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Rajan Salvi (Lawyer)     22 March 2010

Senior citizens

Bombay high court promises to bring respite to senior citizens

A little-known circular issued by the Bombay high court promises to bring respite to senior citizens, who have been caught in the web of litigations. The HC has decided that preference should be given to cases where either of the parties involved in the court matter has attained the age of 60 years and above.

The circular was issued after the approval of the chief justice and judges of the Bombay HC. It is applicable to all benches of the HC as well as its subordinate courts. It also states that precedence to elders may be allowed only after a written application is made before the court. The new rule is applicable to court hearings as well as final disposal of cases.

A circular issued in 1999 had set the age limit at 65 years and above. But the recent circular is going to benefit more citizens as it has brought the age limit down to 60 years.
Advocate Vinod Sampat, president of Cooperative Societies Residents, Users and Welfare Association, said the clause could be beneficial in cases where residents were collectively fighting an issue. For example , if a cooperative society is moving the court on an issue, it would be wise to make a senior citizen the petitioner. This may help in getting the matter expedited in court, he said.

Though the circular was issued recently, not many lawyers are aware about it. Advocate Mihir Desai conceded that he did not know about the existence of such a circular. Nonetheless , it is a good move to reduce the age limit because most of the citizens also attain retirement at this age, Desai said.

But there are problems. The huge backlog of cases, vacancies in the judiciary and the need to attend to other cases of priority are some of the reasons because of which not all senior citizens can benefit from this rule, Desai said.

Advocate M P Vashi said: Once, during his stint with the Bombay HC, Justice R M Lodha commented that 70% to 80% cases involved senior citizens as parties. If this is the scenario, how can senior citizens expect to get preference in court matters He said courts should fix a particular date on which cases of senior citizens should be taken up without fail.



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 8 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 March 2010

such steps are wellcome; a fixed day more prefarable. all high courts including high court of chattisgarh should follow it. supreme court should also take step in this direction by which all high court compel to follow it

BABULAL. M .MEHTA (RETAIRED HEAD MASTER)     08 January 2011

I AM RETAIRED HEADMASTER IN PANVEL SHETH L.B HIGHSCHOOL AT 1/08/1992 .I &MY STAFF HAD DISPUTE WITH MANAMENT. MANAGMENT ADDMITTED SO MANY CASES AGAINST ME &MY CLEARK WITHOUT INQUIRY . MANAGMENT HARREST ME & MY STAFF.YET I HAVE NOT FINALISED PENSION I AM UNDERTHE MAHARASHTRA EMPLOYEES PRIVATE SCHOOL REGULATION ACT 1977.PL CONTACTME BEST ADDVOCATE IN BOMBAY HIGHCOURT & HIS PHONE OR MOBILENUMBER NOW I AM 78 YEARS OLD PL DO FOR ME THANKING YOU

BABULAL. M .MEHTA (RETAIRED HEAD MASTER)     08 January 2011

I AM RETAIRED HEADMASTER IN PANVEL SHETH L.B HIGHSCHOOL AT 1/08/1992 .I &MY STAFF HAD DISPUTE WITH MANAMENT. MANAGMENT ADDMITTED SO MANY CASES AGAINST ME &MY CLEARK WITHOUT INQUIRY . MANAGMENT HARREST ME & MY STAFF.YET I HAVE NOT FINALISED PENSION I AM UNDERTHE MAHARASHTRA EMPLOYEES PRIVATE SCHOOL REGULATION ACT 1977.PL CONTACTME BEST ADDVOCATE IN BOMBAY HIGHCOURT & HIS PHONE OR MOBILENUMBER NOW I AM 78 YEARS OLD PL DO FOR ME THANKING YOU .MY  MOBILENO IS 9422375168 AND MYMAIL ADDRESS  girish.bm09@gmail.com

sushilburman (pensioner )     20 February 2011

I m a senior citizen of 62.married in 1976. everey thing was running smooth uptill my retirement in 2008. after my retirement my wife has deceived me and pressurising me to transfer my entire property in her name so that she couldgive it to her daughter . i have one son and one daughter both marrieed . my daughter is vey clever and son is of normal brain.i dont want to give entire property to my daughter but also want to share it in both brother and sister in appx equalshare. my wife is all the ime telephone to her daughter for planning to get entire my property .   my wife has filed false case of domestic voilence in the court of law and i was very upset to her action. i can.,t understand what happened to her . She always threatened me to transfer property in her name otherwise face court case. She lodged false complaint in police of beating her and again threatned me to lodge complaimmt in ythe mid night that i m using her s*xually without her consent .I m very upset of her actions/plans and left my own home which is my own nwme ,and leading a life of orphen at this old age of 62. please help me what to do . she has stolon all my important documentd from the house like property papers , Election I card Driving licence , car RC . DONT I HAVE MY HUMAN RIGHTS TO LIVE PEACEFULLY AT THIS RETARDING AGE .Pl helpmeand guide suitably.

Vyasamoorthy (Consultant)     04 June 2011

Senior Citizens Helpline 1298 may help you if you are in Mumbai. You may also contact Silver nnings Foundation,    www.silverinnings.com  for help.  I can give give Helpline number if you tell the city you live.

DWARIKA PRASAD (GENERAL MANAGER)     14 September 2011

Please attach the copy of the said circular issued by Bombay High Court fixing 60 years for senior citizans for early hearing of their pending legal cases.
 

y.Ramani Patro (associate advocate)     01 December 2011

Sir can you please post the circular no or an attachemnt of the said circular , so as to beneft to all of us.

Bhaven (Professional)     23 April 2017

Attaching the aforesaid circular for reference. 


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