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    ADR

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    The document provides an overview of Lok Adalat, an alternative dispute resolution system in India. Some key points: - Lok Adalat is a traditional Indian system that was revived and given legal backing through the Legal Services Authorities Act of 1987. - It aims to settle disputes through negotiation and compromise rather than adversarial proceedings. Awards issued by Lok Adalat have the same force as court orders. - Lok Adalats can be organized by various legal authorities to handle pending cases as well as new matters. They have some powers of a civil court and follow simplified procedures compared to standard courts. - The document outlines the composition, jurisdiction, procedures, and powers of Lok Adalats as

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    ADR

    Uploaded by

    kimmiahuja
    191 views38 pages
    The document provides an overview of Lok Adalat, an alternative dispute resolution system in India. Some key points: - Lok Adalat is a traditional Indian system that was revived and given legal backing through the Legal Services Authorities Act of 1987. - It aims to settle disputes through negotiation and compromise rather than adversarial proceedings. Awards issued by Lok Adalat have the same force as court orders. - Lok Adalats can be organized by various legal authorities to handle pending cases as well as new matters. They have some powers of a civil court and follow simplified procedures compared to standard courts. - The document outlines the composition, jurisdiction, procedures, and powers of Lok Adalats as

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    The document provides an overview of Lok Adalat, an alternative dispute resolution system in India. Some key points: - Lok Adalat is a traditional Indian system that was revived and given legal backing through the Legal Services Authorities Act of 1987. - It aims to settle disputes through negotiation and compromise rather than adversarial proceedings. Awards issued by Lok Adalat have the same force as court orders. - Lok Adalats can be organized by various legal authorities to handle pending cases as well as new matters. They have some powers of a civil court and follow simplified procedures compared to standard courts. - The document outlines the composition, jurisdiction, procedures, and powers of Lok Adalats as

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    191 views38 pages

    ADR

    Uploaded by

    kimmiahuja
    The document provides an overview of Lok Adalat, an alternative dispute resolution system in India. Some key points: - Lok Adalat is a traditional Indian system that was revived and given legal backing through the Legal Services Authorities Act of 1987. - It aims to settle disputes through negotiation and compromise rather than adversarial proceedings. Awards issued by Lok Adalat have the same force as court orders. - Lok Adalats can be organized by various legal authorities to handle pending cases as well as new matters. They have some powers of a civil court and follow simplified procedures compared to standard courts. - The document outlines the composition, jurisdiction, procedures, and powers of Lok Adalats as

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 38

    Introduction

    Lok Adalat is an old form of adjudicating


    system which prevailed in ancientIndia.
    the Parliament passed legislation viz. The
    Legal Services Authorities Act, 1987
    (Central Act 39 of 1987)
    Lok Adalat is an Alternate Dispute
    Resolution System (ADR System) having the
    backing of the law.

    Salient features of Lok Adalat


    1) It is based on settlement or compromise
    reached through systematic negotiations
    2) It is a win win system where all the
    parties to the dispute have something to
    gain.
    3) It is one among the Alternate Dispute
    Resolution (ADR) systems. It is an
    alternative to Judicial Justice
    4) It is economical No court fee is payable.
    If any court fee is paid, it will be refunded.

    5) The parties to a dispute can interact


    directly with the presiding officer, which is
    not possible in the case of a court
    proceeding.
    6) Lok Adalat is deemed to be civil court for
    certain purposes.
    7) Lok Adalat is having certain powers of a
    civil court.
    8) The award passed by the Lok Adalat is
    deemed to be a decree of a civil court.

    9) An award passed by the Lok Adalat is


    final and no appeal is maintainable from it.
    10) An award passed by the Lok Adalat can
    be executed in a court.
    11) The award can be passed by Lok Adalat,
    only after obtaining the assent of all the
    parties to dispute.
    12) Code of Civil Procedure and Indian
    Evidence Act are not applicable to the
    proceedings of Lok Adalat.

    13) A Permanent Lok Adalat can pass an


    award on merits, even without the consent
    of parties. Such an award is final and
    binding. From that no appeal is possible.
    14) The appearance of lawyers on behalf of
    the parties, at the Lok Adalat is not barred.
    (Regulation 39 of theKeralaStateLegal
    Services Authority Regulations, 1998.

    Organisation of Lok Adalat


    (Section 19 of the Act)

    The State Authority


    District Authority,
    Supreme Court Legal Services Committee,
    High Court Legal Services Committee
    Taluk Legal Services Committee
    (mentioned in Section 19 of the Act) can
    organize Lok Adalats at such intervals and
    places as may be deemed fit.

    -Every Lok Adalat so organized shall consist


    of:
    (a) Serving or retired judicial officers,
    (b) other persons, as may be specified.

