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Tag: Taruna Saxena Vs Union of India and Ors

Taruna Saxena Vs Union of India and Ors on 16 Apr 2021

Posted on July 23, 2021 by ShadesOfKnife

Relying on decision of the Division bench of Kerala High Court, Justice Prathiba M Singh also struck down Sec 17 of of Senior Citizens Act 2007 as it was ultra-vires with Sec 30 of Advocates Act 1961.

From Para 4,

4. Insofar as the first issue is concerned, ld. Counsel for the Petitioner relies upon the judgment of the Kerala High Court in Adv. 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.

From Para 9,

9. In view of the above, 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.

 

Taruna Saxena Vs Union of India and Ors on 16 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/86693117/

https://www.indianemployees.com/judgments/details/taruna-saxena-versus-union-of-india-ors

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Adv KG Suresh Vs UOI and Ors Advocates Act Sec 30 - Right of Advocates to Practise Law or Body Struck Down as Unconstitutional MWPSC Act 2007 Sec 17 - Right to Legal Representation Taruna Saxena Vs Union of India and Ors | Leave a comment

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