Legal Services Authorities Act, 1987 S. 22-C, (1), Proviso – jurisdiction – Dispute – Genuineness of the claim itself is in dispute – Nature of dispute – Relating to an offence – insurance – Burglary – In this case, the genuineness of the claim itself is in dispute – Where the parties have taken extreme positions, the same prima facie may not be the subject matter of conciliation which provides for a non binding settlement – For the said purpose, the dispute under the criminal procedure and/or the nature thereof would also play an important role – Whereas Respondent states that the burglary has taken place, the appellant denies and disputes the same – In a criminal case, the accused shall be entitled to raise a contention that no offence has taken place. If the criminal court form an opinion that an offence had taken place, which otherwise is a non-compoundable one, the term “relating to an offence” should be given wider meaning – The terms “relating to” an “offence” appearing in Proviso 1 must be interpreted broadly, and as the determination before the Permanent Lok Adalat will involve the question as to whether or not an offence, which is non-compoundable in nature, has indeed been committed, this case falls outside the jurisdiction of the Permanent Lok Adalat.
read here 2008 PLRonline 0104
