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        2022 (6) TMI 373 - SC - Indian Laws

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        Lok Adalat compromise awards are final and binding unless fraud or invalidity is strictly proved with reasoned findings. A Lok Adalat award founded on compromise has the force of a civil court decree and is final and binding on the parties. Writ interference is permissible ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Lok Adalat compromise awards are final and binding unless fraud or invalidity is strictly proved with reasoned findings.

                            A Lok Adalat award founded on compromise has the force of a civil court decree and is final and binding on the parties. Writ interference is permissible only where fraud or invalidity of the compromise is strictly established on cogent, reasoned findings; a compromise decree cannot be lightly recalled. As the objectors had accepted the consideration and failed to show its return, and the High Court set aside the award without dealing with the Lok Adalat's findings, the interference was held unjustified. The compromise recorded by the Lok Adalat was restored and the challenge failed.




                            Issues: Whether the High Court was justified in setting aside the Lok Adalat award recording the compromise and remanding the suit for fresh disposal, despite the findings recorded by the Lok Adalat and the allegation of fraud raised by the objectors.

                            Analysis: An award passed by a Lok Adalat on the basis of a compromise is deemed to be a decree of a civil court and is final and binding on the parties. A writ court may interfere where fraud is established, but such interference must rest on cogent reasons and a proper examination of the findings already recorded. A compromise or consent decree cannot be lightly recalled, and a party seeking to avoid it must strictly establish invalidity of the agreement or proof of fraud. The objectors had accepted the consideration stated in the compromise and had not shown that it was returned, while the High Court set aside the award in a cryptic manner without dealing with the Lok Adalat's findings.

                            Conclusion: The High Court's interference was not justified, and the Lok Adalat award recording the compromise could not be set aside on the facts found.

                            Final Conclusion: The compromise recorded by the Lok Adalat was restored and the challenge to it failed.

                            Ratio Decidendi: A Lok Adalat award based on a compromise has the force and finality of a civil court decree, and it cannot be set aside in writ jurisdiction unless the alleged fraud or invalidity of the compromise is strictly established by reasoned findings.


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                            ActsIncome Tax
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