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LOK ADALAT In
the recent times Lok Adalats had grown well as an alternative dispute
resolution mechanism and the system became very popular too. The very
expression “Lok Adalat” means “People’s Court”.
This system is more based on morality and honesty, the real pillars
of our traditional society. Chapter VI of the Legal Services Authority Act deals with ‘Lok Adalat’. Though Lok Adalat is not defined under the Act, its composition, power and functioning are stipulated in Sections 19 to 22 of the Act. “Lok
Adalats” are being organized by (a)
Supreme Court Legal Services Committee; (b)
State Legal Services Authority; (c)
District Legal Services Authority; and (d)
Taluq Legal Services Committee. All
disputes which are sub judice and even disputes which have not reached the
courts can be settled in ‘Lok Adalat’.
Lok Adalat, strictly speaking is neither a court nor a substitute
of judicial system. IT is just a forum provided for speedy and efficacious
disposal of disputes / cases. It acts as a supplement to the system with
an avowed motive of providing less expensive, more efficacious and speedy
disposal of disputes. Lok
Adalats are more or less forums for conciliation and are being guided by
Judges, members of the legal profession, social workers or persons engaged
in para legal activities. Cases
pending in any court can be referred to ‘Lok Adalat’ when both parties
agree for such reference or when one of the parties desire it and the
court is also satisfied of the prospects of its settlement, or when the
court itself desires its reference.
Lok Adalats are intended to resolve disputes by mutual settlement
and / or by compromise, as a result of which the procedural and technical
requirements like summoning witnesses, discovery of documents, etc., etc.,
which are time-consuming factors are avoided.
Lok Adalats can specify its own procedure. All that counts is speedy,
easy economical and mutual settlement of inter se
disputes by consent of parties. Settlement reached in Lok Adalat
is deemed to be a decree of a court.
No appeal is permissible against such award.
Thus a lot of time is saved and the decision
attains finality. It is needless to say, if settlement is not arrived
at in Lok Adalat, a matter is sent back to the appropriate court for adjudication.
The methods adopted in Lok Adalat are not only flexible, but hey are also
according to parties desire, the object being expeditious settlement of
disputes and not to stand on formalities and / or technicalities. But
then, members always maintain fairness and equity, so that a decision
is not thrust upon the a weaker party.
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