Skip to main content

Pension Can't be Attached for Recovering Money: Kerala HC

The Kerala High Court on Monday held that the pension amount, received by a retiree on account of his past services, should not be attached in execution of any decree or order for realisation of money.

Justice V Chitambaresh passed the order while hearing a petition filed by 59-year-old Leela Bhai of Kottarakkara challenging the order of Sub Court, Kottarakkara, granting permission to attach the pension amount of her.   The Indian Overseas Bank had obtained a decree for realisation of money from the petitioner. The execution court ordered attachment from pension at the rate of  `6,300 per month.

The petitioner contended that no part of the pension could be attached under the Pensions Act 1871 and Kerala Service Rules, 1959. The bank took the stand that stipend and gratuities allowed to pensioners had been exempted from attachments under the provision of the Code of Civil Procedure 1908.

The court observed that pension was specifically exempted from attachment under the Act. Even rule 124 of part III of the Kerala Service Rules had been worded identically.   The court further observed that it was clear that the amount of pension received by a retiree on account of his/her past services shall not be attached in execution of any decree or order of any court.

The court set aside the attachment order passed by the lower court on a petition filed by the bank. However, the judge permitted the subordinate court of Kottarakkara to go ahead with the execution proceeding by other permissible modes.

Article referred: http://www.newindianexpress.com/cities/kochi/Pension-Cant-be-Attached-for-Recovering-Money-HC/2014/03/11/article2102150.ece#.Ux8jovmSzl8

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
Post a Comment
Read more

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...
Post a Comment
Read more