Lok adalat

UNIVERSITY COLLEGE OF LAW

UDAIPUR

SUBMISSION DATE-7NOV 2014SUBMITTED BY-AMULYA NIGAM(BALLB Vth sem)

WORKING AND JURISDICTION OF LOK ADALAT

1. Introduction

2. Meaning of Lok Adalat?

3. Cases suitable for Lok Adalat

4. What is the need of Lok Adalat?

5. Constitution of Lok Adalat

6. Working of Lok Adalat

7. Jurisdiction of Lok Adalat

The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence. The introduction of Lok

adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. In ancient times the disputes were used to be referred to “panchayat” which were established at village level.

Panchayat’s used to resolve the dispute through arbitration. It has proved to be a very effective alternative to litigation. This very concept of settlement of dispute through mediation, negotiation or through arbitral process known as decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by dispute resolution.

The institution of Lok Adalat in India, as the very name suggests, means, People's Court. "Lok" stands for "people" and the term "Adalat" means court. India has a long tradition and history of such methods being practiced in the society at grassroots level.

Lok Adalats have competence to deal with a number of cases like:Compoundable civil, revenue and criminal cases.Motor accident compensation claims casesa)Partition Claimsb)Damages Cases

c)Matrimonial and family disputesd)Mutation of lands case

e)Land Pattas casesf)Bonded Labour casesg)Land acquisition disputesh)Bank’s unpaid loan casesi)Arrears of retirement benefits cases

j)Family Court casesk)Cases which are not sub-judice

As Justice Ramaswamy said: “ Resolving disputes through Lok Adalat not only minimizes litigation expenditure, it saves valuable time of the parties and their witnesses and also facilitates inexpensive and prompt remedy appropriately to the satisfaction of both the parties”

Law Courts in India face mainly four problems:

The number of courts and judges in all grades are alarmingly inadequate.

Increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State Governments.

The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer's fee and incidental charges.

Delay in disposal of cases resulting in huge pendency in all the courts.

Sl.

No Name of Agency

Cases filed

Since

inception

Cases Disposed

off since

inception

Cases

Pending

% of total

Disposal

1 National Commission 76909 66560 10349 86.54%

2 State Commissions 581102 485156 95946 83.49%

3 District Forums 3169197 2925782 243415 92.32%

TOTAL 3827208 3477498 349710 90.86%

Section 19 of the Legal Service Authority Act,1987 provides about the constitution of Lok Adalats.

According to Section 19(1), every state authority, district authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, Taluk Legal Services Committee can constitute Lok Adalats, from time to time or at such intervals, as they may deem fit.

Thus Section 19(1) provides authority to the following authorities and committees to constitute Lok Adalats.

A)State Legal Services Authority

B)District Legal Services Authority

C)Supreme Court Legal Services Committee

D)High Court Legal Services Committee

E)Taluk Legal Services Committee

Section 19(2) provides about the Constitution of Lok Adalats. According to it, the Lok Adalats will constitute by merger of the following-

A)Serving or retired judicial officers.

B)other persons

The number of the member will be as decided by State authority, District authority, Supreme Court Legal Services Committee, High Court Legal Services or Taluk Legal Services Committee.

The qualification and experience of the personsparticipating in the Lok Adalats will bedecided by the followings-

a)By Central Government with the consultation ofChief Justice of India in case of Supreme CourtLegal Services Committee[Section 19(3)].

b)In other conditions, by Central Governmentwith the consultation of Chief Justice of HighCourt [Section19(4)].

Section 20 of Legal Services Authority Act 1987 provides about the working of Lok Adalats. According to it-

a)If any party desires to settle his case by Lok Adalat, there such parties may appeal to the court to settle the case by Lok Adalat.

b)On such appeal, the court will observe and it is satisfied to the court that

i)There is possibility of compromise between parties, or

ii)The case is worthy of hearing by lok adalats then court will send the case to the lok adalat.

c)Whenever the case is send to lok adalat, on appeal of party , then reasonable opportunity will be provided to opposite party before it.

d)Lok Adalat will hear the case after the cases come to it and endeavors shall be done for the compromise or settlement.

e)At the time of endeavor of settlement –

i)Principles of equity , justice and good conscience, and

ii)Principles of natural justice will be followed by Lok Adalats.

In Moni Mathai v. Federal Bank(AIR 2003,Kerala 164)-Kerala High Court decided that-“Lok Adalats are bound to follow principles of justice, equity fair play and other principles of law”

f)If settlement does not happen then the case will be returned to the court again from where it came and the court will move to settle the case legally.

g)The court will again start hearing the case from the stage in which it was send to Lok adalat.

In the case of Reliance General Insurance Company Limited v. Vijay Kumar(AIR 2012 Punjab and Haryana 58),it has been held that Lok Adalats will make efforts to settle the cases in friendliness environment by following the principles of justice, equity and good conscience and according to settlement will pass the award. If settlement does not happen then the case will be returned back to the court, from where it came.

According to Section 19(5) of Legal Services Authority Act,1987, lok adalats can decide case by compromise and settlement. The cases are-

a)Any case pending before: or

b)Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the lok adalats are organized.

Thus lok adalats have jurisdiction on all cases which are pending in the court and have not been placed before any court. We can call it pre-litigation conciliation and settlement.

But the cases which are not able for compromise legally do not come in the jurisdiction of lokadalats. Generally, such cases are criminal cases which are not compoundable under section 320 of C.P.C. 1973,Lok Adalats can only settle the cases which comes within the ambit of section 320 of C.P.C. 1973.

In the case of State of Kerala v. Ernakulum District Legal Services Authority(AIR 2008 Kerala 70) it has been stated by the Kerala High Court that no efforts for settlement can be made by lok adalat in such cases which are not compoundable under the law.

Similarly, in the case of Union of India v. Annatto (AIR 2007 SC 1561) it has been held by the Supreme Court that lok adalats can only pass the orders in such cases where the settlement between the parties has been held legally.

In Sholapur Municipal Corporation v. Railekar (AIR 1970 Bombay 333), it was held that compromise can only be done in the cases, which are not described in Section 320 of C.P.C. 1973.

THANK YOU!