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CAIIB Paper 4 BRBL Module C Unit 18 : The Legal Services Authorities Act, 1987: Lok Adalats (New Syllabus)
IIBF has released the New Syllabus Exam Pattern for CAIIB Exam 2023. Following the format of the current exam, CAIIB 2023 will have now four papers. The CAIIB Paper 4 (BANKING REGULATIONS AND BUSINESS LAWS) includes an important topic called “The Legal Services Authorities Act, 1987: Lok Adalats”. Every candidate who are appearing for the CAIIB Certification Examination 2023 must understand each unit included in the syllabus.
In this article, we are going to cover all the necessary details of CAIIB Paper 4 (BRBL) Module C (IMPORTANT ACTS/LAWS & LEGAL ASPECTS OF BANKING OPERATIONS – PART B) Unit 18 : The Legal Services Authorities Act, 1987: Lok Adalats, Aspirants must go through this article to better understand the topic, The Legal Services Authorities Act, 1987: Lok Adalats and practice using our Online Mock Test Series to strengthen their knowledge of The Legal Services Authorities Act, 1987: Lok Adalats. Unit 18 : The Legal Services Authorities Act, 1987: Lok Adalats
Organization Of Lok Adalats
As per Section 19(1) of the Legal Services Authorities Act 1987, Lok Adalats are organized by the State Authority, District Authority or the Supreme Court Legal Services Committee or High Court Legal Services Committee or Taluk Legal Services Committee at such intervals and places for exercising jurisdiction and for such areas as it thinks fit.
As per the provisions of Section 19(2) (3) and (4), Every Lok Adalat organized for an area shall consist of such number of—
- Serving or retired judicial officers
- Other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee.
- The experience and qualifications of other persons for Lok Adalats organized by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.
- The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
Jurisdiction Of Lok Adalat
- The jurisdiction of the Lok Adalats is provided in Section 19(5) according to which Lok Adalats shall have jurisdiction to determine and arrive at a compromise or settlement between the parties to a dispute.
- The dispute should be either a pending case before any court for which the Lok Adalat is organized or a matter which is falling within the jurisdiction but not pending in any court. The offences, which are compoundable under any law cannot be brought within the purview of the Lok Adalats. The monetary ceiling of amounts regarding which civil disputes can be settled under this mechanism is presently Rs. 20 lakh.
Disposal Of Cases Of Lok Adalat
- The Lok Adalats shall arrive at a compromise or settlement between the parties. They shall act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.
- Where no compromise or settlement could be arrived at between the parties, the records of the case shall be returned to the court from which the reference was received. The court shall proceed with the matter from the stage it had reached before making a reference to the Lok Adalat.
- In respect of disputes which were not before the court and in the absence of compromise or settlement between the parties in the Lok Adalat, can also seek remedy in a court.
Nature Of Award Of The Lok Adalats And Powers
Powers of the Lok Adalats is derived from Section 22 of the Legal Services Authorities Act 1987.
As per Section 22 – The Lok Adalat shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters
- The summoning and enforcing the attendance of any witness and examining him on oath
- The discovery and production of any document
- The reception of evidence on affidavits
- The requisitioning of any public record or document or copy of such record or document from any court or office such other matters as may be prescribed.