    Experience and
    qualification

    other persons in a Lok Adalat conducted


    by Supreme Court ,At present, Rule 13 of
    the National Legal Services Authorities
    Rules, 1995 prescribes such experience and
    qualifications as:

    (a)A member of the legal profession; or

    (b)A person of repute who is specially


    interested in the implementation of the
    Legal Services Schemes and Programmes;
    or

    (c)An eminent social worker who is


    engaged in the upliftment of weaker
    sections of people, including Scheduled
    Castes, Scheduled Tribes, women, children,
    rural and urban labour.

    other persons mentioned in clause (b)


    shall be prescribed by the State
    Government in consultation with the Chief
    Justice of High Court. prescribes the
    experience and qualifications as:

    (i)Advocates of standing; or

    (ii)Eminent social workers who are engaged


    in the upliftment of Scheduled Castes,
    Scheduled Tribes, women, children, rural
    and urban labour and other weaker sections
    of the society;

    (iii)Persons of repute who are specially


    interested in the implementation of the
    Legal Services Schemes and programmes.

    Jurisdiction of Lok Adalat


    (Sub Sec 5 of Sec 19 of the Act)

    A Lok Adalat shall have jurisdiction to


    determine and to arrive at a compromise or
    settlement between the parties to a dispute
    in respect of:

    (i) any case pending before; or

    (ii) any matter which is falling within the


    jurisdiction of, and is not brought before,

    any court for which the Lok Adalat is


    organised.

    - The Lok Adalat can compromise and settle


    even criminal cases, which are
    compoundable under the relevant laws.

    Cognizance of Pending Cases &


    Determination
    (Sec 20 of the Act)

    A.On Application:

    (i)When all the parties to the case agree for


    referring the case to Lok Adalat, or

    (ii)When one of the party to the case makes


    an application to court, praying to refer the
    case to Lok Adalat and the court is prima facie
    satisfied that there are chances for settlement

    (B).Suo Moto:

    Where the court is satisfied that the matter is an


    appropriate one to be taken cognizance of, by the
    Lok Adalat.

    Then, the courtshallrefer the case to the Lok


    Adalat, after giving a reasonable opportunity for
    hearing to all the parties.

    The Authority or Committee organising Lok Adalat


    may, on application from any party to a dispute,
    refer the said dispute to Lok Adalat, after giving a
    reasonable opportunity for hearing to all the parties.

    - Shall yearn to reach a settlement or


    compromise between parties.

    - When no compromise or settlement is


    accomplished, the case is to be returned to
    the court which referred it. Then the case
    will proceed in the court from the stage
    immediately before the reference.

    Passing of the Award

    -Every award of Lok Adalat shall be deemed to


    be a decree of a civil court.

    -Every award shall be signed by all the parties


    to the dispute and the panel constituting the Lok
    Adalat.

    -Every award shall form part of the judicial


    records.

    -Every award shall be categorical and lucid.

    -Every award shall be in the regional language or


    in English.

    -A certified copy of the award will be given free


    of cost, to all the parties.

    -Every award made by Lok Adalat shall be final


    and binding on all the parties to the dispute, and
    no appeal shall lie to any court against the award.

    -If a pending case is settled at Lok Adalat, any


    court fee already paid will be refunded as
    provided by the Court Fees Act, 1870.

    Powers of Lok Adalat


    (Sec 22 of the Act)

    (1)The Lok Adalat shall have the powers of


    a civil court under the Code of Civil
    Procedure, 1908, while trying a suit, in
    respect of the following matters.

    (a)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.

    (c)Power to receive evidence on affidavits,

    (d)Power for requisitioning of any public


    record or document or copy thereof or from
    any court.

    (e)Such other matters as may be


    prescribed.

    (2)Every Lok Adalat shall have the power to


    specify its own procedure for the
    determination of any dispute coming before it.

    (3)All proceedings before a Lok Adalat shall


    be deemed to be judicial proceedings within
    the meaning of Sections 193, 219 and 228 of
    IPC

    (4)Every Lok Adalat shall be deemed to be


    aCivil Courtfor the purpose of Sec 195 and
    Chapter XXVI of Cr.P.C.

    Permanent Lok Adalat


    (Chapter VI A of the Act)
    -Chapter VI A was newly added by
    Amendment Act, 2002, introducing the
    concept of Permanent Lok Adalat.
    -The Central or State Authorities may
    establish by notification, Permanent Lok
    Adalats at any place, for determining issues
    in connection to Public Utility Services.

    -Public Utility Services include:

    (1) Transport service,

    (2) Postal, telegraph or telephone services,

    (3) Supply of power, light and water to public, (4) System


    of public conservancy or sanitation,

    (5) Insurance services

    such other services as notified by the Central or State


    Governments.

    -PLAs have the same powers that are vested on the Lok
    Adalats, mentioned under Section 22(1) of the Act.

    Organisational Structure of PLA


    (Section 22B (2) of the Act)

    Chairman

    A person who is or has been a district Judge


    or Additional District Judge or has held
    judicial office higher in rank that that of a
    District Judge, shall be the Chairman.

    Members

    Two other persons having adequate


    experience in Public Utility Service to be
    nominated by Central Government on the
    recommendation of Central Authority and
    by the State Government on the
    recommendation of the State Authority.

