District Judge Sudhanshu Kaushik of Patiala House Courts vacated an interim order passed on April 18 directing the Rajya Sabha Secretariat …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 6 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

2021 Assam Evictions | Supreme Refuses To Entertain Opposition Leader's Plea Against Demolitions; Directs For Rehabilitation Measures
1 year, 7 months ago

2021 Assam Evictions | Supreme Refuses To Entertain Opposition Leader's Plea Against Demolitions; Directs For Rehabilitation Measures

Live Law  

The Supreme Court on Friday refused to entertain a petition filed by the leader of Opposition in the Assam Assembly, Debabrata Saikia, against the Assam Government's "forced eviction drive" which took place in the Darrang District of the State of Assam from September 21-23, 2021. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra noted that since …

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court
1 year, 8 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law  

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

Don’t Enforce Eviction Order Against Amartya Sen Till District Judge’s Decision On Stay Application: Calcutta High Court To Visva Bharati
1 year, 10 months ago

Don’t Enforce Eviction Order Against Amartya Sen Till District Judge’s Decision On Stay Application: Calcutta High Court To Visva Bharati

Live Law  

The Calcutta High Court on Thursday granted interim relief to Nobel laureate Amartya Sen by restraining Visva Bharati University from acting on its order asking him to vacate a part of land at his property - Pratichi - at Shantiniketan. "Having heard the learned advocates, the learned District Judge, Birbhum is requested to hear the stay application on 10th May, …

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC
2 years ago

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court held that an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is maintainable against interim order passed by Magistrate under Section 23 of the DV Act and the appellate court has power to pass interim order under section 29 of the DV Act. The respondent-husband filed an appeal …

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother
2 years ago

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother

Live Law  

The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007. …

Supreme Court stay on Haldwani evictions draws attention to need for laws
2 years, 1 month ago

Supreme Court stay on Haldwani evictions draws attention to need for laws

The Hindu  

Published : Jan 24, 2023 14:49 IST On January 5 last month, the Supreme Court stayed the forcible eviction of over 4,000 families, mostly Muslims, from Haldwani in Uttarakhand for purportedly occupying land belonging to the Railways. “Not only will this help settle the present confusion about the state of the law, but it would also deal with the recent …

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
2 years, 1 month ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

Judicial Officer With 10 Yrs Standing Competent To Hear Appeals Under Public Premises Unauthorised Occupants Act: Delhi High Court
2 years, 5 months ago

Judicial Officer With 10 Yrs Standing Competent To Hear Appeals Under Public Premises Unauthorised Occupants Act: Delhi High Court

Live Law  

The Delhi High Court has made it clear that a District Judge or a judicial officer of not less than 10 years standing is competent to hear appeals under Section 9 of the Public Premises Act, 1971. The Petitioners herein had raised an objection that in view of Section 9 of the Act, the appeal can be heard either by …

Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court
2 years, 6 months ago

Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court

Live Law  

The Delhi High Court has observed that merits of the rival stands cannot be a material consideration while examining whether a particular question that the party desires to pose to a witness is relevant or irrelevant. The Court thus agreed with the observations made in the case titled R.K.Chandolia v. CBI and observed thus: "Questions which relate to facts in …

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid
2 years, 8 months ago

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid

News 18  

The Delhi High Court Tuesday dismissed a plea seeking to vacate the stay granted on an order directing the AAP government to decide and formulate a policy on the implementation of Chief Minister Arvind Kejriwal’s announcement that if a poor tenant was unable to pay rent during the COVID-19 pandemic, the state would pay it. There are 100s of things …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 9 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 9 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

Real Estate Appellate Authority Can't Initiate Suo Moto Proceedings: Delhi High Court
2 years, 9 months ago

Real Estate Appellate Authority Can't Initiate Suo Moto Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion. Analyzing the relevant provisions of the Real Estate Act, 2016, Justice Yashwant Varma added that the Appellate Tribunal is a creation of statute and that it is not an …

AO & PCIT Failed To Consider Balance Of Convenience And Irreparable Injury While Deciding The Stay Application: Delhi High Court
2 years, 10 months ago

AO & PCIT Failed To Consider Balance Of Convenience And Irreparable Injury While Deciding The Stay Application: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that neither the Assessing Officer nor the Principal Commissioners of Income Tax have considered the three basic principles, i.e., the prima facie case, balance of convenience, and irreparable injury, while deciding the stay application. The petitioner company/assessee filed an application for a stay of demand …

Supreme Court halts eviction drive in Delhi’s Jahangirpuri
2 years, 10 months ago

