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    Lok Adalat

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    ishmeet kaur
    Lok Adalats are informal courts aimed at settling disputes through compromise or settlement. They have jurisdiction over cases pending in regular courts as well as matters that have not yet gone to court. Lok Adalats are presided over by a judicial officer and other members and aim to settle disputes quickly without following regular court procedures or rules of evidence. Their decisions are final and binding on the parties. They are well suited for resolving monetary claims, property or family disputes where compromise is possible. Their goal is to provide access to affordable justice while reducing the backlog of cases in regular courts.

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    Lok Adalat

    Uploaded by

    ishmeet kaur
    150 views4 pages
    Lok Adalats are informal courts aimed at settling disputes through compromise or settlement. They have jurisdiction over cases pending in regular courts as well as matters that have not yet gone to court. Lok Adalats are presided over by a judicial officer and other members and aim to settle disputes quickly without following regular court procedures or rules of evidence. Their decisions are final and binding on the parties. They are well suited for resolving monetary claims, property or family disputes where compromise is possible. Their goal is to provide access to affordable justice while reducing the backlog of cases in regular courts.

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    LOK ADALAT.docx

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    Lok Adalats are informal courts aimed at settling disputes through compromise or settlement. They have jurisdiction over cases pending in regular courts as well as matters that have not yet gone to court. Lok Adalats are presided over by a judicial officer and other members and aim to settle disputes quickly without following regular court procedures or rules of evidence. Their decisions are final and binding on the parties. They are well suited for resolving monetary claims, property or family disputes where compromise is possible. Their goal is to provide access to affordable justice while reducing the backlog of cases in regular courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    150 views4 pages

    Lok Adalat

    Uploaded by

    ishmeet kaur
    Lok Adalats are informal courts aimed at settling disputes through compromise or settlement. They have jurisdiction over cases pending in regular courts as well as matters that have not yet gone to court. Lok Adalats are presided over by a judicial officer and other members and aim to settle disputes quickly without following regular court procedures or rules of evidence. Their decisions are final and binding on the parties. They are well suited for resolving monetary claims, property or family disputes where compromise is possible. Their goal is to provide access to affordable justice while reducing the backlog of cases in regular courts.

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    © All Rights Reserved
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    of 4

    “EDITOR’S NOTE:-

    Every Lok Adalat constituted for an area shall consist of such number of serving or retired
    judicial officers; and any other person.[xxii]

    JURISDICTION:

    Lok Adalat has the jurisdiction to determine and to arrive at a compromise or settlement
    between the parties to a dispute in respect of any case pending before; or any matter which is
    falling within the jurisdiction of, and is not brought before, any court for which the Lok
    Adalat is organized.[xxiii]

    (a)Any case pending before any court

    (b)Any case not brought before any court.

    Permanent Lok Adalat


    In 2002, Parliament brought about certain amendments to the Legal Services Authorities Act,
    1987. The said amendment introduced Chapter VI-A. According to the amendment, the
    Central or State Authorities may establish by notification, Permanent Lok Adalats for
    determining issues in connection to Public Utility Services.

    Public Utility Services include:

     Transport service,
     Postal, telegraph or telephone services,
     Supply of power, light and water to public,

    (4) System of public conservancy or sanitation,

    (5) Insurance services and such other services as notified by the Central or State
    Governments.

    PERMANENT LOK ADALAT’s have the same powers that are vested on the Lok-Adalats,
    mentioned under Section 22(1) of the Act.

    PROCEDURE FOLLOWED IN A LOK


    ADALAT
    The Lok Adalat is usually presided over by a sitting or retired judicial official as the chairman
    with two other members, a lawyer and a social worker. It has been observed through
    experience that cases involving monetary disputes are easily settled through Lok Adalats.
    Therefore, most motor road accident disputes are brought to Lok Adalats. The primary
    condition of the Lok Adalat is that both parties in dispute should consent to the settlement. It
    is necessary that the parties involved in the dispute are whole-heartedly involved in the
    justice dispensing system and do abide by the decision given by the Lok Adalat.
    There is no court fee. If the case is already filed in the regular court, the fee paid will be
    refunded if the dispute is settled at the Lok Adalat. The procedural laws and the Evidence Act
    are not strictly followed while assessing the merits of the claim presented to the Lok Adalat.
    The decision of the court is binding on the parties to the dispute and its order is capable of
    execution through legal process. No appeal lies against the decision of the court. [xxiv]
    Lok Adalat is very effective in the settlement of money claims. Disputes like partition suits,
    damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for
    compromise through an approach of give and take is high in these cases. [xxv] Lok Adalat is
    indeed a boon to the litigant public, where they can get their disputes settled fast and free of
    cost.

