2009 (11) TMI 992 - HC - Indian Laws

Summary

Issues involved:
1. Interpretation of Section 21 of the Legal Services Authorities Act, 1987 regarding the executability of awards passed by Lok Adalat in cases referred from criminal courts.
2. Whether an award passed by Lok Adalat on reference from a criminal court can be considered a decree of a civil court and thus be executable by the civil court.

Judgment Details:
1. The petitioner filed a complaint u/s 138 of the Negotiable Instruments Act, which was settled in Lok Adalat resulting in an award for payment in instalments. The petitioner sought execution of the award in the Munsiff Court, which was declined. The challenge was made u/s Article 227 of the Constitution of India.
2. The petitioner contended that as per Section 21 of the Legal Services Authorities Act, every Lok Adalat award is deemed to be a decree of a civil court. Case laws were cited to support this argument.
3. The court considered whether an award from Lok Adalat in a criminal case can be treated as a civil court decree. It was held that awards from Lok Adalat on criminal case references cannot be executed as civil court decrees. The court emphasized that a criminal court cannot pass a decree, and thus, an award from Lok Adalat on a criminal case reference remains an order of the criminal court.
4. The judgment concluded that the Munsiff's order declining execution of the Lok Adalat award in the present case was proper. The petition lacked merit and was dismissed.