Legal Services Authorities Act, 1987, Section 2, 22A, 22C, 22D, Constitution of India, 1950, Article 39A -- Direction issued by Permanent Lok Adalat to incorporate name of respondent No.2 as owner of property - Sustainability - Several civil court decrees for and against the parties - Held, dispute is beyond the scope of Permanent Lok Adalat, which are not alternative..........
Legal Services Authorities Act, 1987, Section 19, 20 -- Lok Adalat - Can dispose of the matter only when there is a compromise or settlement between the parties - If no compromise or settlement is or could be arrived at, no order can be passed by the Lok Adalat...........
Legal Services Authorities Act, 1987, Section 19, 20 -- Lok Adalat - Award - Once award is made in terms of a settlement arrived at between the parties, it becomes final and binding on the 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, it can be challenged under Article 226..........
Legal Services Authorities Act, 1987, Section 2(1)(aaa), 19(5), 22, Criminal Procedure Code, 1973, Section 320(2) -- Lok Adalat - Whether a court or not? - Held, Lok Adalat is not a court as referred to in S.320(2) Cr.P.C. which deals with powers of court in according permission for compounding the offence by persons mentioned in column No.3 of the table appended thereto...........
Legal Services Authorities Act, 1987, Section 22C(1), 22C(4), 22C(8) -- Permanent Lok Adalat - Insurance claim for theft - Insurance company disputed fact of theft - Determination before Permanent Lok Adalat will involve the question as to whether or not an offence, which is non-compoundable in nature, has indeed been committed - Held, the case falls outside the..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226, 227 -- Recovery of debt - Petitioner seeking direction to bank to not send goondas to recover balance amount - Failure of defaulter to honour earlier settlement reached before Lok Adalat - Bank denied allegations of..........
Legal Services Authorities Act, 1987, Section 21(1) -- Lok Adalat - Order of Permanent Lok Adalat challenged after six years - Order set aside as the same was not passed on consent or compromise - Held, unless the award of the Lok Adalat is based upon consent, the same is a nullity...........
Constitution of India, 1950, Article 226, Legal Services Authorities Act, 1987, Section 22C(1), Electricity Act, 2003 -- Cognizance of cases by permanent Lok Adalat - Issue is in regards to avoidable harassment and expense on respondent who took electricity connection from Board - Meter was replaced by new one on account of it being running slow - Failure of Board in..........
Legal Services Authorities Act, 1987, Section 20, 23 -- Lok Adalat - Has no adjudicatory or judicial functions - Its functions relate purely to conciliation - It determines a reference on the basis of a compromise or settlement between the parties - Lok Adalat has no power to hear parties to adjudicate a case - It discusses the subject matter with the parties and persuades..........
Legal Services Authorities Act, 1987, Section 20, 23 -- Lok Adalat - Award in terms of a settlement arrived at between the parties, duly signed by parties and annexed to the award - It is final and binding on parties - It is executable as if it is a decree of a civil court - No appeal against it lies to any Court - Such an award can only be challenged by filing a petition..........
