West Bengal Lok Adalat

Last updated
West Bengal Legal Services Authority
Agency overview
Formed23 April 1998
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersWest Bengal Legal Services Authority,
Agency executive
  • Hon’ble Chief Justice Prakash Shrivastava. [1] , Chief Justice , High Court at Calcutta. Patron-in-Chief. State Legal Services Authority, West Bengal.
Website
wbslsa.bangla.gov.in www.wbtrafficpolice.com/loke-adalat.php

West Bengal Lok Adalat or West Bengal State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of West Bengal.The West Bengal 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 (in the absence of any provision for appeal against such award.

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". [2]

History and Administration

West Bengal 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. 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, economic, social, and cultural rights.

West Bengal 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: [3]

1. Chairman.

2. Secretaries.

Types of Lok Adalat:

Joyita Mondal is one of the few members from transgender community to be part of Lok Adalat in West Bengal Lok Adalat bench. [4]

Justice Prakash Shrivastava is the Chief Justice and patron-in-chief of the West Bengal Lok Adalat. [1]

Lok Adalat Committee and Complaint Procedures

Lok Adalat settles disputes which can be mutually resolved and mostly relating to matrimonial, damages and partition suits. The following are the requirements of the cases before Lok Adalat: [3]

The following types of cases can be admitted in Lok Adalat. [7]

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.

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.

West Bengal 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. [9]

Details of cases Resolved

1. West Bengal Lok Adalat organised Lok Adalat in September 2021 resolving more than 10,000 cases. [10]

See also

Related Research Articles

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Bihar Lok Adalat or Bihar State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Bihar.The Bihar 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.

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. 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.

Kerala Lok Adalat or Kerala State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Kerala.The Kerala 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.

Chhattisgarh Lok Adalat or Chhattisgarh State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Chhattisgarh.The Chhattisgarh 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.

References

  1. 1 2 "West Bengal State Legal Services Authority". West Bengal State Legal Services Authority. Retrieved 24 December 2021.
  2. ↑ "Permanent Lok Adalat" (PDF). Haryana State Legal Services Authority.
  3. 1 2 "Lok Adalats unclog a choked justice delivery system". Deccan Herald. 26 September 2021. Retrieved 28 September 2021.
  4. ↑ "From Being Forced to Beg to a WB Court's National Lok Adalat Bench - Story of a Transgender Activist". The Better India. 10 July 2017. Retrieved 24 December 2021.
  5. ↑ Bhaumik, Aaratrika (13 September 2021). "Lok Adalat". wbtrafficpolice.com. Retrieved 24 December 2021.
  6. ↑ "More than 55,000 cases, over Rs 108 cr settled at Lok Adalat". The Pioneer. 12 September 2021. Retrieved 24 December 2021.
  7. ↑ "Lok Adalat". thehansindia.com. 25 April 2018. Retrieved 28 September 2021.
  8. ↑ "First online Lok Adalat in West Bengal on Aug 22". outlookindia.com. 20 August 2020. Retrieved 24 December 2021.
  9. ↑ "Lok Adalat can't decide cases on merits". deccanherald.com. 18 October 2021. Retrieved 25 October 2021.
  10. ↑ "National Lok Adalat organized in West Bengal; Record More Than 10K Cases Decided". Law Trend. 13 September 2021. Retrieved 24 December 2021.
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