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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Sushila Devidas Ghorpade – Appellant
Versus
Ganesh Anandrao Jagdale – Respondent
| Table of Content |
|---|
| 1. fraud allegations require thorough scrutiny in court proceedings. (Para 2 , 4 , 5) |
| 2. arguments presented by both parties on fraud and ownership were critically analyzed. (Para 11 , 12 , 14) |
| 3. the distinction of lok adalat awards requires specific legal standards for validity. (Para 27 , 28 , 32) |
| 4. procedural missteps in the lok adalat led to concerns regarding the validity of the award. (Para 36 , 39 , 44) |
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the consent of the parties, heard finally.
2. The Petitioner – Defendant takes exception to the legality and validity of the Award dated 17 March 2019 passed by the Lok Adalat, Madha, Solapur, on the basis of the compromise pursis (Exh.8) in RCS No.159 of 2019 instituted by the Respondent – Plaintiff, primarily on the ground that the said compromise pursis and the Award were obtained by playing fraud on the Petitioner and the Lok Adalat.
3. The background facts, in which the challenge to the Award passed by the Lok Adalat arises, can be summerized as under :
3.1 The Petitioner – Defendant is the owner of agricultural land bearing Gat No.780 admeasuring 2 H and 30 Are situated at Madha, Dist
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
The finality and binding nature of awards passed by Lok Adalat, and the prohibition on filing suits to set aside a decree based on a compromise.
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
Lok Adalat awards are final and binding unless substantial proof of fraud or misrepresentation is provided within a reasonable timeframe by the petitioning party.
Point of law : Sub-section (4) of Section 20 of the Legal Services Authorities Act, 1987 stipulates that every Lok Adalat at the time of settlement or compromise between the parties shall be guided b....
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
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