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Lok Adalat has no jurisdiction to decide on the merits if no compromise between the parties: SC

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Lok Adalat has no jurisdiction to decide on the merits if no compromise between the parties: SC







perspectivesinde.com

1970-01-01T05: 30: 00 + 0530

New Delhi, October 7 (PTI) Lok Adalat does not have jurisdiction to decide the case on the merits once it is found that a compromise or settlement could not be reached between the parties, said on Thursday the Supreme Court.

The Supreme Court said the provisions of the Legal Services Act 1987 made it clear that the jurisdiction of the Lok Adalat would be to determine and come to a compromise or settlement between the parties to a dispute.

He said that once a settlement or compromise fails, the Lok Adalat must return the case to the court whose referral was received for elimination according to the law.

“The Lok Adalat has no jurisdiction to decide the case on the merits once it is found that a compromise or a settlement could not be found between the parties,” said bench of judges MR Shah and AS Bopanna.

The judgment was issued following an appeal by the estate agent challenging the 2013 Madhya Pradesh High Court order in which, in a Lok Adalat, Lok Adalat members considered the merits of the petition and dismissed the case. on the background.

The Supreme Court said the order issued by Lok Adalat dismissing the petition on the merits is unsustainable and deserves to be overturned and overturned.

He rejected the argument that once the case was brought before the Lok Adalat with his consent, it was justified to decide the case on the merits.

“The consent to submit the case to Lok Adalat was intended to reach a settlement and / or compromise between the parties and not to submit the case to Lok Adalat to settle the case on the merits.

“Once there is no compromise and / or agreement between the parties before the Lok Adalat, as provided for in subsection (5) of Article 20 of the Services Act 1987 legal, the case should be remitted to the court from where the case was remitted to Lok Adalat to decide the case on the merits by the court concerned, “the magistrate said. PTI PKS

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Disclaimer: – This story has not been edited by Outlook staff and is auto-generated from news agency feeds. Source: PTI



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