This document discusses Lok Adalats, which are alternative dispute resolution bodies in India established under the Legal Services Authorities Act of 1987. It provides that Lok Adalats aim to promote compromise between parties through non-adversarial proceedings before a presiding officer. Awards made by Lok Adalats are binding, enforceable as civil court decrees, and cannot be appealed. The document outlines the roles of various legal authorities in establishing and supporting Lok Adalats in India.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Know about anticipatory bail and condition to grant the bail.
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A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
This is the Basic facts related to Legal Aid in Bangladesh. It may help you to understand the orders, rules and policies of Legal Aid Service in Bangladesh.
National Legal Aid Movement in India- Its Development and Present Status Sheikhmustafa007
Faculty Of Law University Of Kashmir , One Day National seminar on legal aid to marginalized: The Efficacy and Challenges, Under the auspices of project: ACESS TO JUSTICE:NE and J&K, Department of Justice, GOI, New Delhi.
PRESENTED BY
Mustafa Majid Sheikh
Research Scholar School of Education
Central University of Kashmir
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
Vajiram & Ravi has introduced a new monthly current affairs magazine of November 2021 called ‘The Recitals’, which approaches current affairs through question and answers. ‘The Recitals’ deciphers current affairs in different section necessary for Prelims Current Affairs through Multiple Choice Questions (MCQs), Mains Current Affairs Question & Answers and Interview Current Affairs. The current affairs magazine does not merely provide information, but focuses on the analysis on current issues necessary for the exam.
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This case is related to the State immunity in Public International Law. This very case enumerates the stand of courts over State Immunity when commercial nature of State is involved.
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Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Role of Legal Services Authority in Arbitration and Dispute Resolution
1. “I realized that the true function of a lawyer was to
unite parties riven asunder. The lesson was so
indelibly burnt into me that a large part of my time
during the twenty years of my practice as a lawyer
was occupied in bringing about private compromise
of hundreds of cases. I lost nothing thereby not
even money; certainly not my soul”.
- M.K.Gandhi
Presented By:
2. State Authority,
District Authority,
Supreme Court Legal Services Committee,
High Court Legal Services Committee,
Taluk Legal Services Committee
A non-adversarial system
Retired judge,
Social activists, or
Members of legal profession
No court fee
No rigid procedural requirement
Process very fast
Directly interact with the judge
Focus in Lok Adalats is on compromise
An award is made and is binding on the parties
It is enforced as a decree of a civil court
Cannot be appealed, not even under Article
226 of the Constitution of India
Legal Services Authorities Act, 1987
LOK ADALAT
3. Malimath Committee's Recommendations: ‘Alternative Modes and Forums for Dispute Resolution'
124th and 129th Report of the Law Commission
The effect that the lacuna in the law as it stands today, arising out of the want of power
in the courts to compel the parties to a private litigation to resort to arbitration or
mediation, requires to be filled up by necessary amendment being carried out.
Parliament enacted three Acts:
(1) Legal Services Authorities Act, 1987 which has been amended by
Legal Services Authorities (Amendment) Act, 2002;
(1) Arbitration and Conciliation Act, 1996; and
(2) The Code of Civil Procedure (Amendment) Act, 1999.
The concept of resolution of dispute through arbitration, mediation, conciliation and
negotiation was institutionalized by Legal Services Authority Act.
Provides for holding Lok Adalats where disputes are pending in courts of law.
It also provides for settlement of disputes at pre-litigation stage.
Disputes between the consumers and the statutory bodies or public corporations providing
public utilities, dispute at the pre-litigation stage may be referred to a permanent Lok Adalat
comprising of a judicial officer and experts in the field.
4. The Gram Nyayalayas as contemplated by the Law Commission should process 60 to 70
percent of rural litigation leaving the regular courts in districts and sub-divisions to devote
their time to complex civil and criminal matters.
A participatory, flexible machinery
Non-adversarial, settlement-oriented procedures
A fair, quick and inexpensive system of dispute settlement.
MP State Legal Authority: Roles & Functions-
(1) It shall be the duty of the State Authority to give effect to the policy and directions of the
Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1),
the State Authority shall perform all or any of the following functions, namely:-
(a) Give legal service to persons who satisfy the criteria laid down under this Act.
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases;
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the State Authority may, in consultation with the
Central Authority, fix by regulations.
