What procedure should be followed by lok adalat for passing award?

The language of the regulation is so explicit that there is no room for doubt about the role of the Lok Adalat, the nature of the award and the procedure to be followed by the Lok Adalat when a matter is settled. It can be summarised thus:

(a) The Lok Adalat only guides and assists the parties to reach a settlement or compromise.

(b) It is the duty of the Lok Adalat to ensure that the parties fully understood the terms of the settlement or compromise before it is recorded.

(c) The terms of the settlement or the compromise shall be reduced into writing.

(d) The award shall be written in regional language used in the local courts or in English. It shall contain the particulars of the case, namely, the number of the case, the name of the court, the names of the parties, date of receipt of the case by the Adalat, the number assigned to it in its permanent register and the date of the settlement.

(e) Both parties shall sign or affix their thumb impressions in it.

(f) Where the parties are represented by counsel, they shall also be required to sign the settlement.

(g) The members of the Lok Adalat shall countersign it.

(h) The document containing the terms of the settlement or compromise becomes an award when the parties sign or affix their thumb impressions in it and the members of the Lok Adalat countersign it.

To this it may be added that if there is a provision for payment of any sum, it shall be expressed in figures as well as words. [15]

IN THE HIGH COURT OF KERALA AT ERNAKULAM

O.P. (C) No. 2696 of 2015 (O)

Decided On: 18.08.2016

 K.S. Sunil Vs. Sherly and Ors.

Hon'ble Judges/Coram:

K. Abraham Mathew, J.

Print Page

Important Judgments on Lok Adalat

Below are some important Lok Adalat Case Laws - 
Click on the title to open the post.

Whether Murder case can be settled in Lokadalat?

Court should refund court fees if case is settled in lokadalat

Whether award passed by Lok Adalat can be challenged before high court?

WHAT CASES CAN BE SETTLED IN LOK ADALAT?

More cases can be found here : 

http://www.lawweb.in/search/label/lok%20adalat

Print Page

Precaution to be taken by panel members of lok adalat when there is settlement between parties

The language of the regulation is so explicit that there is

no room for doubt about the role of the Lok Adalat, the nature of the

award and the procedure to be followed by the Lok Adalat when a

matter is settled. It can be summarised thus:



      (a) The Lok Adalat only guides and assists the parties to reach

a settlement or compromise.

      (b) It is the duty of the Lok Adalat to ensure that the parties

fully understood the terms of the settlement or compromise before it

is recorded.

      (c) The terms of the settlement or the compromise shall be

reduced into writing.

      (d) The award shall be written in regional language used in the

local courts or in English. It shall contain the particulars of the case,

namely, the number of the case, the name of the court, the names

of the parties, date of receipt of the case by the Adalat, the number

assigned to it in its permanent register and the date of the

settlement.

      (e) Both parties shall sign or affix their thumb impressions in it.

      (f) Where the parties are represented by counsel, they shall

also be required to sign the settlement.

      (g) The members of the Lok Adalat shall countersign it.

      (h) The document containing the terms of the settlement or

compromise becomes an award when the parties sign or affix their

thumb impressions in it and the members of the Lok Adalat counter

sign it.

      To this it may be added that if there is a provision for payment

of any sum, it shall be expressed in figures as well as words.

IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                                         PRESENT:

                               THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

                        THURSDAY, THE 18TH DAY OF AUGUST 2016

                                                OP(C).No. 2696 of 2015 (O)
                                               

                K.S.SUNIL, 
Vs
         SHERLY,
                      

Print Page