MARLI VANKUNG
Sangluri – Appellant
Versus
H. Lalhmingmawia – Respondent
JUDGMENT :
(Marli Vankung, J.)
Heard Mr. Lalremtluanga, learned counsel for the petitioner. I have also heard Mr. L.H. Lianhrima, learned Sr. counsel for respondent No. 3, assisted by Ms. Ruth Lalruatfeli and Mr. Victor L. Ralte, learned counsel for respondent No. 4. Respondents Nos. 1 and 2 remain unrepresented though notice was served upon them by dasti mode as reflected in the order dated 20.09.2022.
2. The instant petition under Article 227 of the Constitution of India is for setting aside and quashing the Award dated 26.10.2019 passed by the Lok Adalat, Aizawl District Legal Service Authority under Section 19 of the Legal Services Authority Act, 1987 in connection with LA case No. 344 of 2019.
3. Mr. Lalremtluanga, the learned counsel for the petitioner submits that the impugned Lok Adalat Award dated 26.10.2019 is liable to be set aside, on the grounds that the Civil Suit No. 6/2009 was referred to Lok Adalat by the Court of Civil Judge (Senior Division), Aizawl, wherein the instant petitioner was not made a party. The Lok Adalat had acted beyond its powers conferred under sections 19 and 20 of the Legal Services Authority Act, 1987, in making the award against the petitioner,
Bithika Mazumdar & Anr. Vs. Sagan Pal & Ors.
Hemantha Kumar Vs. R. Mahadevaiah & Ors.
The Lok Adalat exceeded its jurisdiction by making a non-party to the original suit a party and failing to provide a fair hearing, violating the Legal Services Authority Act.
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.
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....
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
The Lok Adalat must comply with legal protocols regarding hearings and membership, or its awards risk being invalidated.
Point of law : Lok Adalat – Compromise award – cannot be challenged.
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
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