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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
KISHORE C. SANT, ABASAHEB D. SHINDE
Manik Rewaji Shinde – Appellant
Versus
Canara Bank, (Formerly Syndicate Bank) Karanji Branch, Tq. Pathardi, Dist. Ahmednagar, Through its Branch Manager – Respondent
| Table of Content |
|---|
| 1. court's order on granting relief to petitioner. (Para 1 , 2) |
| 2. challenge to bank's deduction from pension account. (Para 3 , 4) |
| 3. petitioner accused of suppression of facts regarding additional loans. (Para 5) |
| 4. pension funds protected from attachment as per legal provisions. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. bank's collection from pension violates rights. (Para 13 , 14) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Heard learned Counsel for the petitioner and learned Counsel for the Respondent-Bank.
2. Rule. Rule is made returnable forthwith. With the consent of the parties the matter is heard finally at the stage of admission.
3. By this Writ Petition, under Article 226 of the Constitution of India, the petitioner has challenged the action of Respondent-Bank by which the Respondent-Bank has deducted the amount from Saving Bank Account of the petitioner bearing Account No.51012200000396, on which the petitioner was receiving pension amount from the government, for recovery of agricultural loan obtained by the petitioner.
4. Learned Counsel for the petitioner contends that the petitioner was serving as a teacher. He retired in the month of December 2008 and started receivin
Pension funds are statutorily protected from attachment for debt recovery, and unauthorized deductions violate the right to livelihood under Article 21.
The unilateral deduction of pension funds by a bank for loan recovery is unconstitutional and violates the right to livelihood, requiring legal due process.
Pension accounts are protected from attachment under relevant statutes.
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