Advocates Have Right To Practice Before Maintenance Tribunals: Delhi HC Declares S.17 Of Senior Citizens Act Ultra Vires To S.30 Advocate Act

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Case: Tarun Saxena v. Union of India & Ors.

Coram: Justice Prathiba M. Singh

Case No: W.P.(C) 4725/2021

Court Observation: “since Section 17 has been declared ultra vires Section 30 of the Advocates Act, 1961, it would obviously mean that an advocate would have the right to represent parties before the Tribunal under the Act. Ordered accordingly.”

“In a particular case, if the Tribunal is of the opinion that the attendance of the witnesses and proving of documents is required, it has the power under Section 8(2) of the Civil Court for the purpose of taking evidence on record and enforcing attendance of witnesses. This, however, would not mean that in every case, the Tribunal would have to record oral evidence or take on record documentary evidence. The nature of the proceedings itself being summary, the discretion vests with the Tribunal to adopt the procedure as may be suitable to the facts and circumstances of each case.”


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