Bombay HC circular -Preference to Above 60

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.

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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.

One thought on “Bombay HC circular -Preference to Above 60

  1. Dear Sir/Madam,
    We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010at Barashat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe “Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdeh. 1st court date is 15/01/2010.
    Thanks
    Dear all of my well wiser,
    Dear friend’s, actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to all minister in W.B., CBI, CID, Human rights department, Kolkata Police, my nation, all of the news channels, and all press, and many more, absolutely you also, I’m 100 percent victim but no body come to me. My question is why they not come to my house? I screw up to claim that I am as white as snow. Sir, If you don’t brook intervention then our family &especially my small daughter’s life will be ruined.
    I determined that if any reporter / any person come to my house then they know that I am 100 percent victim. And I win the case. I’m Punishment + harassment Without Crime.

    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
    P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
    W.B. India.

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