Childless old lady can seek maintenance from anyone. My neighbor is an 80-year-old woman living alone in her home. Her husband was one of three brothers, and all have passed away. There are no male relatives residing in her household. The property she lives in is quite old, having been built by her great-grandfather-in-law. The daughter of her husband's eldest brother lives in Indore. This daughter is married and works as a teacher in a government college. I approached her to assist in caring for the elderly woman, but she declined. The elderly woman's condition is now deteriorating. She struggles to care for herself due to a lack of financial resources.
Several property dealers are approaching her to sell her house. However, the woman fears being cheated and is unable to relocate at this stage. We, her neighbors, are providing some care, but our assistance has limitations. Is there any legal provision to claim maintenance for this elderly woman? Someone suggested filing a case under Section 125 of the Criminal Procedure Code (CrPC). Please provide a legal solution to this problem.
Asked from: Madhya Pradesh
A childless elderly woman (senior citizen) can claim maintenance under Section 5 of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007. This childless woman has the right to claim maintenance from relatives who will inherit her property.
It is an undisputed fact that the property is joint family property. Her great-grandfather-in-law owned this property and it has remained undivided. The daughter of the lady's brother-in-law will inherit this property as she is the immediate legal heir.
Section 2(g) of the Senior Citizens Act, 2007 defines "relatives" as persons who will inherit the property of the senior citizen. According to Section 5 of the Act, a relative is also responsible for maintaining the senior citizen.
Section 5 of the Act, 2007 also provides that any other person or association can file a civil suit on behalf of the senior citizen. You can also file a civil suit on behalf of the elderly woman to claim her maintenance.
Thus the childless old lady can seek maintenance from her relatives under the Act 2007. This suit must be filed in the court of the Deputy Collector (maintenance tribunal) within whose jurisdiction the property is located.
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Civil court has dismissed suit for the want of jurisdiction and said that the suit should have been filled before the labour court. My claim was to recover money from the sugar factory who has withheld my arrears. The court expressed its view that the subject matter comes under the jurisdiction of the labour court. Where I filled another case for illegal termination of my service. That matter is different because that was related to disciplinary proceedings. Civil court has dismissed my case at the admission stage. The objection filled by the defendant in that case is beyond the jurisdiction. Subject matter is not related to civil court and you have to file complaint in the labour court. However, there was no such issue involved because the company has a huge arrear of salary. that salary is not provided by the company after termination of my service. Then I filed a civil suit for the recovery of that arrears from the company along with eighteen percent interest.
In the filing of that civil suit I have submitted a letter issued by the company when I claimed my arrears. That letter is an affirmation of the company which is good evidence to show that the company has withheld my money. again i submitted a declaration issued by the company to all employees to fill and submit a claim form for payment of arrears. That declaration is clinching proof that company has my money.
Asked from: Maharashtra
The civil court has erroneously dismissed your suit. It is proven from the facts of your case that the sugar company has not paid the arrears of salary to its employees. This is a separate issue and is nowhere connected with the disciplinary proceedings. You are not claiming the amount of money deducted by the company in the culmination of disciplinary proceedings.
That money was part of your salary which has not been paid due to some other reason. In this scenario, the cause of action arose when the company did not pay that amount, even after the filing of the claim form. At that time, no disciplinary proceedings were initiated against you. You are entitled to receive that money as a regular employee. Your delinquency was not in question. You should file an appeal against the order of the civil judge. The civil court has dismissed the suit erroneously on the lack of jurisdiction of subject matter.
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Legal heirs of defendant filled objection that sir is not maintainable after the death of their father. I filled a suit for the partition of property. During pendency of suit one of the defendants died. Since he was issue less and his wife also died nearly ten years ago I didn't file an impleadment application to bring his legal heirs on the record. The suit has been decided by the court on merits. When the decree is in the process the legal heirs and his father filled an appeal. The appellate court while admitting the appeal order to maintain the status quo till the further order of the appellate court. The trial court is being precluded to prepare decree till the next order of the appellate court. In the meantime I filled a case in the high court against the order of status quo. That case is pending and notice is issued to the opposite parties.
Now the case is stuck between the decisions of the court. More than one year has lapsed and no decision is passed by the court. I could not understand how to handle my case in the high court. The appellate court is also adamant to proceed further until the decision of the high court.
Asked from: Karnataka
When the defendant died during trial you had to implead legal heirs of the deceased defendant. It was your responsibility to bring necessary parties on the record of the case. Because the necessary part has the right to defend his right. Due to non-impleadment of legal heirs they had refrained from defending their rights. If the legal heirs are not impleaded the suit abates against them. They are not bound to the judgment.
