DELHI HIGH COURT
PRATHIBA M.SINGH
Taruna Saxena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order (Para 2 , 3) |
| 2. right to representation and evidence (Para 4 , 5) |
| 3. legal rights of advocates under act (Para 8 , 9 , 10) |
| 4. summary procedure in inquiries (Para 11 , 12) |
| 5. objective of the act and tribunal's discretion (Para 13 , 14 , 15) |
| 6. disposal of petition (Para 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through Video Conferencing.
2. The present petition has been filed challenging order dated 26th March, 2021 passed by the ADM, Karkardooma Courts under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, `Act').
3. The grievance of the Petitioner in this case is two-fold:
(i) that advocates are not being permitted to appear before the Tribunal; and
(ii) that evidence is not being permitted to be led before the Tribunal.
4. Insofar as the first issue is concerned, ld. Counsel for the Petitioner relies upon the judgment of the Kerala High Court in Advocate K.G. Suresh v. Union of India & Ors., [W.P.(C) No. 21946/2011, decided on 30th March, 2021]. He submits that Section 17 of the Act has been declared to be ultra vires Section 30 of the ADVOCATES ACT , 1961.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.