State Authority to act in co-ordination with other agencies etc., and be subject to directions
given by Central Authority
BENEFITS:
5. The Indian Legislature made a headway by enacting The Legal Services Authorities Act, 1987 by
constituting the National Legal Services Authority as a Central Authority with the Chief Justice of India
as its patron in chief. The Central Authority has been vested with duties to perform, inter alia, the
following functions:-
(1) To encourage the settlement of disputes by way of negotiations, arbitration and conciliation.
(2) To lay down policies and principles for making legal services available in the conduct of any case
before the court, any authority or tribunal.
(3) To frame most effective and economical schemes for the purpose.
(4) To utilize funds at its disposal and allocate them to the State and District Authorities appointed under
the Act.
(5) To undertake research in the field of legal services.
(6) To recommend to the Government grant-in-aid for specific schemes to voluntary institutions for
implementation of legal services schemes.
(7) To develop legal training and educational programmes with the Bar Councils and establish legal
services clinics in Universities, Law Colleges and other institutions.
(8) To act in coordination with governmental and non-governmental agencies engaged in the work of
promoting the cause of legal services.
6. Hon’ble Delhi High Court has given a landmark decision highlighting the significance of
Lok Adalat movement.
Abdul Hasan and National Legal Services Authority v. Delhi Vidyut Board and others
“It should also steer the conscience of all, as there is an increasing need to make Lok Adalat
movement a permanent feature.”
Article 39 A of the Constitution of India provides for equal justice and free legal aid. It
is, therefore clear that the State has been ordained to secure a legal system, which
promotes justice on the basis of equal opportunity.
The Lok Adalat and alternative dispute resolution experiment must succeed otherwise the consequence
for an over burdened court system would be disastrous. The system needs to inhale the life giving oxygen
of justice through the note.
Only in the last three years, more than 11,41,909 cases out of 12,50,214 cases
dealt with of different types have been amicably settled to the satisfaction of parties
only in Gujarat (as on 1-9-2001).
7. Right to Legal Aid
Entitlement to Legal Services (Section 12 of the Act)
Following persons are entitled for free legal aid under the Act:----
(i) A member of scheduled caste or schedule tribes;
(ii) A person whose annual income is not more than Rs.50,000/- for cases before Supreme Court
and Rs. 25,000/- in other courts;
(iii) A person victim of trafficking in human beings or beggar;
(iv) Disabled, including mentally disabled;
(v) A woman or child;
(vi) A victim of mass disaster, ethnic violence, caste atrocities, flood, drought, earth quake, industrial
disaster and other cases of undeserved want;
(vii) An industrial workman;
(viii) A person in custody including protective custody;
(ix) A person facing charge which might result in his imprisonment;
(x) A person unable to engage a lawyer and secure legal services on account of reasons such as
poverty and indigence.
8. PROPOSED ACTIVITIES: Gujarat
1. Making of small documentary films relating to various aspects for distributing through District Legal Services
Authorities and NGOs;
2. Training Programme for the designated Juvenile/ Child Welfare Officers attached to the Police Station and the
Members of the Special Juvenile Unit.
3. Publication of small booklets and leaflets regarding various legal topics in regional language for distribution for the
public at large.
4. Training (40 hours) on Techniques of Mediation to Judicial Officers and Advocates of the various Districts of the
State through Mediation & Conciliation Project Committee, Supreme Court of India, with view to strengthen the panels of
Trained Mediators.
5. Holding of maximum Legal Literacy Camps through Mobile Van in the remote and tribal areas of the State.
6. Sensitizing the Chairman and Members of the Juvenile Justice Boards regarding difficulties of Juveniles in conflicts with
law and in need of protection.
7. Holding of Seminars, Workshops for betterment of children as enunciated in the Juvenile Justice (Care and Protection
of Children) Act, 2000 and its Rules.
8. Holding of medical check-up camps with support of NGOs wherein necessary Legal assistance will be provided.
9. Organizing Legal Literacy Camps in slum areas or tribal areas for creation of awareness regarding children's rights.
10. To organize maximum number of Pre-litigation Lok Adalats in various places of the State so that the flow of litigation
could be stopped.
11. To organize Seminars at the district level regarding rights and difficulties of Transgender.
12. To organize Symposium at each district places on the subject of Environment and Sustainable Development.
13.To organize zone wise seminars on aspect of forensic science relating to chemical analysis report as well as documents.
14. To organize state level symposium on PCPNDT Act, 1994.
15. To organize PLVs (Para Legal Volunteers) training.
16. To establish Legal Aid Clinics in villages.
17. To organize various Legal Awareness Programs.