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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kaushik Goswami
Mridul Rajkhowa, S/o- Late Jughdhor Rajkhowa – Appellant
Versus
District Legal Services Authority, Nagaon district – Respondent
| Table of Content |
|---|
| 1. challenge to national lok adalat award (Para 4 , 5 , 6) |
| 2. arguments about coercion and procedure under the lsa act. (Para 7 , 18) |
| 3. finality of lok adalat awards (Para 8 , 10 , 15) |
| 4. legal services authorities act provisions (Para 11 , 13 , 14) |
| 5. legal importance and binding nature of lok adalat awards. (Para 16) |
| 6. validity of compromise agreement (Para 19 , 20) |
| 7. abuse of writ jurisdiction (Para 34 , 36) |
| 8. finality of the lok adalat award despite allegations of coercion. (Para 35) |
| 9. dismissal of writ petition (Para 38 , 39) |
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. S. Khound, learned counsel appearing for the petitioners. Also heard Mr. K. M. Mahanta, learned counsel appearing for the respondent Nos. 3 & 4.
2. Pertinent that though notices have been duly served upon respondent Nos. 1 & 2 as is apparent from the Office Note dated 30.12.2019, there has been no representation on behalf of the aforesaid two respondents.
3. The pleadings having been completed, the writ petition is taken up for final disposal at the stage of Admission with the consent of the learned counsels appearing for the parties.
4. By way of this writ petition under Article 226 of the Constitution of I
The award of a Lok Adalat is final and binding unless challenged on clearly established grounds such as fraud or misrepresentation, as per the Legal Services Authorities Act.
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.
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....
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.
An award from a Lok Adalat can be challenged in a writ petition if obtained through fraud or misrepresentation, as such awards are akin to compromise decrees.
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