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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
ATTAU RAHMAN MASOODI, JASPREET SINGH, SUBHASH VIDYARTHI
Onkar Nath Gaur – Appellant
Versus
District Magistrate/President Appellate Tribunal Lko. – Respondent
| Table of Content |
|---|
| 1. importance of the act of 2007 (Para 1 , 2 , 3) |
| 2. divergent views on tribunal's eviction powers (Para 4 , 5 , 6) |
| 3. arguments supporting eviction rights under the act (Para 10 , 11 , 18) |
| 4. state's obligation for protection of senior citizens (Para 19 , 21 , 22) |
| 5. union's perspective on eviction powers (Para 23 , 26 , 27) |
| 6. court's interpretation of act's intent (Para 40 , 41 , 42) |
| 7. power of tribunal for eviction under section 23 (Para 89 , 90) |
JUDGMENT :
Jaspreet Singh, J.
This judgment has been divided into segments to facilitate analysis. These are:-
| A | Introduction |
| B | Submissions on Behalf of the Petitioner. |
| C | Submissions on Behalf of the State of U.P. |
| D | Submissions on Behalf of the Union of India. |
| E | Submissions on Behalf of the Members of the Bar. |
| F | Discussions and Analysis |
| F.1 | Question Nos. (i) and (ii) |
| F.2 | Question No. (iii). |
| G | Summary and Answers to the Questions Referred. |
A. Introduction
1. Questions of seminal importance arising from The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Act of 2007”) are the subject matter of consideration of this Full Bench.
2. More often than not, matters are coming up before the courts arising ou
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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