Will someone enlightenment me as to whether Disability Pension can be attached by bankers for claiming its dues on the basis of surety given by a person 16yrs ago?
If any case law in this regard exist, please let me knoethe citation(s).
Regards.
Vasant Kumar (Lawyer) 12 July 2009
Will someone enlightenment me as to whether Disability Pension can be attached by bankers for claiming its dues on the basis of surety given by a person 16yrs ago?
If any case law in this regard exist, please let me knoethe citation(s).
Regards.
A V Vishal (Advocate) 12 July 2009
Exemption of pension from attachment.— No Pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a Decree or Order of any such Court.
The bank is not justified in its action and the action is illegal & arbitary and can be challenged in court of law and interest can be claimed for the period for which the pension was with held.
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