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Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2010 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System Nov 2010 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2010 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2010 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2010 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer the following questions in not more than two sentences
20 Marks - 2 marks each
(a)What is the nature of the Award of Lok Adalat?[2]
Answer
It is a decree, final and binding, with no appeal. Section 21 of the Legal Services Authorities Act, 1987 gives the award four effects:
- Deemed decree. "Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court" (section 21(1)). It is executed like any other decree.
- Court fee refunded. Where a case referred by a court is settled, the court fee paid in that case is refunded under the Court-fees Act, 1870 (section 21(1)).
- Final and binding. The award "shall be final and binding on all the parties to the dispute" (section 21(2)).
- No appeal. "No appeal shall lie to any court against the award" (section 21(2)).
The award exists only if the parties settle. A Lok Adalat cannot decide a case on merits. If there is no settlement, there is no award, and the record goes back to the court (section 20(5)).
K.N. Govindan Kutty Menon v. C.D. Shaji, (2012) 2 SCC 51. A cheque-bounce case was referred by a Magistrate's court to a Lok Adalat and settled. The Supreme Court held that the award is still a decree of a civil court and can be executed by that court. It made no difference that the reference came from a criminal court.
The only challenge. In State of Punjab v. Jalour Singh, (2008) 2 SCC 660, the Court held that a Lok Adalat award can be questioned only by a writ petition under Articles 226 and 227. A civil suit to set it aside is not maintainable either (Bhargavi Constructions v. Kothakapu Muthyam Reddy, decided on 7 September 2017).
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