Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Guidelines issued by any State Legal Services Authority of High Court are not binding either on High Court or on MACT to determine just and fair compensation - Such guidelines would apply as guiding factor in cases where proof of income is not available and ordinarily to decide the cases in Lok Adalat...........
Legal Services Authorities Act, 1987, Section 20 -- Jurisdiction of Lok Adalat - Non-appearance of a party - No power vested in Lok Adalat to dismiss a case referred to it for non-prosecution, if a party fails to appear before it...........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Can pass an award only if party arrive at compromise or settlement - In case no such compromise or settlement is arrived at, only option available with Lok Adalat is to refer the case back to concerned Court for its disposal under law...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Legislative intention is that Court fees is to be refunded, when parties adopt one or the other mode of settlement of dispute, as referred in S.89 CPC or when an award is passed in the Lok Adalat...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Parties never adopted either of mode of settlement as referred in S.89 CPC - Even, no award was passed by Lok Adalat - Merely because after execution of sale deed pursuant to judgment and decree of Court, statement was made by DH that matter had been compromised, he..........
Legal Services Authorities Act, 1987, Section 20(5) -- Lok Adalat - Cannot dismiss a case referred to it in default of appearance of a party...........
Legal Services Authorities Act, 1987, Section 20(5) -- Lok Adalat - Where no award or decision is made by Lok Adalat due to failure to reach an agreement, case record is to be sent back to Court from which the reference was initially received - Court then takes over and proceeds to handle the case as per appropriate legal procedures and laws...........
Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Indian Penal Code, 1860, Section 498A, 420, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Parties entered into compromise before Lok Adalat - However, wife withdrew her consent from compromise - Proceedings were re-initiated on vexatious grounds - Allegations against accused are wholly general and omnibus in nature and even if they are taken in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties arrived at a settlement before Lok Adalat in D.V proceedings and total maintenance of Rs.10,000 p.m fixed for wife and children - Husband not pleaded said settlement award same before Family Court in his counter to application u/s 24 of H.M Act - Since liberty was reserved by wife to claim..........
