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1 - 5 of 5 (0.26 seconds)Leela vs The Manager, National Insurance Co. on 8 January, 2008
5. As contended by the learned counsel for the petitioners,
in the judgment relied on, the Division Bench after noticing
regulation 33(1) of the Regulations, has held that since the
claimant did not sign the settlement the award is non est in law
and that the said award is not binding on the appellant therein.
The principles laid down in this judgment applies to this case and
therefore the petitioners are justified in placing reliance on this
judgment.
Panthalakunnummal Pokkutty'S ... vs Puthalath Balakrishnan Nair on 21 June, 1966
340), it has been held by the Apex Court that the decree passed
by a court without jurisdiction is a nullity and that its invalidity
could be set up whenever and wherever it is sought to be
enforced or relied upon and that it could be challenged, even at
the stage of execution and even in collateral proceedings. This
judgment of the Apex court has been followed by a Division Bench
of this court in Kunheema Umma & Ors. V. Balakrishnan
Nair ( 1967 KLT 629).
State Of Punjab & Anr vs Jalour Singh & Ors on 18 January, 2008
7. As held by the Apex Court in State of Punjab V. Jalour
Singh & Ors. (2008(2)SCC 660), the Lok Aalath has no
adjudicatory or judicial function and their function is purely
conciliatory. Lok Adalath determines a reference on the basis of
terms of settlement between the parties at its instance and put
its seal of confirmation by making an award in terms of the
compromise or settlement. When the Lok Adalath is unable to
persuade the parties to arrive at a settlement or compromise, no
award is made and the case will be returned to the court which
made the reference. Making of the award incorporating the
terms of settlement or compromise agreed by parties in the
WPC.No.26560 /09
:8 :
presence of Lok Adalath in the form of an executable order under
signature and seal of the Lok Adalath has been held to be an
administrative act. Once an award is made by the Lok Adalath in
terms of the settlement arrived at between the parties, which is
duly signed by the parties and annexed to the award of the Lok
Adalath, it becomes final and binding on the parties to the
settlement and is executable as if it is a decree of the civil court
and no appeal will lie against the award, to any court.
Section 21 in The Legal Services Authorities Act, 1987 [Entire Act]
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