Lok Adalat.
Querist :
Anonymous
(Querist) 03 May 2011
This query is : Resolved
The Parties approach the court that he/she wants to transfer the case to the lok adalat then both the consent is required as p er the SC judgment right For a reference to Lokadalat consent of both the parties necessary. You may refer the judgement of Supreme Court in State of Punjab Vs. Jalour Singh [(2008)2 SCC 660]. In this judgement Supreme Court delineated the contours of Lok Adalat. But But if the court feels that matter should be transferred to the lok adalat then the consent of the parties are required. “”””Especially when the court feels & not when the parties have applied to the court””””””
At any stage the court fees is refund to the parties when the case is trf to lok adalat ? The Point is in any stage of the proceedings which is going on in the court. ? Any stage.
Binding precedent are applicable to the lok adalat.
Thanks.
Raj Kumar Makkad
(Expert) 03 May 2011
As per Lok Adalat Act, the court fee shall be refunded to the parties if compromise is made in Lok Adalat. Case can be transferred to Lok Adalat at any stage.
Kiran Kumar
(Expert) 03 May 2011
its correct that the matter can be referred to Lok Adalat at any stage....and if some compromise occurs then certainly the court fee is refunded.
Querist :
Anonymous
(Querist) 03 May 2011
Sir's Thanks To All LD Members
But
1)Binding precedent are applicable to the lok adalat.
Guest
(Expert) 03 May 2011
yes, case can be transfer to lok adalat at any stage and court fee shall be refunded to the parties.
Section 89- Settlement of disputes outside the Court
judgment;
http://www.lawyersclubindia.com/judiciary/Section-89-of-the-Code-of-Civil-Procedure-Code-for-short--1849.asp
Guest
(Expert) 04 May 2011
Agree with the experts.
