Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Pecuniary jurisdiction - Permanent Lok Adalat shall not have jurisdiction in matters where value of property in dispute exceeds ten lakh rupees...........
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4) -- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4)..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - Wife agreed to statement made by husband and accepted maintenance u/s 125 Cr.P.C. - Wife cannot resile from the statement made by her counsel - More so, wife got re-married and therefore even the continuation of marriage is under serious doubts - No interference warranted in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Cheque issued as per settlement dishonoured - Second complaint - Held, second complaint is not maintainable as cheque was not issued in discharge of debt or liability - However, complainant is liberty to take appropriate action for enforcement of settlement arrived at between..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21, Legal Services Authorities Act, 1987, Section 21, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 12 of Act of 2005 - Matter referred to Lok Adalat - Award passed by Lok Adalat - Award passed by Lok Adalat on a reference made by Criminal Court is deemed to be an order passed by Criminal..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Suit for specific performance - Compromise decree - Decree which is brought under compromise cannot be in any way altered by Court - Court has no such power, for otherwise, it would mean that what parties have agreed upon can be subject to variation by Court's discretion - Court does not enjoy any such..........
Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat - Does not simply adopt the role of an Arbitrator - Authority has to take recourse to conciliation mechanism - Conciliation only at the final stage of proceedings would adopt the role of an arbitrator - Matter adjudicated without conducting conciliation proceedings, held, not proper...........
Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat (PLA) - Formulation of questions before proceeding to adjudicate - (i) Whether PLA has jurisdiction on subject matter; (ii) Primary role of PLA is that of conciliation upon failure of parties to reach an agreement, PLA mutates into an adjudicatory body; (iii) PLA should not give an impression to..........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Non-faming of issues - Effect - Since all the grounds and facts and circumstances have been duly referred to and submissions of parties have been taken care of, non framing of issues prior to endeavoring to decide the case on merits does not affect the case - Moreover, technicalities as..........
