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Assignment

Lok Adalats provide an alternative dispute resolution mechanism in India to reduce pending cases in courts. The National Legal Services Authority monitors and evaluates legal aid programs in India. Lok Adalats have jurisdiction to settle a wide range of pre-litigation cases, including property and family disputes. They have proven effective, with one Lok Adalat in 2013 settling over 71 million cases across India.

LOK ADALATS ARE NEED OF THE HOUR FOR JUDICIARY IN INDIA Guided by: Asim Vidvarthi Submitted By: Suneeta Mohapatra Roll No. 06 LLM
CONTENTS What is Lok Adalat? Statutory Provisions Need of Lok Adalat Number of Cases Solved by Lok Adalat NALSA Lok Adalat in India Working of the Lok Adalat Jurisdiction of the Lok Adalat
NATIONAL LEGAL SERVICES AUTHORITY (NALSA)  The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.  NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.
STATUTORY PROVISIONS: Article 39 (A) Legal Services Authorities Act, 1987(Chapter VI )
CHAPTER VI-A PRE-LITIGATION CONCILIATION AND SETTLEMENT OF THE LEGAL SERVICES AUTHORITIES ACT  Section 22 A – Definition of permanent lok adalat & public utility service  Section 22 B - Establishment of Permanent Lok Adalats
NEED FOR LOK ADALATS 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”
JUSTICE P.N.BHAGWATI STATES IN THE REPORT OF THE LEGAL AID COMMITTEE “Legal aid implies providing an arrangement in the society so that the machinery of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcements of the rights given to them”.
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.
STATEMENT SHOWING THE DETAILS OF NUMBER OF CASES SETTLED IN NATIONAL LOK ADALATS HELD ON 23.11.2013. S.NO. STATE NUMBER OF CASES SETTLED State No. Of Cases State No. Of Cases Andhra Pradesh 1,13,195 2 Arunachal Pradesh 441 3 Assam 53,191 4 Bihar 2,22,164 5 Chhattisgarh 2,20,858 6 Goa 867 7 Gujarat 86,319 8 Haryana 1,80,193 9 Himachal Pradesh 16,416 10 Jammu & Kashmir 59,267 11 Jharkhand 1,06,041 12 Karnataka 94,997 13 Kerala 11,897 14 Madhya Pradesh 20,08,398 15 Maharashtra 4,08,222 16 Manipur 439 17 Meghalaya 972 18 Mizoram 510 19 Nagaland 1,439 20 Odisha 1,84,108 21 Punjab 3,46,423 22 Rajasthan 2,54,922 23 Sikkim 343 24 Tamil Nadu 13,77,252 25 Uttar Pradesh 9,22,768 27 West Bengal 30,968 29 Delhi 3,75,343 34 TOTAL 71,78,178
CASES SUITABLE FOR LOK ADALAT Lok Adalats have competence to deal with a number of cases like: 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
WORKING OF THE LOK ADALATS  Section 20 of Legal Services Authority Act 1987 provides about the working of Lok Adalats.  Moni Mathai v. Federal Bank
JURISDICTION OF LOK ADALATS: According to Section 19(5) of Legal Services Authority Act,1987, lok adalats can decide case by compromise and settlement. State of Kerala v. Ernakulum District Legal Services Authority(AIR 2008 Kerala 70) Union of India v. Annatto (AIR 2007 SC 1561)
Assignment