Wednesday, March 2, 2022

Where one Act is Special Act and other Act is General and in case of inconsistency between provisions, provisions of Special Act will override provisions of General Act.

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Sections 4, 23 and 2(b) Order of eviction - Validity of - Right to protection of life and property - Relief of residence to senior citizens and parents cannot be granted unless there is order of eviction of persons who have forcefully occupied premises of such parents and senior citizens - Where a person has right and interest in property, his eviction does not deprive him of his title or interest in property - It only safeguards right of senior citizen - Order of eviction upheld.
B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 3 Interpretation and applicability of statutes - Held, where one Act is Special Act and other Act is General and in case of inconsistency between provisions, provisions of Special Act will override provisions of General Act.

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