Sikkim Lok Adalat

Last updated
Sikkim State Legal Services Authority
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersSikkim State Legal Services Authority, SIKKIM STATE LEGAL SERVICES AUTHORITY Development Area, Gangtok, East Sikkim,Pin: 737101. [1]
Agency executive
  • Hon'ble Meenakshi Madan Rai. [1] , Chief Justice, Sikkim High Court, & PATRON IN CHIEF, SIKKIM STATE LEGAL SERVICES AUTHORITY.
Website
sikkimslsa.nic.in/lok_adalat.html

Sikkim Lok Adalat or Sikkim State Legal Services Authority (People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Sikkim. The Sikkim Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. [2] [3] It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. [3] Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat (in the absence of any provision for appeal against such award). [3] [4]

Contents

"Section 22 B of The Legal Services Authorities Act 1987 provides for the establishment of Permanent Lok Adalats (PLA) for exercising jurisdiction in respect of one or more public utility services (PUS). Section 22 A of The Legal Services Authorities Act 1987 states what constitutes 'Public Utility Services' for the purpose of Permanent Lok Adalat". [5]

History and Administration

Sikkim Lok Adalat formed under Legal Services Authorities Act, 1987 and to implement the provisions of Constitution which had been drafted to help every citizen to get justice irrespective of their economic or other limitations. [6] [7] The primary value laid down as per Indian Constitutional philosophy is individual dignity which forms the basis of human rights and demands on a holistic basis of civil, political, economical, social, and cultural rights.

Sikkim Lok Adalat is formed with objective and purpose of ensuring and providing visible, practical and positive initiatives ensuring equality and non bias decisions as laid down in Constitution of India and assumes significance due to illiteracy and poverty prevalent in India.

Lok Adalats are constituted at below levels: [8]

1. Chairman.

2. Secretaries.

Types of Lok Adalat:

In October 2021, Sikkim State Legal Services Authority organised awareness programmes across state on the benefits of Lok Adalat. [9] [10] [11]

Hon'ble Chief Justice Meenakshi Madan Rai, Sikkim High Court, is current Patron-in-Chief of Sikkim State Legal Services Authority. [12]

Lok Adalat Committee and Complaint Procedures

Lok Adalat settles disputes which can be mutually resolved [13] and mostly relating to matrimonial, damages and partition suits. The following are the requirements of the cases before Lok Adalat:

The following types of cases can be admitted in Lok Adalat.

1. Any dispute or case pending in any court of law in India.

2. Any dispute to be planned to filed in Court but did not come up for hearing in front of it. Following Pre-Litigation cases can also be filed in Lok-Adalat. [14]

However, any legal issue which is not compoundable as per the Indian Legal Systems cannot be taken up in the Lok Adalat.

As the members are presiding Lok Adalat as statutory conciliators and not in judicial capacity they can only persuade the parties to come to a settlement. Sometimes counselling sessions are also held between opposing parties. The main condition of the Lok Adalat is that both parties in dispute agree for settlement and if they are unable to do so, it is referred to the Permanent Lok Adalat for deciding the case provided the case is not related to compoundable offence.

Sikkim Lok Adalat, as per Supreme Court judgement, is formed to arrive at a compromise or solution between parties in dispute and hence does not have jurisdiction to go into merits of complaint.

See also

Related Research Articles

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Tamil Nadu Lok Adalat or Tamil Nadu State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Tamil Nadu. The Tamil Nadu Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognized as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Himachal Pradesh Lok Adalat or Himachal Pradesh State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Himachal Pradesh. The Himachal Pradesh Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Manipur Lok Adalat or Manipur State Legal Services Authority is a statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Manipur. The Manipur Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Tripura Lok Adalat or Tripura State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Tripura.The Tripura Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Odisha Lok Adalat or Odisha State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Odisha. The Odisha Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

References

  1. 1 2 "SLSA, Sikkim". sikkimslsa.nic.in. Retrieved 31 December 2021.
  2. ↑ "e-Lok Adalats settle 2,232 cases in Odisha". Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST. 23 November 2020. Retrieved 26 December 2021.
  3. 1 2 3 "Lok Adalat". thehansindia.com. 25 April 2018. Retrieved 28 September 2021.
  4. ↑ "Lok Adalat". nalsa.gov.in. 2019-02-26. Retrieved 2021-07-16.
  5. ↑ "Permanent Lok Adalat" (PDF). Haryana State Legal Services Authority.
  6. ↑ Kumar, Dr Ashok (9 September 2021). Alternative Dispute Resolution System in India. K.K. Publications. ISBN   978-93-82657-09-5 . Retrieved 25 December 2021.
  7. ↑ Khan, Sarfaraz Ahmed (2006). Lok adalat : an effective alternative dispute resolution mechanism. New Delhi: A.P.H. Pub. House. ISBN   81-7648-868-2 . Retrieved 30 December 2021.
  8. ↑ "Lok Adalats unclog a choked justice delivery system". Deccan Herald. 26 September 2021. Retrieved 28 September 2021.
  9. ↑ "PRESS RELEASE FROM SIKKIM STATE LEGAL SERVICES AUTHORITY – Sikkim Herald". Sikkim Herald. 30 September 2021. Retrieved 31 December 2021.
  10. ↑ "Sikkim : Legal Awareness Programme Organized At 14000 Ft, Initiative To Deliver Legal Processes". northeasttoday.in. 5 November 2021. Retrieved 31 December 2021.
  11. ↑ "SSLSA holds legal awareness programme at Passingdang". Sikkimexpress. 8 November 2021. Retrieved 1 January 2022.
  12. ↑ "Sikkim State Legal Services Authority observes "Azadi ka Amrit Mahotsav" and "Legal Services" week starting today - Sikkim News | Sikkim Breaking News | Trending News". thesikkimchronicle.com. 2 October 2021. Retrieved 31 December 2021.
  13. ↑ "2G court correct in not referring LTL matter to Lok Adalat: Supreme Court | India.com". india.com. 18 November 2016. Retrieved 28 December 2021.
  14. ↑ "Sikkim : SLSA To Organize National Lok Adalat For Pre-litigation Matters & Pending Cases On September 11". northeasttoday.in. 10 August 2021. Retrieved 31 December 2021.
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