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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Venu Sat Yalamanchili – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner alleges fraud in transactions. (Para 2 , 3 , 4 , 5) |
| 2. demand for adherence to statutory requirements (Para 6 , 8) |
| 3. arguments against the petition's maintainability (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. discussion on petitioner’s rights and statutory requirements. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. recognition of the impact of fraud on legal actions. (Para 28 , 29) |
| 6. decision to set aside the lok adalat award. (Para 30) |
| 7. final order restoring the case to trial. (Para 31 , 32) |
ORDER:
Gadi Praveen Kumar, J.
1. Heard Sri G.V.R.Chowdary, learned counsel representing Sri G.Vasantha Rayudu, learned counsel appearing for the petitioner, Sri Mahesh Raje, learned Government Pleader for Home appearing for the respondent No.1, Sri P.Shashi Kiran, the learned Standing Counsel appearing for the respondent No.2, Sri V.Ramesh, learned counsel appearing for the respondent Nos.5 to 10 (Online), and Sri Satyasiri, learned counsel appearing for the respondent Nos.11 & 12.
2. The present Writ Petition is filed assailing the action of the 2nd respondent in passing an award dated 08.09.2023 allowing the petitions filed by the respondent Nos.5 to 10 and closing CC.No.492 of 20
The absence of the complainant's consent in a Lok Adalat compromise invalidates the award, as statutory requirements for notice and participation are fundamental to upholding justice and preventing f....
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....
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
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....
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
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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