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..........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Non release of electric connection - Approach to Lok Adalat after a period of more than 18 years - Non release of electricity connection is a recurring cause of action as tubewell would not run without electric connection - Delay not a ground for rejecting the application u/s 22-C of the Act...........
Civil Procedure Code, 1908, Section 9 -- Lok Adalat award - Civil suit is maintainable to set aside award obtained by fraud...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Where an award is made by Lok Adalat in terms of a settlement arrived at between the parties, it becomes final and binding on parties to the settlement and becomes executable as if it is a decree of a civil court and no appeal lies against it to any Court - However, if any party wants to challenge..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Award passed by Lok Adalat in a pending litigation or in a pre litigation case is not ordinarily amenable to judicial review...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Third party cannot challenge the award in writ petition - Remedy of such party would be to institute a separate suit within the period of limitation prescribed under the law for necessary redressal and seek an appropriate decree...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Legal Services Authorities Act, 1987, Section 19, 20 -- Lok Adalat - Writ petition - No restriction or classification so far as nature of matter to be referred to Lok Adalat for settlement as long as those are not excluded like no, compoundable offences or issues relating to vires of a statue - Writ proceedings being in the nature of civil proceedings can be referred to..........
Legal Services Authorities Act, 1987, Section 19, 20 -- Lok Adalat - Party can directly approach Lok Adalat without approaching Court of Law...........
Legal Services Authorities Act, 1987, Section 20 -- Lok adalat - Compromise - Lok adalat is not a Court as defined under the Act or under CPC - Compromise or settlement should be between parties - Consent of both parties evidenced by their signature on compromise is condition precedent for any lawful order to be passed by Lok Adalat, so as to bind the parties - Signatures..........
