Lok Adalat: Definition and Meaning

Conflicts and disputes consume resources like money, valuable time, and labor, among other things. The avoidance of conflict in society is very vital and important. But since people coexist in a community and could potentially have disagreements with one another, it is almost impossible. As a result, the answer to this issue is to resolve conflicts as soon as they develop. The legal systems of the vast majority of nations are overworked by the volume of cases. The resolution of any recent lawsuit necessitates a significant amount of time.

What is Lok Adalat?

The phrase "Lok Adalat," which translates to "People's Court," is based on Gandhian ideals.

• According to the Supreme Court, it is a traditional form of adjudicating system that was used in ancient India and whose legality has not been revoked in the present. It provides ordinary people with informal, affordable, and quick justice and is one of the elements of the Alternative Dispute Resolution (ADR) system.

In Gujarat, the first Lok Adalat camp was established in 1982 as a non-governmental, conciliatory organization without any legal authority to make judgments.

• The Legal Services Authorities Act of 1987 granted it legislative status as a result of its escalating popularity over time. The Act establishes rules for the management and operation of the

Advantages of Lok Adalat

The effectiveness of Lok Adalat is predicated on a number of advantages it has over traditional courts of law. These elements are what allow it to settle many issues quickly. As follows −

• Procedural Flexibility: Due to lax enforcement of important procedural regulations like the Indian Evidence Act of 1882 and the Code of Civil Procedure, 1908, there is a great deal of procedural latitude. In contrast to a traditional court of law, direct communication between the parties is available through their attorneys. Due to their dynamic nature, Lok Adalats are able to balance the interests of both parties and make decisions that are agreed upon by both.

• No Court Fees: When a matter is filed in a Lok Adalat, no court fee is required to be paid. The court money initially paid in court on the complaints or petition is also reimbursed to the parties if a case that is currently before a court of law is referred to the Lok Adalat and resolved afterwards.

• Final and Binding Award: The Lok Adalats' decision is considered final and binding under Section 21 of the Act. As there is no room for appeal from this definitive ruling, the cases are dismissed in the first instance.

Benefits of Lok Adalat

Major benefits are −

• If the matter is resolved at Lok Adalat, there is no court fee, and any court fees that have already been paid will be reimbursed.

• The dispute trials are conducted quickly and with procedural flexibility. When evaluating Lok Adalat's allegation

• Parties do not need to follow procedural laws or even hire a lawyer; in fact, parties can present their case on their own.

• Through their attorneys, the parties to the dispute can speak with the judge directly, which is not available in conventional courts of law.

• The Lok Adalat's award is binding on the parties, has the legal force of a civil court's order, and cannot be appealed; therefore, there is no delay in the final resolution of issues.

Jurisdiction of the Lok Adalat

The Lok Adalat has the authority to decide on matters that are pending in any court, provided that the subject matter of the case falls within the purview of the Lok Adalat and that the case has not previously been submitted before the court.

Only if both parties to the case agree to resolve the dispute in Lok Adalat, if one of the parties files an appeal in Lok Adalat to resolve the dispute, or if the court deems it appropriate that the matter in the dispute can be resolved in Lok Adalat can any case that has been brought before a court but the decision regarding the matter has not been given, be resolved by Lok Adalat.

• When a matter is in the pre-trial stage and a request is received from any party interested in the dispute, Lok Adalat may be convened.

• Marriage-related cases, labor disputes, land acquisition conflicts, divorce cases, criminal cases, family law disputes, bankruptcy cases, and other cases of a similar nature may be presented before the Lok Adalat.

However, Lok Adalat will not have the power to provide a decision in relation to any case or matter involving a case that is not governed by any legislation. In other words, situations that are not governed by any legislation are outside the purview of Lok Adalat.

Powers of Lok Adalat

Lok Adalat will have the same authority as a civil court under the Code of Civil Procedure.

• According to the Code of Civil Procedure, Lok Adalat has the same authority to render judgment as a civil court.

• Additionally, Lok Adalat will have the authority necessary to make clear how it will decide each dispute that comes before it.

• Whatever judgment the Lok Adalat renders in a case and whatever decision it renders would have the same effect as if it had been rendered by any other court or a civil court.

• The Lok Adalat's ruling is final, and the judgment it renders is enforceable against both parties.

Types of Cases at Lok Adalat

Following are the major types of cases that can be filed at lok adalat −

• Civil dispute related to property, family, family business, partnership, etc.

• Crimes that can be repeated.

• Invasion of woodland areas.

• Disputes over land acquisition.

• Motor vehicle accident claim and unresolved cases.

Conclusion

Lok Adalat is quite effective at resolving financial disputes. Matrimonial issues, damages claims, and partition suits are all easily resolved through Lok Adalat since these matters have a strong potential for compromise through a give-and-take strategy. A Lok Adalat can take up compoundable criminal matters as well as civil cases (such as marriage and family problems).

Gujrat hosted the first Lok Adalat in 1999. It serves as a forum for the resolution of cases that are either panchayat-pending or in the first stages of litigation. The Legal Services Authorities Act of 1987 has granted them statutory standing.

FAQs

Q1. Can Lok Adalat notice be ignored?

Ans. A Lok Adalat is a forum where disputes are settled through conciliation and compromise, rather than through lengthy and costly court proceedings. And, it is true that Lok Adalat’s order is not binding upon; however, it is not recommended to ignore a notice from a Lok Adalat, as it is an authority and its order is legally binding for resolving disputes. Ignoring a notice from a Lok Adalat could result in a default judgement being made against you, or other legal consequences. Therefore, it is in your best interest to respond to the notice and attend the Lok Adalat proceedings.

Q2. What is the power of Lok Adalat?

Ans. Lok Adalat, also known as "people's court" in India, is a forum for the amicable settlement of disputes, typically through conciliation and compromise. Lok Adalats have the power equivalent to civil court; so, like civil court, it can summon and enforce the attendance of a witness. Furthermore, it has the power to receive evidence regarding a particular case. It is also governed under the Code of Civil Procedure.

Q3. What is the worth of award given by Lok Adalat?

Ans. The awards of Lok Adalat are deemed to be final and binding on all parties, and cannot be challenged in any court of law. This means that once a case has been settled by a Lok Adalat, the parties cannot appeal the decision, and it is legally binding.

Q4. Can Lok Adalat hear the case related to bank loan dispute?

Ans. Yes.

Lok Adalats have been granted the power to pass an award under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and Sarfaesi Act, 2002.

Q5. Can Lok Adalat Hear criminal cases?

Ans. Lok Adalat is a forum for alternate dispute resolution in India, typically used for civil and financial disputes, but not for criminal cases. However, Lok Adalat has the power to hear the criminal matter, but it has to be compoundable in nature. In other words, Lok Adalat can take the small issue or offences which punishment is merely a fine or imprisonment of a few months.