Title: Babumon K.G. v. State of Kerala & Ors
Decided on: 07 November, 2023
+ WA NO. 547 OF 2023
CORAM: HON’BLE Justice A.Muhamed Mustaque
Introduction
According to a recent ruling by the Kerala High Court, procedural infractions alone will not be sufficient to invalidate an award made by a Legal Services Authority; instead, it would be necessary to prove that the Authority lacked the authority to make the decision.
Facts of the Case
The appellant contended that the award was made because they had consented to pay Rs. 10,83,808 in two installments. The appellant contested the award on two grounds: first, a procedural breach; and second, a threat about the impugned award that the third respondent had directed at him. It was argued that as Section 20 of the Legal Services Authorities Act, 1987 (the “Act, 1987”) “overrides all other provisions,” the parties should have applied to take jurisdiction in order to pass an Award.
Courts analysis and decision
The Court rejected all of the appellant’s arguments on the merits and stated that, as contemplated by Section 19(5) of the Act, 1987, which specifies a Lok Adalath’s jurisdiction in determining and reaching a compromise or settlement between parties, the Lok Adalat was competent to pass an Award with respect to any matter falling within its jurisdiction and not pending before a court. We are unable to locate any procedural flaw that would impair Lok Adalath’s jurisdictional ability to make such an award under these circumstances. A court cannot tamper with an award like that. It noted that the learned single judge declined the challenge in a proper manner. As a result, the appeal was denied.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Hargunn Kaur Makhija
