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DELHI HIGH COURT
PRATHIBA M.SINGH
Amit Kumar – Appellant
Versus
Kiran Sharma – Respondent
| Table of Content |
|---|
| 1. challenge to adm order under the act (Para 2 , 3 , 4) |
| 2. interpretation of appellate provisions in the act (Para 5 , 6) |
| 3. permission to appeal and case dismissal (Para 7 , 8) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.
2. The present petition challenges order dated 18th August, 2020 passed by the ld. Additional District Magistrate (hereinafter, "ADM") under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, "Act").
3. Ld. counsel for the Respondents relies upon the judgment of the Punjab & Haryana High Court in Paramjit Kumar Saroya v. The Union of India & Anr., 2014 SCC OnLine P&H 10864 as also the recent order of a ld. Single Judge of this Court in Naveen Kumar v. GNCTD & Ors., (W.P.(C) 1337/2020, decided on 5th February, 2020) to argue that the Petitioner has an alternative remedy to approach the Tribunal.
4. Ld. counsel for the Petitioner, on the other hand, submits that the Petitioner's father had three properties, one in Rohini, one in Najafgarh and one in Munirka. Insofar as the Najafgarh property is concerned, the same was purchased in Respondent No.1's name and the Munirka fl
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows any aggrieved party, not just senior citizens or parents, to appeal decisions, as inferred from purposive interpretation of....
Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act allows any affected party to prefer an appeal, as interpreted by the court based on the Punjab & Haryana High Court's judg....
Any 'affected citizen' can prefer the appeal against the order of the DM under Section 16 of the Senior Citizens Act, not just a senior citizen or parent.
Only senior citizens or parents can appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act; appeals by children are not permitted.
Point of law : To save a statute from being held ultra vires, the Court always has a power to read down a statutory provision. However, it is not permissible for the Court to add something to the sta....
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