Supreme Court halts eviction drive in Delhi’s Jahangirpuri

The Hindu  

The Supreme Court intervened twice on Wednesday to pause the advancement of bulldozers in Delhi’s Jahangirpuri for an anti-encroachment drive, but not before several makeshift kiosks and shops lining the area that witnessed a communal clash on Saturday were razed by civic authorities. A Bench led by Chief Justice of India N.V. Ramana ordered that “status quo, as exists today, …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 11 months ago

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court

Live Law  

The Kerala High Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life.Justice Murali Purushothaman held that the Maintenance. The …

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court
2 years, 11 months ago

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court

Live Law  

In a significant assertion, the Allahabad High Court has observed that as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and the rules framed by the state government thereunder, it is mandatory for the District Magistrate to ensure that the life and property of the senior citizen are protected and they are able to live with …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions
3 years, 3 months ago

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

Live Law  

The Delhi High Court has asked the Principal Secretary of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal. Justice Rekha Palli, who was of the view that the …

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
3 years, 3 months ago

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders

Live Law  

The Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an order for removal of a person from the senior citizen's property.A division bench comprising Justice Gautam Patel and Madhav J Jamdar endorsed the view expressed by a division bench of the Delhi High Court in …

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 4 months ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act
3 years, 5 months ago

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act

Live Law  

The Punjab and Haryana High Court recently upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.In this case, the father had not transferred the house in question to the son by way of gift or any other deed. The Punjab …

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law
3 years, 7 months ago

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law

Live Law  

The Calcutta High Court on Friday reiterated that the right of a senior citizen to exclusively reside in his own house and also direct the eviction of his son and daughter-in-law if need be, must be viewed from the prism of Article 21 of the Constitution of India. The Court made the aforementioned observations while adjudicating upon a plea by …

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards
3 years, 8 months ago

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards

Live Law  

Observing that an inordinate delay would frustrate the decree holders from reaping benefits, the Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower courts to expedite the proceedings within one year of their institution. Execution proceedings instituted within two years of the decree/award The Court directed …

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 8 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court
4 years ago

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court

Live Law  

The Delhi High Court has held that any person, affected by an order passed by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, is entitled to file an appeal before the Appellate Tribunal. where it was held that that only senior citizens/ parents are entitled to file an appeal against an order passed …

Cannot Act As An Appellate Authority Over A Decision Taken At Highest Level In The Government: Delhi High Court
4 years, 1 month ago

Cannot Act As An Appellate Authority Over A Decision Taken At Highest Level In The Government: Delhi High Court

Live Law  

Delhi High Court has on Tuesday observed that it cannot sit as an Appellate Authority over a decision taken at the highest level in the Government. While observing this, the Court refused to interfere with the Delhi government's decision whereby it refused to grant study leave to the petitioner, to pursue Postgrad in Paediatrics from PGI Chandigarh. A single Bench …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 5 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18  

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

Removal Of 48,000 Slum Dwellings Around Delhi Rail Tracks: 16 Slum Dwellers Move Supreme Court [Read Application]
4 years, 6 months ago

Removal Of 48,000 Slum Dwellings Around Delhi Rail Tracks: 16 Slum Dwellers Move Supreme Court [Read Application]

Live Law  

16 slum dwellers have approached the Supreme Court seeking impleadment in the MC Mehta case whereby a Bench headed by Justice Arun Mishra had ordered removal of jhuggis near the New Delhi area, to address environment related issues. INC's Ajay Maken Moves SC Against Order To Demolish 48,000 Jhuggis Without Provisions To Rehabilitate 2.4 Lakh Affected Dwellers It is submitted …

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]
4 years, 11 months ago

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, needn't necessarily have to show that they need maintenance or that they have been ill treated by their heirs. Interpreting the social welfare law for senior citizens, the Single Bench of Navin Chawla noted that scope of the proceedings under …

Interim Orders Of Bombay HC And Courts Subordinate To It Extended Till April 30[Read Order]
4 years, 11 months ago

Interim Orders Of Bombay HC And Courts Subordinate To It Extended Till April 30[Read Order]

Live Law  

Taking note of the national lockdown, the Bombay High Court has extended the operation of all interim orders passed by it, and the Courts/Tribunals subordinate to it until April 30.A bench comprising Chief Justice B P Dharmadhikari, Justices A A Sayed, Shinde and K K Tated passed the order in a suo moto action as follows :"we find it appropriate …

Delhi HC Stays Govt Order Transferring Chairperson, Members Of Child Welfare Committees [Read Order]
5 years, 2 months ago

Delhi HC Stays Govt Order Transferring Chairperson, Members Of Child Welfare Committees [Read Order]

Live Law  

The Delhi High Court has stayed till February 6 an office order issued by the Delhi government vide which 11 Chairpersons and Members of various Child Welfare Committees were transferred from one Committee to another. Justice Navin Chawla stayed the office order dated December 5, 2019 after the chairperson of a Committee and six members of various other CWCs moved …

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