If the case is already filed in the regular court, the fee paid is refunded in the manner provided under the Court Fees Act if the dispute is settled at the Lok Adalat. When no compromise is reached, the matter goes back to the court. © Copyright 2016, All Rights Reserved. Once, the jurisdiction has been invoked, the parties cannot take a recourse before a court of law. Lok Adalats have been very successful in settlement of motor accident claim cases, matrimonial/family disputes, labour disputes, disputes relating to public services such as telephone, electricity, bank recovery cases and so on.Some statistics may give us a feeling of tremendous satisfaction and encouragement.Upto the middle of last year (2004), more than 200,000 Lok Adalats have been held and there in more than 16 million cases have been settled, half of which were motor accident claim cases. The evolution of movement called Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in a queue to get justice.It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.Lok Adalats have the competence to deal with a number of cases like:The number of courts and judges in all grades are alarmingly inadequate.Increase in the 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.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: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.The State Authority and District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee and Taluk Legal Services Committee (mentioned in Section 19 of the Act) can organize Lok Adalats at such intervals and Permanent Lok Adalats as may be deemed fit.The experience and qualification of “other persons” in a Lok Adalat conducted by Supreme Court Legal Services Committee shall be prescribed by the Central Government in consultation with the Chief Justice of India.
The Permanent Lok Adalats in contradistinction to Lok Adalats have been expressly conferred as an adjudicatory role by the statute.Moreover, as soon as the amendments were made to the Legal Services Authorities Act, 1987, they were challenged, but were upheld by the Supreme Court of India.In Life Insurance Corporation of India v. Suresh KumarHence, it is said that the dispute resolution through the system of Permanent Lok Adalats is an ADR mechanism which is hybrid in nature, and has both adjudicatory and non-adjudicatory trappings that offers a substitute to conventional system of litigation and makes the public free from the system of complexity and rigidity. Critical Analysis of Permanent Lok Adalats INTRODUCTION Justice is the most important component of any civilized society and the role of judiciary becomes significant in dispensing justice.
While conducting the proceedings, a Lok Adalat acts as a conciliator and not as an arbitrator. The National Lok Adalats held every two months across the country is significantly contributing to the disposal of cases. I have always believed in “no matter how good you are you can always be replaced” and this has made me conscious to be the best of myself in what I do. The PERMANENT LOK ADALAT may transmit the award to the court having local jurisdiction for execution.Speedy Justice And Saving From The Lengthy Court ProceduresLok Adalats ensure speedier justice because it can be conducted at suitable places, arranged very fast, in local languages too, even for the illiterates.The procedural laws and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat. © 2014-2020 Law Times Journal | All Rights Reserved Lok Adalat : A new chapter to The Justice Dispensation SystemThe concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence.
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