Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Conciliation proceedings u/s 22-C of the Act are mandatory in nature...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat established in respect of public utility services, can carry out both conciliatory and adjudicatory functions - Permanent Lok Adalat would first conduct conciliation proceedings and attempt to reach an amicable settlement of dispute - However, if parties fail to reach an agreement, it shall decide..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Order 22, Rule 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Can be challenged by filing writ petition in the High Court and that too on very limited grounds - Setting aside of Lok Adalat Award by Civil Court after conducting detailed enquiry, for which he is not authorised, set aside...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Compromise - When a dispute in a pending civil case is referred to Lok Adalat and settled, entire Court fees paid is liable to be refunded - Deduction of 7% Court fee is clearly unsustainable when settlement of dispute, passing of award and consequential refund of..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff is relying upon further proceedings in Lok Adalat for claiming right and title over some of properties - However, award of Lok Adalat has not been mentioned in the plaint - Lok Adalat award, held, cannot be taken into consideration while dealing an application U.O.7.R.11 CPC -..........
