Legal Services Authorities Act, 1987, Section 22(e) -- Medical claim - Awarded by Permanent Lok Adalat - As per petitioners, medical claim of respondent No.2 should be discarded by saying that respondent No.2 suffered from congenital disease falling under exclusion clause of medical insurance policy - However, respondent No.2 has not shown any symptoms of any defective..........
Legal Services Authorities Act, 1987, Section 20, 21 -- Award of Lok Adalat - Cannot be challenged invoking Article 227 of the Constitution - Members of Lok Adalat act as "conciliators" to facilitate settlement between the parties - They cannot decide a dispute - Lok Adalat is not an adjudicating body - If it has no power to adjudicate, it can neither be called as a..........
Indian Penal Code, 1860, Section 498A, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 323 IPC - Compromise - Quashing of FIR - Parties resolved their dispute before Lok Adalat and both are residing together as husband and wife - Allegations in FIR reveals that case squarely falls in the category of cases which can be quashed by High Court -..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Deemed to be a decree of Civil Court - Award is final and binding on all parties to dispute - Remedy by way of appeal is barred against award...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenge - Custody of minor - Award passed on basis of agreement between parties regarding custody of child - Finality is given to agreement by law - Such finality cannot be challenged on ground that application does not contain prayer regarding custody of child - No change of circumstances was..........
Electricity Act, 2003, Section 43, Legal Services Authorities Act, 1987, Section 22(c) -- Petitioner has got electric connection on basis of Will - Will has been revoked - Bequeather/testator is alive - Since status of petitioner is of licensee, he can on his own volition settle with owner or vacate premises, instead of unnecessarily contest suit on one reason or other and..........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat - Jurisdiction - Detailed evidence required to decide the serious dispute - Permanent Lok Adalat has no jurisdiction - It is Civil Court which has jurisdiction...........
Legal Services Authorities Act, 1987, Section 22C(6), Haryana Municipal Corporation Act, 1994, Section 408A -- Cognizance of cases - Though vide notification housing has been brought within embrace of Public Utility Services, but manner and mode in which complaint has been entertained by Permanent Lok Adalat is not appreciable as dispute between Municipal Corporation and..........
Legal Services Authorities Act, 1987, Section 22C(6), Haryana Municipal Corporation Act, 1994, Section 408A -- Cognizance of cases - Order of declining application and culminating into final order is ex facie not only erroneous but against principles of natural justice much less audi alteram partem - Once there is clear cut pleadings with regard to have given possession of..........