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

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 …

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 …

Award

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

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

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 …

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

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 …

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

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 …

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

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

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

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 …