    Cognizance of Pending Cases by


    PLA

    Any party to a dispute can apply to PLA for


    settlement of a dispute in respect of a
    public utility service, which is not pending
    before any court.

    PLA does not have jurisdiction to entertain


    disputes involving offences which are not
    compoundable.

    PLA does not have jurisdiction to entertain a


    matter where the value of the property
    involved exceeds ten lakhs, which limit can
    be enhanced as provided for.

    Once, an application is preferred to PLA for


    determination of a dispute, no party to such
    application can invoke the jurisdiction of
    any court in the same dispute.

    Procedure by PLA for Determination

    (Sec 22C & 22D of the Act)

    Where the PLA receives an application for


    determination of a dispute,

    1.The PLA should direct each party to file


    before it a written statement stating
    therein, all the facts and the nature of the
    dispute, points or issues and the grounds in
    support or opposition. PLA may require the
    parties to file additional statements at any
    stage.

    2.The party may also file any document or


    such other evidence, in proof of such facts and
    grounds urged.

    3.The copy of the written statement and the


    documents or such other evidence filed has to
    be sent to the other parties to the application.

    4.When the statement and additional


    statement and reply if any are filed, PLA shall
    conduct conciliation process between parties to
    the application, as it thinks fit, considering the
    circumstances of the dispute.

    5.PLA should assist the parties in their


    attempt to reach an amicable settlement, in
    an independent and impartial manner. Every
    party is duty bound to co-operate in good
    faith, in the conciliation process.

    6.PLA may formulate the terms of a possible


    settlement of the dispute and give it for the
    consideration of the parties. If the parties are
    agreeable to the same, they shall sign the
    same and PLA shall pass an award in terms
    of the settlement agreement.

    7.If the parties are not agreeable to the


    settlement formulated, if the dispute is not
    an offence, then the PLA should decide the
    dispute on merits.

    8.PLA shall, while conducting conciliation


    proceedings or deciding a dispute on merit,
    shall be guided by the principle of natural
    justice, objectivity, fair play, equity and
    other principles of justice.

    9.The PLA, when deciding a dispute on merit,


    shall not be bound by the Code of Civil
    Procedure, 1908 and the Indian Evidence Act,
    1872.

    10.Every award made by the PLA shall be by


    the majority of the persons constituting the PLA.

    11.The award rendered by PLA shall be deemed


    to be a decree of a civil court and shall be final.
    The PLA may transmit the award to the court
    having local jurisdiction for execution.

    Important Precedents
    Krishnakumari v. Venugopal2005 (2) KLT 185
    Settlement arrived at by the Lok Adalat shall be
    guided by the principles of natural justice, equity,
    fair play and other legal principles. Lok Adalats are
    not meant to bring down the pendency of cases
    somehow. When matters over which Family Courts
    are having jurisdiction are dealt with by Lok Adalats,
    the decisions arrived at must be in consonance with
    the provisions contained in Section 9 of the Family
    Courts Act. Award can be interfered with by the High
    Court, under Articles 226 and 227 of Constitution, if
    a patent illegality is involved.

    Chandran v. Prakasan2005 (4) KLT 1038


    The finality of the award of the Lok Adalat will not
    bridle the power of the Court to re-determine or
    cancel the maintenance as provided for u/Sec 127
    of Cr.P.C.
    State ofKarnatakav. Gurunath2000 Crl.L.J. 1192
    (Karnataka)
    As per the charge sheet, the offence is u/Sec 326
    which is not compoundable. But the medical
    certificates make out only an offence u/Sec 324
    which is compoundable. The reference to Lok
    Adalat is valid.

    State ofPunjabv. Phulan RaniAIR 2004 SC


    4105/2004 (7) SCC 555
    Difference between the terms compromise and
    settlement. Compromise means settlement of
    difference by mutual concessions. Settlement
    denotes termination of legal proceedings by mutual
    settlements.
    g)Moni Mathai & Others v. Federal Bank Ltd. 2003
    (1) KLJ 406
    Lok Adalat shall not take advantage of ignorance of
    a party and close their eyes to the legal effect of
    the terms of settlement.

    Relevant Portions in The Code of


    Civil
    Procedure, 1908

    Section 89 - Settlement of disputes


    outside the Court:

    (1) The court shall formulate the terms of


    settlement and give them to the parties for
    their observations and after receiving the
    observation of the parties, the court may
    reformulate the terms of a possible
    settlement and refer the same for-

    (a) arbitration;

    (b) conciliation

    (c) judicial settlement including settlement


    through Lok Adalat; or

    (d) mediation.

    Sub Section (3) Section 96:

    No appeal shall lie from a decree passed by the


    Court with the consent of parties.

    Or 23 Rule 3 provides for compromise of suit:

    Where it is proved to the satisfaction of the Court


    that a suit has been adjusted wholly in part by way
    of any lawful agreement or compromise, written
    and signed by the parties, the Court after
    satisfying itself about the settlement, it can
    convert the settlement into a judgment decree.

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