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DELHI HIGH COURT: ORDERS PASSED BY TRIBUNAL UNDER SENIOR CITIZENS ACT ALSO AMENDABLE TO CHALLENGE UNDER ARTICLE 227 OF CONSTITUTION

The Business Guardian

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March 28, 2024

The Delhi High Court in the case Kirti v. Renu Anand And Ors. observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.

DELHI HIGH COURT: ORDERS PASSED BY TRIBUNAL UNDER SENIOR CITIZENS ACT ALSO AMENDABLE TO CHALLENGE UNDER ARTICLE 227 OF CONSTITUTION

The Division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in the case relied upon various judgments on the issue and observed that the orders passed by the tribunals as well as the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution of India.

The court stated that the order passed by tribunals are, however, separately also amenable to challenge under Article 227 of the Constitution of India.’

Therefore, the court observed that as against the order of a tribunal such as the Maintenance Tribunal, the aggrieved party, therefore, has the option to either invoke Article 226 or Article 227 of the Constitution of India depending upon the nature of relief sought in the petition.

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