When the legal heirs of the deceased defendant filled the appeal along with the other defendants they have abandoned their right to abatement of suit. When the judgment has been passed against the dead person, his legal heirs should have filed separate applications for abatement. Once they filed a joint appeal they are challenging the impugned order on merits.
Being joint appellants, they are challenging the judgment on merits, it proves that they do not want to seek abatement. Thereafter they cannot invoke order 22 of the code of civil procedure for abatement.
In Kiran Singh vs Chaman Paswan AIR 1954 SC 340 the Supreme Court has held that if a judgment has been passed on merits it shall not be liable to be reversed on mere technical ground if there is no travesty of justice.
Seeking abatement is a technical ground for declaring a judgment null and void so far as it relates to the legal heirs of the deceased defendant. When legal heirs of deceased defendant are challenging that judgment on merits, thereafter, they cannot seek abatement.
If the order of status quo was granted on the basis that judgment was passed against the dead person, that order will not sustain as per the above legal position. You will get appropriate relief from the high court. File listing application and expedite your petition in the high court.
Also read: How to calculate court fees in partition suit
I am terminated from service for mere misconduct committed in a hotel. The commandant has terminated me on the ground that my behaviour is prejudicial to good order and discipline. My colleague has given a party on the eve of superannuation in service of CRPF. In that party I mistakenly took my AK 47 rifle and fired in that hotel. A complaint was lodged by the supervisor of the hotel. That hotel is run by the welfare committee of CRPF and situated within the premises of the regiment. All were my friends and we were enjoying the party. For that mere misconduct the commandant has terminated me from the service. How to challenge the order?
Asked from: Maharashtra
Prima facie, it appears that you have committed grave misconduct. The act of firing a deadly weapon, such as an AK-47, at a private party demonstrates a clear lack of discipline. As an employee of a disciplined organization like the Central Reserve Police Force (CRPF), you are obligated to uphold the highest standards of behavior and maintain the esteem of your organization.
Under Section 12 of the Central Reserve Police Force Act, 1949, the commandant has the discretion to dismiss an employee from service if it is determined that the act or conduct of the member is prejudicial to good order and discipline. This provision empowers the commandant to terminate a member of the force even for less heinous offenses.
In this instance, your actions are categorized as a less heinous offense because you were not on duty at the time of the incident. However, to preserve discipline within the force, termination of your service may still be deemed appropriate. If you believe that the punishment is excessively harsh or disproportionate to the offense, you have the option to file a writ petition in the High Court under Article 226 of the Constitution of India.
The Supreme Court, in Union of India v. R.K. Sharma (2001) 9 SCC 592 and CRPF v. Surinder Kumar (2011) 10 SCC 244, has established that the mere disproportionate nature of a punishment is insufficient grounds to quash a termination order. For judicial interference to occur, the punishment must be so strikingly disproportionate as to constitute manifest injustice.
The Supreme Court has further clarified that intervention is justified only in extreme cases where the punishment order is evidently perverse or irrational. In your case, the department is likely to argue that maintaining discipline within the force and preventing the misuse of deadly weapons, such as the AK-47, justifies the termination of a member who has demonstrated casualness in handling such a weapon.
Based on the facts of your case, it seems unlikely that the High Court would find sufficient grounds to interfere with the punishment order. The department's emphasis on preserving discipline and preventing dangerous precedents appears to outweigh arguments regarding the proportionality of the punishment. Take a chance and file a writ petition you have been terminated from service for mere misconduct.
Also Read: Termination without notice
Admission in NRI quota can be changed afterwards if the student comes under the scheme of children of Indian workers of gulf countries? I took admission in NRI quota at very high fees. There is a scheme of the government which provides that children of workers of Indian citizens in the gulf will be treated as Indian not NRI so far as admission in Indian universities and institutions. I came to know about this scheme only after taking admission. Hence my actual admission in NRI quota. Can this quota be changeable? Actually there is a contradiction between the schemes of the government. One scheme provides opportunities to Indian people working in harsh conditions in the Middle East and gulf countries to provide higher education to their children at the similar fees as paying by Indians. Another scheme day is that NRI has to pay much higher fees. The second scheme is universally applicable irrespective of region and countries. The first scheme is very specific to gulf countries. My father is working in a gulf country so I am entitled to avail the benefits of the first scheme however got initial admission in NRI quota. Please suggest how to get this benefit?
