Showing posts with label contested. Show all posts
Showing posts with label contested. Show all posts

Saturday, 3 January 2015

Whether lok adalat can decide case on merit on the ground that case is not contested?



We   have   carefully   perused   the   provisions   of   the   Legal 
Services   Authorities   Act,   1987   and   in   particular     Section   20   thereof. 
Prima facie, we are of the view that if there is no settlement arrived at 
before the Lok Adalat,  the obligation of the Lok Adalat is to return the 
record of the case to the concerned Court for disposal in accordance 
with law.   Prima facie, it appears to us that the Lok Adalat does not get 
jurisdiction to decide the case referred to it on merits on the ground 
that the case is not contested.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5105 OF 2014
Shri Rajabhau Damodar Raikar.

Vs
The Assistant Charity Commissioner No.2,
Pune Region, Pune, and Others.

CORAM  :  A.S. OKA & A.S.GADKARI, JJ 
DATED    :     18TH NOVEMBER 2014

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