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Legal Weekly: Govt officials to not use private hospitals & more; top judgments of the week

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon why Allahabad High Court directed government officials to not to use use private hospitals.

Written by Sonakshi Awasthi | New Delhi |
March 17, 2018 4:55:51 pm
top judgments of the week “The mere fact that such people have power to punish inactive persons is nothing but something making mockery of helplessness of these people,” said the court.

Delhi High Court: Parents have the right to evict their legal heirs
The Delhi High Court upheld the order passed by the Maintenance Tribunal which, directed the legal heirs, the appellant, to evict the home of their parents.

Owner of the house, the 68-year-old father and his ailing wife, respondents, resided on the first floor and carried on their printing press business from the ground floor at Katra Deena Beg, Lal Kuan in Old Delhi. The respondent had allotted the second and the third floor to their sons and had renovated the floors for them to live.

The father filed a petition against the appellants as the latter resiled from their undertaking to pay him a monthly sum of Rs.20,000/- collectively, towards his maintenance and for the day-to-day requirements of his wife.

The tribunal directed the respondents to stay in their property and further directed the appellants to evict the respondent’s property within three weeks. Challenging the powers of the tribunal, the appellants appealed to the high court. Stating the law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the Delhi Maintenance and Welfare of Senior Citizens (Amendment) Rules, 2016, the high court upheld the tribunal’s decision and observed that, “A plain reading of the extracted Rules clearly reflect that a senior citizen is entitled to institute an application seeking eviction of his son, daughter or other legal heir from his self-acquired property on the ground of ill-treatment and non-maintenance.”

Allahabad High Court: Govt officials not to use private hospitals

The Allahabad High Court was hearing two PILs filed against the U.P. state by a former patient who faced complications due to incompetent maternity care and a social worker who pointed out to the court to make mandatory the analysation of qualifications and designations of the para-medical staff.

While hearing the PILs, the high court directed the state to fill up vacancies in all government hospitals maintained by the State Government through Department of Medical Health and Family Welfare or Medical Education. Detailed directions were given by the court relating to the supply of medicines, medical care of women in pre-natal and post natal treatment, audit of district hospitals which, would include investigation relating to funds made available and expenditure.

Among a sea of directions, the court also directed government officials to make use of the state hospitals. The court observed that, “When it is a matter of life, no one can imagine to compromise in the matter of quality, merit and effectiveness but this precaution is maintained by resourceful people when it comes to their own or their family members but for common poor people it is residuary service made available by them which has to be availed in absence of any other option, may be, due to financial scarcity or otherwise. The mere fact that such people have power to punish inactive persons is nothing but something making mockery of helplessness of these people.”

Delhi High Court: Rs. 10 lakh awarded compensation to the wife and mother of two deceased manual scavengers
Two petitions were filed before the Delhi High Court against the Delhi State Industrial and Infrastructure Development Corporation Limited (DSIIDC) and Government of NCT for not acting upon the death of two manual scavengers.

The petitioners contended that the deceased were sent to clean a sewage without being provided with precautionary items like a mask or an oxygen cylinder by the DSIIDC and due to the fumes, they lost their consciousness and died on spot.

On observing the negligence performed on part of the state government and the DSIIDC and a year inaction, under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, the court directed the state government to pay compensation to the families of the deceased of Rs. 10 lakh. The court further observed that, “The compulsion of the dead persons was to earn some remuneration and having died in the course of earning remuneration, someone must be held responsible for the negligence, which resulted in their death.”

Bombay High Court: Court takes action against husband falsely alleging wife of extra-marital affair
In a marital discord, the applicant, father of a daughter, approached the high court and filed a case against his son-in-law and his family, the respondents, for dowry demand. After marriage, the respondents demanded to be paid Rs. 10 crore as dowry and upon not receiving the amount, subjected the applicant’s daughter to torture and cruelty.

However, the respondent in his affidavit claimed that his wife had an extra marital affair and upon investigation it was concluded that the said allegation was false.

The court therefore held that false allegations had been made by the respondent against his wife and directed an investigation to be carried out by a Judicial Magistrate, further directing the respondent to draw a fresh case.

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