Asked from: Madhya Pradesh
It is admitted that you got admission in the NRI quota. This is a specific category devised by the government order dated 12-08-2004. There is no provision for appearing in the entrance examination or competitive examination for those who take admission in NRI quota.
Therefore the students admitted under the NRI quota do not face competitive examination. They get direct admission in the NRI quota. They belong to an affluent class so take direct admission by paying higher fees.
Whereas the wards of Indian workers in Gulf countries quota they have to face competitive examination. They come from the weather section. The government order dated 21-01-2004 makes for the admission of children of foreign nationals/Persons of Indian originals and children of Indian workets in gulf countries. They get admission under the supernumerary quota. This quota is different from the NRI quota.
In the above provision it is impossible to change your quota from NRI to children of Indian workers in gulf countries. Admission in NRI quota cannot be changed into a supernumerary quota. If you still want to change quota, you may file a word petition in the high court under Article 226 of the constitution of India.
How to release property from provisional attachment under the Prevention of Money Laundering Act? One ECIR has lodged against me by the enforcement department for the offence of money laundering. My property adjacent to my factory has been provisionally attached. I purchased that land partly by taking a loan and partly from the profit of my business. My statement was recorded by the enforcement department under section 50, and I also produce relevant documents in support of fair dealing of that land, but attachment notice is not cancelled or revoked. I have been suffering from heart disease and hypertension. Now my loan has stuck.
Asked from: Maharashtra
To release property from provisional attachment under money laundering act you have to approach the Adjudicating Authority. Your property is being provisionally attached to the presumption that you are a benami owner of the main accused or said property is proceeds of crime or you are not a bonafide purchaser of the said land.
Now the burden of proof lies upon you to prove that you are a genuine owner. According to Section 24 of the Prevention of Money Laundering Act the Authority or Court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money-laundering.
According to section 5 of the Prevention of Money Laundering Act property of only that person shall be attached who has committed offence under the Act or committed any schedule offence. If you have the evidence to prove that you are no way connected with the crime under Money Laundering Act or any schedule offence, then your land shall be released. You have to establish that land is not a proceed of crime.
You said that you had taken loan for purchasing that land and also utilised profit earned from your business. Therefore, you must adduce all relevant documents of loan and books of account to prove that you are a bonafide purchaser. When you successfully rebut the said presumption, the Adjudicating Authority shall cancel the order of provisional attachment and release your property.
Whether sale deed is mandatory for transfer of property for money, or I could execute power of attorney. A builder contracted me to exercise a power of attorney instead of a sale deed. He also wants a deed of consent for plotting and doing development work on the land. But he says that the consideration shall be paid in installments.
Asked from: Haryana
Sale deed is the valid document for transfer of ownership of property from the seller to buyer in consideration. Any other document or deed such as power of attorney is invalid. There are several modes of transfer of property.
Gift, leas, mortgage and exchange are also a mode of transfer of property from owner to another person. But they are not related to transfer in lieu of considerate or price. When a property is being transferred for price, sale deed is only a valid document.
You should avoid executing such a deed of conveyance. It is invalid because ultimately the sale deed of each plot shall be executed by you. Builder even after power of attorney will have no power to execute sale deed.
The builder wants to engage you in a deed and get exclusive right to do plotting and sale of land. After execution of power of attorney, you will lose right in the property. You cannot sell your land. It is also possible that he may pay some advance as a part of consideration.
This is a general practice of builders especially when the price of property is too high or very demanding. Actually, builders want to engage the landowners in legal deed and get the right to interfere in property without paying consideration in full.
Execution of sale deed is mandatory in transfer of property in lieu of price because government gets revenue in form of stump duty proportionate to the market value of property. Whereas in power of attorney only nominal fees are paid by the proposed buyer and get the right to interfere in the property.
Also read: Fake sale deed
Prosecution produced CCTV recording to prove my presence in the apartment where the offence was committed. That CCTV recording was alleged to be taken from the apartment office. But as per my knowledge that recording was taken by prosecution from the mobile phone. No date is mentioned or otherwise appearing in that recording. Prosecution also did not mention from where he produced it. When the offence was committed, I was in Delhi. But I have no evidence to prove it. The offence was committed on 12-02-2019 and I was in Delhi between 23 January 2019 to 19 February. Please advise how to disprove prosecution evidence?
Asked from: Haryana
If the recording was not taken from CCTV, you can easily prove that the evidence is manipulated and false. You should raise an objection about its admissibility. When the evidence is produced by the party and the court is exhibiting that evidence then it is resistivity of the opponent to raise objection if that evidence is inadmissible.