    CASES SUITED FOR LOK ADALAT


    Lok Adalats have the competence to deal with the following cases[xxvi]:

     Compoundable civil, revenue and criminal cases.


     Motor accident cases
     Partition Claims
     Matrimonial and family disputes
     Bonded Labour disputes
     Land acquisition disputes
     Bank’s unpaid loan cases
     Arrears of retirement benefits cases
     Cases which are not under the jurisdiction of any Court.

    POWERS OF THE LOK ADALATS


    The Powers bestowed on Lok Adalats are as follows:

    1. i) It has the power of the Civil Court, under the Code of Civil Procedure, 1908, while
    trying a suit, in respect of the following matters:- [xxvii]
    2. Power to summon and enforce the attendance of any witness and to examine him/her
    on oath. b) Power to enforce the discovery and production of any document.
    3. c) Power to receive evidence on affidavits,
    4. d) Power for requisitioning of any public record or document or copy thereof or from
    any court.
    5. e) Such other matters as may be prescribed.
    6. ii) Every Lok Adalat shall have the power to specify its own procedure for the
    determination of any dispute coming before it.[xxviii]

    iii) All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the
    meaning of Sections 193, 219 and 228 of IPC.[xxix]

    1. iv) Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195
    and Chapter XXVI of Cr.P.C.[xxx]
    FINALITY OF THE LOK ADALAT
    AWARD
    During the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok
    Adalat. However, it has been seen that the same order is challenged on several grounds. In
    one of the recent cases, the Supreme Court of India has once again laid to rest all such doubts.
    In unequivocal terms, the Court held that the award of the Lok Adalat is as good as the decree
    of the Court. The award passed by the Lok Adalat is the decision of the Court itself though
    arrived at by the simpler method of conciliation instead of the process of arguments in
    court.[xxxi]

    CONSENT OF PARTIES
    The most important factor to be considered while deciding the cases at the Lok Adalat is the
    consent of both the parties. It cannot be forced on any party that the matter has to be decided
    by the Lok Adalat. [xxxii] However, once the parties agree that the matter has to be decided
    by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. In
    several instances, the Supreme Court has held that if there was no consent, the award of the
    Lok Adalat is not executable and also if the parties fail to agree to get the dispute resolved
    through Lok Adalat, the regular litigation process remains open for the contesting parties.

    The Supreme Court has also held that compromise is always bilateral and means mutual
    adjustment. Settlement is termination of legal proceedings by mutual consent. If no
    compromise can be arrived at, then no order can be passed by the Lok Adalat.

    CONCLUSION
    The special conditions prevailing in the Indian society require a highly sensitized legal
    service which is efficacious for the poor and the down-trodden. The Lok Adalat mechanism
    is no more an experiment in the country, it is in fact, a full-proven success that needs to
    increase its domain and bring under its realm the several aspects that have been excluded till
    date.

    Lok Adalats can be viewed as an instrument to social change as well. As said by


    Prof.Menon,”Lok Adalat has the potential for social reconstruction and legal mobilization
    for social change. It can influence the style of administration of justice and the role of the
    lawyer and judge in it. It can take law closer to the life of the people and reduce disparity
    between law in books and law in action.”[xxxiii]

    The need for Lok Adalats is aggravated by the huge population of India that creates an
    unmanageable burden on the Judiciary system.

    To increase the efficiency of the system of Lok Adalats, it is crucial for the public, the
    lawyers, the executive and the Judiciary to work in harmony and coordination. The people
    should be made aware of the advantages of the Lok Adalats.
    The main challenge that lies in the path of the success of Judiciary is the involvement of the
    masses.

    In the existing situation, the resort to Lok Adalats has enabled amicable dispute settlement.
    The success of Lok Adalats should indeed be measured by the overall atmosphere generated
    in the country, not by the number and nature of Lok Adalat held, cases settled or
    compensation awarded.

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