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Checking relevance for State of Punjab VS Jalour Singh...
2008 0 Supreme(SC) 88 : The remedy against a Lok Adalat award, when it is based on a compromise or settlement between the parties and duly signed by them, is limited to filing a petition under Article 226 and/or Article 227 of the Constitution of India, but only on very limited grounds. However, if no compromise or settlement was reached and the Lok Adalat''''s order is not an ''''award'''' in the legal sense (e.g., it merely proposes terms and allows parties to object and move the High Court for disposal on merits), then such an order is not binding, does not attain finality, and the appeal remains pending before the High Court. In such cases, the appropriate remedy is for the High Court to hear and dispose of the appeal on merits, as the Lok Adalat had no jurisdiction to adjudicate or pass a final decision without consent. The order of the Lok Adalat in this case was held to be void because it exceeded its jurisdiction by acting like a court and imposing a decision without consensus, and thus the High Court should have heard the appeal on merits rather than directing a petition under Article 227.Checking relevance for K. Srinivasappa VS M. Mallamma...
2022 6 Supreme 282 : The remedy against a Lok Adalat award is limited due to its finality. No appeal lies against a Lok Adalat award under Section 96 of the Civil Procedure Code, 1908, as the award is deemed to be a decree of a civil court and is final and binding on the parties. However, a writ petition may be maintainable before a High Court if it is filed alleging fraud in the manner of obtaining the award, provided the allegation of fraud is proved strictly. The award cannot be set aside without establishing that the facts recorded in it were fraudulent or that the compromise was induced by fraud. The High Court cannot set aside the award without proper reasoning and conclusive proof of fraud.Checking relevance for B. P. MOIDEEN SEVAMANDIR VS A. M. KUTTY HASSAN...
2008 0 Supreme(SC) 1835 : The remedy against a Lok Adalat award is not available through appeal or revision, as the award is final and binding. However, if the Lok Adalat''''s award is based on a compromise or settlement, and the parties fail to implement it, the aggrieved party may approach the court for enforcement of the award as a decree. If the award is not based on a genuine settlement but is a hybrid order containing directions or decisions without consent, it may be challenged as illegal or invalid. In such cases, the court may set aside the award and restore the case for hearing on merits. Additionally, if a party is denied a fair opportunity to be heard or if the award was passed without a real settlement, the court may intervene. The Supreme Court has emphasized that no Lok Adalat has the power to adjudicate or make decisions on merits; its role is purely conciliatory. Therefore, any award that purports to determine rights or obligations without a settlement is not a valid award and can be challenged. The court may also restore an appeal dismissed due to the absence of counsel, especially if the dismissal was influenced by prejudice arising from the party''''s conduct before the Lok Adalat, which is irrelevant to the merits of the case.Checking relevance for Estate Officer VS H. V. Mankotia (Retired)...
2021 7 Supreme 300 : The remedy against a Lok Adalat award is not available if the award is a compromise or settlement between the parties. However, if no compromise or settlement is arrived at and the Lok Adalat does not make an award, the matter must be returned to the court from which it was referred for disposal in accordance with law. In such a case, the aggrieved party may approach the original court for further proceedings. Additionally, if the Lok Adalat exceeds its jurisdiction by deciding a matter on merits in the absence of a compromise, the decision can be challenged through writ jurisdiction under Article 226 of the Constitution of India, as demonstrated in the case where the Madhya Pradesh High Court quashed the Lok Adalat''''s order on merits and remanded the matter for decision on merits by the High Court.Checking relevance for New Okhla Industrial Development Authority (Noida) VS Yunus...
2022 2 Supreme 486 : There is no remedy against a Lok Adalat award because it is not a judicial decision but a compromise arrived at by the parties. The award is treated as a decree by legal fiction under Section 21 of the Legal Services Authorities Act, 1987, but this does not grant it the status of a court judgment that can be challenged in appeal or revision. The award is enforceable like a decree, but it cannot be the basis for invoking Section 28A of the Land Acquisition Act, 1894, for redetermination of compensation. If no compromise is reached, the matter is returned to the court for adjudication. Thus, the only way to challenge a Lok Adalat award is through a civil suit for enforcement or by challenging the compromise on grounds of fraud, coercion, or illegality, but not by seeking a review or appeal on merits.
