- April 8, 2021
- Posted by: admin1
- Category: DPN Topics
Context: For Lok Adalats, speed overrides quality .The system must look beyond swift disposal of cases and focus on just and fair outcomes.
- Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
- The Lok Adalats are formed to fulfil the promise given by the preamble of the Indian Constitution– securing Justice – social, economic and political of every citizen of India.
- Article 39A of the Constitution provides for free legal aid to the deprived and weaker sections of the society and to promote justice on the base of equal opportunity.
- Articles 14 of the Constitution also make it compulsory for the State to guarantee equality before the law.
- Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory status.
- The decision made by the Lok Adalats is considered to be a verdict of a civil court and is ultimate and binding on all parties.
- There is no provision for an appeal against the verdict made by Lok Adalat.
- But, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
- There is no court fee payable when a matter is filed in a Lok Adalat.
- Note: If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.
Nature of Cases to be Referred to Lok Adalat:
- Any case pending before any court.
- Any dispute which has not been brought before any court and is likely to be filed before the court.
- Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.