SURINDERA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari for quashing impugned appellate order dtd. 8/8/2018 (Annexure P-6) passed by respondent No.3, being illegal, nonspeaking and contrary to provisions of Sec. 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act'). Further prayer has been made for implementation of order dtd. 6/12/2016 (Annexure P-3) passed by the Maintenance Tribunal.

(2.) The controversy involved herein is summed up succinctly in an order dtd. 1/10/2018 passed by my learned brother R. K. Jain, J. (as he then was in this Court) which is reproduced as under :

(3.) In the aforesaid background, it would be apposite to reproduce the relevant Ss. 8 and 16 of the Act under which appeal is filed to determine whether the appellate authority has the power to remand the appeals or is mandatorily required to be decided on merits instead of de novo reconsideration of the same by the Tribunal below, in case even if admittedly there is some irregularity committed by the Tribunal below: