Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount from the State - Appeal..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Final and binding on all parties to dispute - Appeal does not lie against award - However, High Court by invoking provision of Art.227 of Constitution, can interfere such award, if same is passed by overlooking the mandatory provisions of law...........
Legal Services Authorities Act, 1987, Section 21, Hindu Adoptions and Maintenance Act, 1956, Section 9, 10 -- Award of Lok Adalat - Adoption - Mandatory provisions of Ss.9, 10 of the 1956 Act violated while passing of award - Lok Adalat cannot pass award contrary to the provisions of law - Award of Lok Adalat quashed...........
Admission -- Under disadvantaged group - Disadvantaged group includes member of Scheduled Caste therefore, irrespective of income of petitioner parents, petitioner is entitled to admission under EWS/disadvantaged group - Petitioner allowed to continue her study in the school under disadvantaged group and she is entitled to all benefits/entitlements under the said group -..........
Legal Services Authorities Act, 1987, Section 22B, 22E -- Permanent Lok Adalat - Consists of three members including Chairman - Award has to be by majority - Out of three atleast two members are required for passing award - Impugned order passed by Chairman singly - Award set aside and case remanded for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement in Lok Adalat - Award passed - Substantial portion of award complied with - In backtrack of the settlement a party cannot proceed with prosecution - Proceedings quashed...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Pecuniary jurisdiction - Permanent Lok Adalat shall not have jurisdiction in matters where value of property in dispute exceeds ten lakh rupees...........
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4) -- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4)..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - Wife agreed to statement made by husband and accepted maintenance u/s 125 Cr.P.C. - Wife cannot resile from the statement made by her counsel - More so, wife got re-married and therefore even the continuation of marriage is under serious doubts - No interference warranted in the..........
