Legal Question in Criminal Law in India

Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

a cr. comp. filed against a lady u/s 138 which has been referred to lok adalat of the same court. The lady has appeared and entered into a mutual agreement with me for payment with a default condition that she will be liable for double the amount as compensation besides one year imprisonment in case of her not making the payment on the due date and the same was passed by the lok adalat as an award. She has not made the payment and I have filed an execution petition with the same court and after servicing notice by the Court, since she has not appeared, the Court has issued NBW against her. Now she has approached High Court with a petition to dismiss the award passed by the Lok Adalat stating that the Court has no power to pass punishment award as it is a pre-litigation case and has no power to execute the award passed by the same court lok adalat. The case filed has beenposted for admission. Please advice me whether the award is valid and can I get relief from the High Court by dismissal of her petition? Is the complaint filed by me is a pre-litigation case?


Asked on 3/21/08, 5:19 am

6 Answers from Attorneys
Alok Sharma Alok Sharma & Associates

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

civil liablity will stand. However, lok adalat cannot pass sentence. Further you have said that the agreement was between you and lady. The court is not a party. Therefore, she also can not be tried for contempt.

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Answered on 3/21/08, 9:04 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

You can get civil rights enforced as Lok Adalat settlement/compromise and award pass is like decree.

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Answered on 3/26/08, 6:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

First of all in this case the lady cannot be tried for contempt as the agreement was between you and the lady. Lok adalat cannot pass sentance and therefore civil liability will definately stand.

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Answered on 3/25/08, 3:44 am

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

As such there is no conception of any pre-litigation case.The award is valid for every reason and as such the is no illegality.Lok adalat might have recorded her statement and accordingly passed the order.You have everychance to win the case but your sucess or failure depends upon the merit of the case and also upon the calibure of opposite advocate.In case of need,contact with details,professional charges are applicable.

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Answered on 3/21/08, 5:37 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

Award will be illegal as far as term of 1 year imprisonment is concerned. However, other part of Award can be executed.

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Answered on 3/22/08, 2:32 am
Vivek Mapara Vivek N. Mapara

Re: Petition filed u/s 482 cr.p.c. against execution of award passed by lok adalat

A compromise/settlement arrived in lok adalat, is as good as decree/order of the court, and it is binding on both the parties. SO settlement is binding on lady.

The award can be passed by same court, which is trying the mattter, so there is no illegality. There is only one way of challenging award i.e. fraud, and which is lacking here, so I doubt if high court will quash the award.

My only doubt is, as to whether criminal imprisionment award passed by lok adalat is legal or not, cause till now i have not come across any such award or precedent, where default impersionment claused is incorporated.

So do let me know, what high court has to say about the clause. Otherwise you have good case on merits.

Feel free to contact

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Answered on 3/21/08, 6:02 am


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