The Lok Adalat will pass the award with the consent of the parties, therefore there is no need either to reconsider or review the matter again and again, as the award passed by the Lok Adalt shall be final. Even as under Section 96(3) of C.P.C. that “no appeal shall lie from a decree passed by the Court with he consent of he parties”. The award of the Lok Adalat is an order by the Lok Adalat under the consent of the parties, and shall be deemed to be decree of he civil Court, therefore an appeal shall not lie from the award of the Lok Adalt an under Section 96(3) C.P.C.
Legal Services Authorities Act, 1987—Section 21—Negotiable Instruments Act, 1881—Section 138—decree—Act of 1987 does not make out any such distinction between reference made by civil Court and criminal Court—There is no restriction on power of Lok Adalat to pass award based on compromise arrived at between parties in a case referred by criminal Court under Section 138 of N.I. Act—By virtue of deeming provision it has to be treated as a decree capable of execution by a civil Court—execution petition restored.
When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.
(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal […]
Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties
In State of Punjab & Another Vs Jalour Singh & Others [AIR 2008 SC 1209] Apex Court Held Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to conciliation. A Lok […]
KEYWORDS:-Lok Adalat- AIR 2008 SC 1209 : (2008) 1 SCR 922 : (2008) 2 SCC 660 : JT 2008 (2) SC 83 : (2008) 2 SCALE 52 (SUPREME COURT OF INDIA) State […]