What are the powers of Lok Adalat?
Asked by: Jocelyn Eichmann | Last update: February 19, 2022Score: 4.9/5 (27 votes)
The Lok Adalat will have similar powers of a Civil Court and is governed under the Code of Civil Procedure. It has the power to summon and enforce the attendance of a witness. Power to receive evidence regarding a particular case. The Lok Adalat has the power to follow its own procedure for determining any dispute.
What are the three features of Lok Adalat?
1) There is no court fee and if court fee is already paid it will be refunded if the dispute is settled in Lok Adalat. 2) The parties to the dispute can directly interact with the judge through their counsel which is not possible in regular court of law. 3) The basic feature of Lok Adalt is informal and speedy justice.
What is Lok Adalat its jurisdiction and powers benefits under Lok Adalat?
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 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.
Can Lok Adalat give punishment?
"There is no restriction on the power of Lok Adalat to pass an award based on the compromise arrived at between parties in a case referred by a criminal court under section 138 of NI Act, and by virtue of the deeming provision it has to be treated as a decree capable of execution by a civil court," it said.
What is the aim of Lok Adalat?
Objective of Lok Adalat is to settle the disputes which are pending before the courts, by negotiations, conciliation and by adopting persuasive common sense and human approach to the problems of the disputants.
Lok Adalat | Origin | Powers | Jurisdiction | Public Services | Advantage | Role | Public Services
Who heads the Supreme Court?
The Chief Justice of India is the head and chief judge of the Supreme Court, which consists of a maximum of 34 judges and has extensive powers in the form of original, appellate and advisory jurisdictions.
What are the limitations of Lok Adalat?
The major drawback is that the system of Lok Adalats is mainly based on compromise or settlement between the parties. If the parties do not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law.
What is the other name of Lok Adalat?
Lok Adalat (People's Court) is Statutory Organisation under Legal Services Authorities Act, 1987, and created as an alternative dispute resolution mechanism used in India. It is a forum where cases pending on panchayat, or at a pre-litigation stage in a court of law, are settled.
What happens if I dont attend Lok Adalat?
If the Person does not attend the Adaalath, then they will send summons for next date. If the person is absent on that date too, then the lok adalat is stripped of the jurisdiction and court takes over.
Which is the highest criminal court in a district?
The highest criminal court of the district is the Court of District and Sessions Judge.
What are the advantages and disadvantages of Lok Adalat?
For illiterates and poor there are even more advantages of taking matters to lok adalats. Proceedings are conducted faster and in simple arrangements and even in local languages. They are not strict about procedural laws or Evidence Act and are based more on merits which makes it “People's Festival of Justice.” 5.
What are the advantages of conciliation?
Main benefits
The parties can choose the timing, language, place, structure and content of the conciliation proceedings. Conciliation ensures the expertise of the decision maker. The parties are free to select their conciliator. A conciliator does not have to have a specific professional background.
What is the object of PIL?
The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people. It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided. The Supreme Court of India and the High Courts have the right to issue PILs.
What type of cases are decided in Lok Adalat?
National Lok Adalats are organized by DLSA at regular interval for amicable settlement. Civil cases, matrimonial cases, MACT cases and petty offence cases are mainly referred for lok adalat.
Who can organize Lok Adalat?
(1) Lok Adalats may be organised by the State Authorities or District Authorities or Supreme Court Legal Services Committee or High Court Legal Services Committee or, as the case may be, the Taluk Legal Services Committees at regular intervals and such Lok Adalats shall be organised for a definite geographical area as ...
How many high courts are there in India?
High Courts: High Courts are the highest judicial body at the State level. Article 214 lays down the authority of High Courts. There are 25 High Courts in India. High Courts exercise civil or criminal jurisdiction only if the subordinate courts in the State are not competent to try the matters.
Who is known as father of lok adalat?
Answer: Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of National Legal Services Authority on 17the July, 1997. Soon after assuming the office, His Lordship initiated steps for making the National Legal Services Authority functional.
Can lok adalat deal with criminal cases?
All cases of civil and criminal nature which are permitted under law to be compromised and compounded are settled in Lok Adalats.
Can we ignore lok adalat notice?
its not binding on you,if u dont want to attend lok adalat no decision will be taken agagint you and it will not be affecting you. you can proceed on your trip no harm will be cause to u. youwill not be heard prior to summon date .
Why are Lok Adalat called People's court?
The process is actually akin to mediation, conciliation and negotiation where the parties to the dispute or the 'people' come to a decision themselves and hence the Lok Adalat gives out a 'Nyaya-Panch' or 'people's verdict'[1]. ...
Where was the first Lok Adalat held in India?
Lok Adalat (people's courts), established by the government settles dispute through conciliation and compromise. The First Lok Adalat was held in Chennai in 1986. Lok Adalat accepts the cases which could be settled by conciliation and compromise, and pending in the regular courts within their jurisdiction.
How many types of Lok Adalat are there?
Karnataka Government established 6 Permanent Lok Adalats- one each at Bengaluru, Belagavi, Dharwad, Kalaburagi, Mysore and Mangaluru.
What is the difference between arbitration and conciliation?
Arbitration is a dispute settlement process in which a impartial third party is appointed to study the dispute and hear both the party to arrive at a decision binding on both the parties. Conciliation is a method of resolving dispute, wherein an independent person helps the parties to arrive at negotiated settlement.
Is Lok Adalat a permanent body?
Permanent Lok Adalat is a permanent body constituted to settle cases relating to Public Utility Services like transport, postal, telegraph, etc. A Chairman and two members are appointed for settling disputes through conciliation.
Which writ is also known as the Great Writ?
A writ of habeas corpus, also known as the "great writ", is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the ...