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..........
Delhi Legal Services Authorities Act, 1987, Section 19 -- Jurisdiction - As per Section 19(5), any matter falling within the jurisdiction and not pending before any court, the Lok Adalat is competent to pass such an Award...........
Legal Services Authorities Act, 1987, Section 22(C) -- Permanent Lok Adalat - Conciliation proceedings u/s 22(C) of the Act are mandatory in nature - Failure to make efforts for conciliation would vitiate the award of permanent Lok Adalat - Award of Permanent Lok Adalat set aside - Matter remanded...........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Permanent Lok Adalat - Setting aside - Partition suit - Permanent Lok Adalat can only resolve dispute in relation to public utility services - Subject matter of partition suit does not relate to any public utility services over which Permanent Lok Adalat can exercise jurisdiction - Award of Permanent Lok Adalat..........
Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Order 20, Rule 6(1), (9) -- Award of Lok Adalat - Execution - An award to be executable must have all the characters of a decree - While passing the award Lok Adalat must refer to O.20.Rr.6(1) & (9) CPC which refers to the contents of decree - When no details are reflected in the award then same..........
Legal Services Authorities Act, 1987, Section 22C(7), Kerala State Legal Services Authority Regulation, 1998, Rule 33, National Legal Services Authority (Lok Adalats) Regulations, 2009, Rule 17 -- Award of Lok Adalat - Award not signed by parties - When award is not signed by parties, award is not binding on them - Signatures of lawyer alone in the award cannot validate..........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Award can be made only on compromise between parties - If parties do not arrive at a compromise or settlement, Lok Adalat is bound to remit back the matter to Court...........
