Award By Lok Adalat Non Executable If It Does Not Contain Signature Of Both Parties To Settlement: Kerala High Court
1 year, 5 months ago

Award By Lok Adalat Non Executable If It Does Not Contain Signature Of Both Parties To Settlement: Kerala High Court

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The Kerala High Court recently held that an award passed by the Lok Adalat which does not contain the signatures of both parties to the settlement is not valid in the eyes of law. A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both the parties must affix their signatures to the award and when the parties are represented by counsels they must also affix their signatures. I have already referred to the provisions of the Regulations 2009 which specifically mandates that both parties and the members of the Lok Adalat shall affix their signature then only it becomes an award. Regulation 17 further mandates that wherever the parties are represented by counsel they should also be required to sign the settlement or award before the members of the Lok Adalat affix their signature and therefore it is incumbent that both the parties as well as the lawyers should affix their signature.

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History of this topic

Lok Adalat Has Power To Pass Compromise Award, Cannot Adjudicate In Absence Of Settlement: Telangana High Court
1 month, 1 week ago

Lok Adalat Has Power To Pass Compromise Award, Cannot Adjudicate In Absence Of Settlement: Telangana High Court

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While quashing an order of a Mandal Legal Services Committee after noting that it was not a compromise/settlement award but in the nature of an execution petition pertaining to a property dispute suit, Telangana High Court said that the committee had exceeded its jurisdiction. The Mandal Legal Services Committee or for that matter the Lok Adalats do not have the …

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court
1 month, 1 week ago

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court

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The Gauhati High Court at Aizawl on Thursday set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to …

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
1 month, 1 week ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

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The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court
4 months ago

Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court

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The Punjab & Haryana High Court has made it clear that the guiding principles of natural justice, equity etc. under Section 22-D of the Legal Services Authorities Act are required to be followed by the Lok Adalat only in specific issues raised before it and that it cannot issue generalised directions without being conferred with any power to do so.The …

Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court
4 months, 2 weeks ago

Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court

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The Patna High Court on Tuesday held that it would be impermissible for the courts/tribunals referring a matter for settlement to Lok Adalats to examine the correctness of the award passed by the Lok Adalat. The court said that the referral courts/tribunals would also be barred from entertaining the challenge to the award passed in the Lok Adalat on the …

Lok Adalat 'Awards' Not Independent Verdict, Should Resist Temptation To Play Role Of Regular Judges: Orissa High Court
5 months, 3 weeks ago

Lok Adalat 'Awards' Not Independent Verdict, Should Resist Temptation To Play Role Of Regular Judges: Orissa High Court

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The Orissa High Court has reiterated that 'awards' passed by Lok Adalats are not independent adjudicatory verdicts, rather an administrative act of incorporating terms of settlement or compromise agreed upon by the parties in the form an 'executable order'. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of …

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition
9 months, 2 weeks ago

Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition

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The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 34 of the Arbitration …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
11 months, 3 weeks ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

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The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Lok Adalat Awards Deemed Decrees, Further Appeals U/S 96 CPC Not Allowed: Jammu & Kashmir High Court
1 year, 2 months ago

Lok Adalat Awards Deemed Decrees, Further Appeals U/S 96 CPC Not Allowed: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that every award issued by the Lok Adalat is deemed to be a decree of a Civil Court and is final and binding, hence closing the door to further appeals under Section 96 of the CPC. "Section 21 of the Legal Services Authorities Act, 1987 equates an award of …

Lack of Awareness Or Communication Not A Valid Ground To Challenge Lok Adalat Award: Kerala High Court
1 year, 5 months ago

Lack of Awareness Or Communication Not A Valid Ground To Challenge Lok Adalat Award: Kerala High Court

Live Law  

The Kerala High Court recently held that being unaware of the contents of a Lok Adalat award or not being communicated of the same is not a valid ground to challenge the award. dismissed a petition challenging the award issued by the Lok Adalat in a divorce and maintenance case. The petitioner-wife had approached the Court challenging an award issued …

Award Against Guarantor Who Is Not Member Of Multi State Co-Op Society, Without Jurisdiction: Bombay High Court
1 year, 11 months ago

Award Against Guarantor Who Is Not Member Of Multi State Co-Op Society, Without Jurisdiction: Bombay High Court

Live Law  

The Bombay High Court has set aside an award passed pursuant to an arbitral reference made under Section 84 of the Multi-State Cooperative Societies Act, 2002, since the award debtor was not a member of the Co-operative Society. The petitioner challenged that arbitral award by filing a petition under Section 34 of the Arbitration and Conciliation Act before the Bombay …

Enforcement Of Lok Adalat Award Does Not Require Payment Of Stamp Duty/ Registration: Bombay High Court
2 years ago

Enforcement Of Lok Adalat Award Does Not Require Payment Of Stamp Duty/ Registration: Bombay High Court

Live Law  

The Bombay High Court recently held that a Lok Adalat award, being equivalent to a civil court decree, can be enforced via an execution suit and does not require registration and payment of stamp duty for enforcement. Justice Sandeep V. Marne of the Aurangabad bench dismissed two writ petitions which claimed that a Lok Adalat award is a contract and …

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court
3 years, 5 months ago

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court

Live Law  

The Bombay High Court has held that an award of the Lok Adalat, being an executable decree binding between the parties, cannot be considered as an award of the Court under Part III of the Land Acquisition Act for the purposes of sec. Furthermore, it said: "We are, thus, of the view that the award of the Lok Adalat, through …

Punjab and Haryana High Court Directs Lok Adalats To Pass Awards In Compliance With Regulation 17 Of NALSA Regulations
3 years, 11 months ago

Punjab and Haryana High Court Directs Lok Adalats To Pass Awards In Compliance With Regulation 17 Of NALSA Regulations

Live Law  

While stating that "during long experience as a member of judiciary, I have not come across even a single case where the Lok Adalat has passed an award in compliance of provisions of Regulation 17 and specimen annexed thereto", Justice Rekha Mittal of the Punjab & Haryana High Court recently directed, "The Lok Adalats in the States of Punjab, Haryana …

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