power jurisdiction n composition of lok adalat

1. UNIVERSITY COLLEGE OF LAW
UDAIPUR
SUBMISSION DATE-7NOV 2014
SUBMITTED BY-AMULYA NIGAM(BALLB Vth sem)

2. WORKING AND JURISDICTION OF LOK ADALAT

3. 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

5. 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.

6. 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.

7. 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.

8. Lok Adalats have competence to deal with a number of cases like:
Compoundable civil, revenue and criminal cases.
Motor accident compensation claims cases
a)Partition Claims
b)Damages Cases
c)Matrimonial and family disputes
d)Mutation of lands case
e)Land Pattas cases
f)Bonded Labour cases
g)Land acquisition disputes
h)Bank’s unpaid loan cases
i)Arrears of retirement benefits cases
j)Family Court cases
k)Cases which are not sub-judice

9. 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”

10. 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.

12. 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%

13. 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.

14. 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

15. 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.

16. The qualification and experience of the persons
participating in the Lok Adalats will be
decided by the followings-
a)By Central Government with the consultation of
Chief Justice of India in case of Supreme Court
Legal Services Committee[Section 19(3)].
b)In other conditions, by Central Government
with the consultation of Chief Justice of High
Court [Section19(4)].

17. 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

18. 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

19. 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.

20. 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.

21. 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.

22. But the cases which are not able for compromise
legally do not come in the jurisdiction of lok
adalats. 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.

23. 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.

24. 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.

25. THANK YOU!