The CCTV recording is a piece of electronic evidence. Therefore, the prosecution is bound to produce a certificate under section 65-B of the Indian evidence Act. If the prosecution did not submit certificate, you should raise an objection about its admissibility.
In Anvar P. V. vs P. K. Basheer 2014 and Mohammad Arif vs State of NCT Delhi 2023, the Supreme Court has held that electronic evidence shall not be admitted unless supported by certificate under section 65-B.
You must raise objection at this stage because if you fail then cannot raise such an objection at the later stage. In Dayamathi vs Shaffi 2004 the Supreme Court has held that objection should be raised at the time of admission of evidence but not at the later stage or in appeal.
If that recording was not taken from CCTV the prosecution cannot produce a certificate. In that certificate the prosecution is bound to state the particulars of the device, mode of copying that recording and to prove that the original recording is still stored in the orginal device.
If recording is taken from a mobile phone by concealing the date of recording the evidence itself will become inadmissible. If prosecution produced CCTV recording by concealing its original source, it will not be in position to produce a certificate. So, raising objection you can protect yourself from such false evidence.
Also read: Understanding electronic evidence
Anticipatory bail after charge sheet is permissible in the crpc? The investigating officer has submitted a charge sheet against me and my mother. In these circumstances can we seek anticipatory bail?
Asked from: Delhi
Anticipatory bail is granted when the accused has apprehension of arrest. There would be no such apprehension only after submission of the charge sheet. It is a settled law that the court is not bound to accept the charge sheet.
The court has the power to reject the charge sheet if found that investigation is faulty. In vice-versa the court may take cognizance under 190 crpc and issue a process under section 204 crpc.
So only after filling the charge sheet it cannot be said that you have apprehension of arrest. In absence of apprehension of arrest the court shall reject your application.
Unless and until the court issues warrant you cannot file an anticipatory bail application. Wait until the issue of the warrant thereafter, you can invoke section 438 crpc.
Salary during termination period is illegally stopped by the department on the basis of order of the court. I was illegally terminated from the service by the concerned authority on the false allegation of grave misconduct. When I challenged that order in the high court, the court quashed that order and directed me to reinstate with consequential benefits. Court did not mention anything about the back wages. Department said that there is no specific order about salary during the termination period. I am not entitled to receive a salary on the principle of no work no pay. Should I file a fresh writ petition?
Asked from: Uttar Pradesh
The Hon’ble High Court has ordered your reinstatement with all consequential service benefits. It is a well-established principle of law that salary is an integral part of service benefits. Based on the court's order, it is evident that you have been fully exonerated, as the termination order has been quashed, and your reinstatement has been directed with all important service benefits. Consequently, you are entitled to the salary for the period of your termination.
Salary during termination period
The phrase “reinstatement with all consequential service benefits” encompasses arrear of salary during termination period. Even though the court's order may not explicitly state salary payment for this period, the expression clearly implies that salary arrears are included.
Department is bound to pay arrears of salary
On these legal grounds the department is bound to pay the arrears of salary during the termination period. There was no fault on your side. The reasons for stopping payment are not maintainable.
Legal Grounds
- No Fault on Your Part
- The termination was executed without valid grounds and with mala fide intent.
- You were willing and able to work, but the department illegally prevented you from doing so.
- The illegality of the termination has been recognized and rectified by the High Court.
- Right to Livelihood
- Under Article 21 of the Constitution of India, the right to livelihood is a fundamental right and forms an integral part of personal liberty.
- No individual can be deprived of salary except through a procedure established by law. The termination order being illegal means that depriving you of your salary was also unlawful.
- Supreme Court Judgment on "No Work, No Pay"
- The Hon’ble Supreme Court, in Union of India v. K.V. Jankiraman [(1991) 4 SCC 109 : AIR 1991 SC 2010], held that the rule of "no work, no pay" does not apply in cases where an employee, though willing to work, is kept away from work by the authorities through no fault of their own.
- This is directly relevant to your case. The denial of work was due to the department's illegal act, not your choice or conduct. Therefore, you are entitled to receive salary of termination period.
Legal Remedy
You should not file a fresh writ petition instead of it you should file a contempt application (consult advocate). However, the court did not explicitly say about the salary for termination period but in the expression "reinstate with all consequential service benefits" includes the payment of arrear of salary.
The department's attempt to invoke the principle of "no work, no pay" is not applicable in your case. The termination order was quashed as illegal, and the High Court has directed your reinstatement with all consequential service benefits, which includes salary arrears for the termination period. You are entitled to these arrears, and the appropriate legal step is to file a contempt application to ensure compliance with the High Court's order.
